STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Ol -1 27 DBPR Case No.: J.C. FORBES AND ARCHITECTURAL DESIGN & PLANS, 2005-043062 Respondents. / _ 2h ADMINISTRATIVE COMPLAINT A ey = a a ow mi oo Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL RI EGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against J.C. FORBES AND ARCHITECTURAL DESIGN & PLANS ("Respondents"), and says: 1. Florida Statutes. and interior design pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, 2 Petitioner is the state agency charged with regulating the practice of architecture The Department of Business and Professional Regulation has jurisdiction over the 3. unlicensed practice of architecture and interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 33756, Respondents’ last known address is 2864 Whitney Road, Clearwater, Florida 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. Respondents entered into a contract with Tolino Incorporated to prepare architectural drawings for a remodeling project known as Precious People’s Learning Center, located at 130 Riviere Road, Palm Harbor, Florida. 6. On or about May 4, 2005, Respondents prepared drawings for the project. 7. The drawings contained Respondents’ title block. 8. On or about July 20, 2005, the plans were submitted to the Pinellas County Building Department to change the occupancy of the structure from residential to educational. 9. The Pinellas County Building Department reviewed the drawings and determined that the Respondents were not licensed to practice architecture in the State of Florida. COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 1], Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” 12, Based upon the foregoing, Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by signing and sealing drawings. COUNT Il 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use the name or title ‘architect’ or ‘registered architect’ or words to that effect, when the person is not then the holder of a valid license.” 15. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT II 16. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein.. 17. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 18. Based upon the foregoing, the Respondent, Architectural Design & Plans, has violated Section 481.219(2), Florida Statutes, by offering architectural services 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 ee thereunder. Signed this 2 yt ~ day of Feb-ecaey , 2006. / FILED “a ST Dre Department of Business and rotessiana Regulation ——: — DEPUTY CLE DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. son Lengel Acdels 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 DATE ~3°3-2006 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: Zi \ue KeadUucie, AQuim > Aatlet C

Docket for Case No: 06-001287