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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs ELYSE SANTORO AND FENG SHI DESIGNS BY ELYSE SANTORO, 06-004658 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004658 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: ELYSE SANTORO AND FENG SHI DESIGNS BY ELYSE SANTORO
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 16, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 11, 2007.

Latest Update: Jun. 06, 2024
cy) vy STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION as oy ae DEPARTMENT OF BUSINESS AND Bo ~ %N PROFESSIONAL REGULATION, KEE OO CES A, “gt GRO se Petitioner, Ep, YB GE 4 vs. DBPRCaseNo.: 2005-040123 © ELYSE SANTORO AND, FENG SHUI DESIGNS BY ELYSE SANTORO, Dlo - U C se Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ELYSE SANTORO and FENG SHUI DESIGNS BY ELYSE SANTORO, (“Respondents”), 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. Respondents’ last known address is 5600 Collins Avenue, Miami Beach, Florida 33140. 4, At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture or interior design in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. Respondents’ website offers to provide architectural interior design services for both residential and commercial properties. 6. These services are offered through a business entity that does not hold a certificate of authorization. COUNT I 7. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 8. 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. 9, 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 10. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 11. Section 481.223(1)(c), Florida Statutes, prohibits a person from using the title interior designer or words to that effect unless the person is a registered interior designer. 12. Based upon the foregoing, the Respondents have violated Section 481.223(1){c), Florida Statutes, by holding themselves out as interior designers when they were not the holder of a valid license. yo 2) COUNT It 13. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 14, 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.” 15. Based upon the foregoing, Respondents, have violated Section 481.223(1)(a), Florida Statutes, by offering to provide architectural services when they were not the holder of a valid license. COUNT IV 16. - Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as if fully set forth herein. 17. Section 481.219(3), Florida Statutes, requires a certificate of authorization to practice interior design services through a corporation, partnership, or under a fictitious name. 18. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior design services through Feng Shui Designs by Elyse Santoro, 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. . th . Signed this. /5”___ day of Dean , 2006. 3 ee ies 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 PLP. JUN 15 2005 Copan Fy l ; fds $8 and Profess, ; UTy CLER, al Requiation Ds

Docket for Case No: 06-004658
Issue Date Proceedings
Nov. 29, 2007 Motion to Dismiss filed.
Apr. 11, 2007 Order Closing File. CASE CLOSED.
Apr. 11, 2007 Motion to Dismiss Formal Hearing filed.
Mar. 09, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 18, 2007; 9:00 a.m.; Miami, FL).
Mar. 08, 2007 Motion to Continue filed.
Jan. 11, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 14, 2007; 9:00 a.m.; Miami, FL).
Jan. 10, 2007 Motion to Continue filed.
Dec. 19, 2006 Notice of Filing Petitioner`s Answers to Respondent`s First and Second Set of Interrogatories, and Response to First Requests for Production filed.
Dec. 18, 2006 Notice of Filing Responses to Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Dec. 12, 2006 Notice of Filing Respondents` Second Set of Interrogatories filed.
Dec. 08, 2006 Notice of Filing Respondents` First Set of Interrogatories, First Request for Production and Request for Admission filed.
Nov. 29, 2006 Notice of Hearing (hearing set for January 31, 2007; 9:00 a.m.; Miami, FL).
Nov. 22, 2006 Respondents` Response to Initial Order filed.
Nov. 20, 2006 Petitioner`s Response to Initial Order filed.
Nov. 17, 2006 Initial Order.
Nov. 16, 2006 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Nov. 16, 2006 Answer and Affirmative Defenses filed.
Nov. 16, 2006 Administrative Complaint filed.
Nov. 16, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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