2 rag "S, ° te oO AiG, “he STATE OF FLORIDA EG, 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Os ““% ; VL, DEPARTMENT OF BUSINESS AND . € PROFESSIONAL REGULATION, - _ ‘Petitioner, ; 0!) ig - > od i vs. DBPR Case Nos.: 2006-005025 2006-005040 . ; 2006-005031 SOLANA ENTERPRISES, INC., VALRIE ROSEN AND GERHARD PELZER, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against SOLANA ENTERPRISES, INC., VALRIE ROSEN AND. GERHARD PELZER ("Respondents"), and says: lL. 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 20199 Markward Crossing, Estero, Florida 33928. 4, At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. On or about June 7, 2004, Respondents entered into a contract with Robert A. Lee, Jr., to perform architectural services for office/retail space located 1925 S.W. Pine Island Road, Cape Coral, Florida. . 6. On or about June 11, 2004, Respondents entered into a contract with Robert A. - Lee, Jr., to perform architectural services for a 32-unit condominium located in, Cape Coral, ~ Florida. . 7. On or about June 11, 2004, Respondents entered into a contract with Robert A. Lee, ht, to perform architectural services for a 14-unit condominium located in, Cape Coral, Florida. 8. Throughout the contracts the Respondents are offering “architectural services” for the three projects. | 9. Exhibit “B” of the contracts offer ‘Licensed Architectural Design Consultant” at $100.00 per hour. 10. Respondents prepared drawings for the projects and their title block claims that the Respondents are members of The American Institute of Architects. 11. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services or hold themselves out as architects. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one rab) through eleven (11) as if fully set forth herein. 13. 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.” 14. Based upon the foregoing, Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering to,provide architectural services for office/retail space. COUNT tH 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 16. - 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.” 17. | Based upon the foregoing, Respondents have violated Section 48 1.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering to provide architectural services for a 32-unit condominium. COUNT II 18.’ Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if-fully set forth herein. ‘19, | 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.” 20. Based upon the foregoing, Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering to provide architectural services for a 14-unit condominium. COUNT IV 21, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven’ (11) as if fully set forth herein. 22. 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.” 23. 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 V 24, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein. 25. Section 481.2192), Florida Statutes, requires a certificate of authorization for ae corporation, partnership, or fictitious name offering architectural services. . 26. Based upon the foregoing, the Respondent, Solana Enterprises, Inc., 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. . 5 ott. Signed this 227 dayof Oetelo— , 2006. SNe me 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:

Docket for Case No: 06-005259