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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CARRIE`S INTERIOR AND CARRIE NEMEC, 06-001184 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001184 Visitors: 2
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CARRIE`S INTERIOR AND CARRIE NEMEC
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Punta Gorda, Florida
Filed: Apr. 06, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 23, 2006.

Latest Update: Sep. 22, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No.: — 2005-024740 CARRIE’S INTERIOR AND CARRIE NEMEC, cf Respondents. © (o . | l / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against CARRIE’S INTERIORS AND CARRIE NEMEC, ("Respondents"), and says: lL. Petitioner is the state agency charged with regulating the practice of architecture and interior design pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. ) 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of interior design pursuant to Section 455.228(1), and Section 48 1.223(1)(a), Florida Statutes. 3. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of interior design in the State of Florida pursuant to Chapter 481, Florida Statutes, 4, Respondents’ last known address is 3716 Peace River Drive, Punta Gorda, Florida 5. Respondents are offering interior design services in an advertisement that appeared in the Charlotte County Sun Newspaper. 6. The advertisement states, “Thank you Charlotte County for Voting Us the #1 Interior Designer of Charlotte County.” 7. The advertisement offers commercial design services which the Respondents are not licensed to performed. 8. The advertisement also contains “Lic.#101749" which is misleading to the public given the fact the Respondents are not licensed interior designers. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 481.223(1)(c), Florida Statutes, prohibits a person from using the title interior desi gner or words to that effect unless the person is a registered interior designer. 11. Based upon the foregoing, the Respondents have violated Section 481.223(1)\(c) by holding themselves out as interior designers when they were not the holder of a valid license. COUNT II 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Section 481.219(3), Florida Statutes, requires a certificate of authorization to practice interior design services through a corporation, partnership, or under a fictitious name. tw 14. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior design services through Carrie’s Interiors, without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an administrative fine not to exceed $5,000 per count, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. wy Signed this 24° dayof -ib-em cf , 2006. Depart 2D oo Ment of Business and . DAVID K. MINACCI DEPUTy cles Regulation Smith, Thompson, Shaw & Manausa, P.A. . 2075 Centre Pointe Blvd. Tallahassee, F] 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508

Docket for Case No: 06-001184
Issue Date Proceedings
May 23, 2006 Order Closing File. CASE CLOSED.
May 22, 2006 Motion to Relinquish Jurisdiction filed.
May 09, 2006 Answers to Interrogatories filed.
May 09, 2006 Respondent`s Response to Request to Produce filed.
May 02, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 8, 2006; 9:30 a.m.; Punta Gorda, FL).
Apr. 28, 2006 Motion to Continue filed.
Apr. 26, 2006 Amended Notice of Taking Deposition filed.
Apr. 26, 2006 Notice of Taking Deposition filed.
Apr. 26, 2006 Petitioner`s Motion to Reschedule Hearing filed.
Apr. 25, 2006 Order of Pre-hearing Instructions.
Apr. 25, 2006 Notice of Hearing (hearing set for May 12, 2006; 9:30 a.m.; Punta Gorda, FL).
Apr. 24, 2006 Amended Response to Initial Order filed.
Apr. 12, 2006 Response to Initial Order filed.
Apr. 11, 2006 Petitioner`s Response to Initial Order filed.
Apr. 06, 2006 Initial Order.
Apr. 06, 2006 Notice of Filing Petitioner`s Answers to Respondent`s First Set of Interrogatories and Response to Respondent`s First Request for Production filed.
Apr. 06, 2006 Election of Rights filed.
Apr. 06, 2006 Answers to Administrative Complaint filed.
Apr. 06, 2006 Administrative Complaint filed.
Apr. 06, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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