ae En Aa vem tee, iD i 060CT-9 PHI2: }2 STATE OF FLORIDA DIVISION GF DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUERTION! fal IVE it wat He ee) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case Nos.: 2005-041791 2006-033103 Do 38% T. RUSSELL DEBOSE AND, TR DEBOSE ARCHITECTURAL DESIGN & ELEMENTS, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against T. RUSSELL DEBOSE and TR DEBOSE ARCHITECTURAL DESIGN & ELEMENTS, (“Respondents”), and says: 1. Petitioner is the state agency charged with regulating the practice of architecture 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 3082 Rio Bonita Street, Indialantic, Florida 32903. 4. __ At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. Respondents entered into a contract to perform architectural services for a conumnercial project known as Nelson Engineering in Merritt Island, Florida. 6. The Respondents title block appears on each page of the drawings and offers “architectural design” services, 7. Respondents title block also offers retail and corporate design services, 8. Further, Respondents’ sign at the job site offers “architectural design” services, 9. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. COUNT J 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. 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 offering and providin g architectural services. COUNT II 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 UI 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, TR Debose Architectural Design & Elements, 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 promulgated thereunder. wf - Signed this 27 dayof___- Aey vs , 2006. DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: UG 2 8 2006 Fi Jonal Reguiaton artmant of Business and Profass! oe DEPUTY CLERK ERK Par hn WM tichete ome A 53-2006 |

Docket for Case No: 06-003882