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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs JULIE WAKELY AND WAKELY AND COMPANY, 06-002533 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002533 Visitors: 4
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: Sep. 22, 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.
Source:  Florida - Division of Administrative Hearings

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