Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: JULIE WAKELY AND WAKELY AND COMPANY
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jul. 17, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 6, 2006.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
JULIE WAKELY AND
WAKELY & COMPANY,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against JULIE WAKELY and WAKELY & COMPANY, (“Respondents”), and says:
1. Petitioner is the state agency charged with regulating the practice of 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 architecture and interior design pursuant to Section 455.228(1), and
Section 481.223(1)(a), Florida Statutes.
3. Respondents’ last known address is 1400 Gulf Shore Boulevard, N. Apt. 302,
Naples, Florida 34102.
4, 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.
5. As of April 13, 2006, Respondents are offering interior design services on their
web page from its offices in Naples, Florida.
6. Respondent Julie Wakely holds herself out ds an interior designer throughout the
website.
7. Respondents state on their website it provided design services for Charleston
Square, a condominium project in Naples, Florida.
8. Neither of the Respondents are licensed in the State of Florida to either offer or
provide interior design service.
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)(b), Florida Statutes, states that a person may not knowingly
practice interior design, when the person is not then the holder of a valid license.
1]. Based upon the foregoing, the Respondents have violated Section 481.223(1)(b),
Florida Statutes, by practicing interior design 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 481.223(1)(c), Florida Statutes, states that a person may not knowingly
“use the name or title ‘interior designer’ or ‘registered interior designer’ or words to that effect,
when the person is not then the holder of a valid license.”
14. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c),
Florida Statutes, by using the name or title “interior designer”, when they were not they were not
the holder of a valid license.
COUNT Ill
15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8)
as if fully set forth herein.
16. Section 481.219(3), Florida Statutes, states a corporation, partnership, or a person
practicing under a fictitious name, offering interior design services to the public must obtain a
certificate of authorization.
17. Based upon the foregoing, Respondent, Wakely & Company, has violated Section
481.219(3), Florida Statutes, by offering interior design services when it was not the holder of a
valid 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.
#®
Signed this 7 dayof Ala , 2006,
FILED QOD
Department of Businass and Professional Regulatio.
“_ "AGENCY CLERK DAVID K. MINACCI
Smith, Thompson, Shaw & Manausa, P.A.
5 3 \ low 2075 Centre Pointe Blvd.
Tallahassee, FL 32308-4893
4 5 f be
p CEU RR Sowda Le Webmin FL Bar No. 0056774
(Que Ney -/0-2006 Ph: (850) 402-1570
Ne coke“ 10-2 00) Fax: (850) 402-1508
Docket for Case No: 06-002533
Issue Date |
Proceedings |
Oct. 06, 2006 |
Order Closing File. CASE CLOSED.
|
Oct. 05, 2006 |
Motion to Relinquish Jurisdiction filed.
|
Aug. 22, 2006 |
Notice of Serving Petitioner`s Response to Respondent`s First Request for Production filed.
|
Aug. 18, 2006 |
Order of Pre-hearing Instructions.
|
Aug. 18, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 17, 2006; 9:30 a.m.; Tallahassee, FL).
|
Aug. 16, 2006 |
Motion for Continuance filed.
|
Aug. 16, 2006 |
Request for Production of Documents filed.
|
Jul. 26, 2006 |
Order of Pre-hearing Instructions.
|
Jul. 26, 2006 |
Notice of Hearing (hearing set for September 8, 2006; 9:30 a.m.; Tallahassee, FL).
|
Jul. 20, 2006 |
Petitioner`s Response to Initial Order filed.
|
Jul. 18, 2006 |
Initial Order.
|
Jul. 17, 2006 |
Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Jul. 17, 2006 |
Election of Rights filed.
|
Jul. 17, 2006 |
Administrative Complaint filed.
|
Jul. 17, 2006 |
Referral Letter filed.
|