STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION O60CT 12 PH &: 03 DEPARTMENT OF BUSINESS AND ; OIVISIOH OF PROFESSIONAL REGULATION, ADMIE Aer ATIVE HEARINGS Petitioner, vs. DBPR Case No.: 2005-025255 FRANCISCO SERMER, a Respondent. () ( - AT (o 2) / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against FRANCISCO SERMER ("Respondent"), and says: 1, 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 architecture and interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3, Respondent's last known address is 2871 N. Oakland Forest Drive, #204, Oakland Parkc, Florida 33309. 4, At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5, On or about February 24, 2004, Respondent entered into a contract to provide architectural plans for an addition to an existing residence located at 1911 SE 23" Avenue, Ft. Lauderdale, Florida. ) 6. Respondent told the owner of the project that he. was an architect and in e-mail dated August 17, 2003, referred to himself as an architect. 7. Even though Respondent is a Certified Building Contractor, he cannot offer to provide architectural plans or hold himself out as an architect. COUNT I 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. 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.” “10. Based upon the foregoing, Respondent has violated Section 481,223(1)(a), Florida Statutes, by offering architectural services. COUNT I 11. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 12. 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.” 13. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when he was not the holder of a valid license. 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 27 m dayof A Hs v5 7 , 2006. 7 a J. . we Liye be 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: G2 8 2006 ran Cosine LE D ons and Professional ; UTY CLERK Feguistion

Docket for Case No: 06-003965