2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . Petitioner, vs co ; _ _DBPR Case Nos.: _ 2006-027100 * . - 2006-027048 DANIEL ESTEVILL AND O45 ae oe METRO CONSULTANTS, INC., Ol ° Respondents. . . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DANIEL ESTEVILL and METRO CONSULTANTS, INC. ("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( , and Section 481.223(1)(a), Florida Statutes. _ 3. Respondents’ last known address 12260 SW a Terrace, Miami, Florida 33184. 4. At all times material hereto, Respondents were not duly registered or certified to ‘-engage in the practice of architecture pursuant to Chapter 48 1, Florida Statutes. 5. ; . On or about September 30, 2002, Respondents entered i into a contract with 7 Maximo Gonzalez to o obtain architectural plans for a residential project located a at 3241 NW 6 , ; ; Street, Miami, Florida, 6. The contract specifically provides that Respondents will obtain architectural , building plans and a building permit for the Project. _ 7. The contract states that Respondents would receive a fee of $2,350.00 for providing these services. . 8 Respondents received $1,762.50 urider the a and never produced plans for “permitting. Oo . Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural building plans. . | COUNTI 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 t not knowingly “practice architecture unless the person is an architect ora registered architect. ” 12. 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 building plans. _ COUNT COUNT 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine °) 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 ti the Respondents have violated Section 481 234 1)(c), Florida Statutes, by using the name or title “architect”, when they w were not the holder of. a valid license. - : . COUNT IT . 16. Petitioner hereby realeges a and incorporates paragraphs one Q) through nine (9) - as if fully’ set forth herein. - : 7 , 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, ‘Metro Consultants; Inc., has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certjficate 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, F lorida Statutes, and/or the rules promul gated thereunder. Oo Be Signed this - 27" day of _ Ge feber DAVID K. MINACCI - Smith, Thompson, Shaw & Manausa, P. A. 2075 Centre Pointe Blvd.. Tallahassee, FL 32308-4893 : a Bar No. 0056774 - _ (850) 402-1570 Cu 7 . Fac (850) 402-1508 PCP oct 8 8 2006 ae

Docket for Case No: 07-000456