: STATE OF FLORIDA Yp DEPARTMENT OF BUSINESS AND PROFESSIONAL ancuatii 4S vy , a /s 3 A DEPARTMENT OF BUSINESS AND | i — ‘ili Ty, PROFESSIONAL REGULATION, . ve PE " Petitioner, - co OF O52) vs. _ ne DBPR Case No.: 2006-04976 MARGARET H. O’ROURKE AND, MARGARET H. O'ROURKE DESIGNS, INC., Respondents. ; . . , ADMINISTRATIVE COMPLAINT: . Petitioner, DEPARTMENT OF BUSINESS ‘AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complain before the Board of Architecture and Interior Design against MARGARET H, O° ROURKE and: ‘MARGARET H. O’ROURKE DESIGNS, INC. ("Respondents"), and says: : 1. Petitioner is the state agency charged with regulating the practice of architecture ; ‘pursuant to Section 20. 168, Florida Statutes, and Chapters 455 and 481, Florida Statutes, 2. The Depariment of Business and Professional Regulation has jurisdiction over the : unlicensed practice of architecture and interior design pursuait to Section 455. 228(1), and “ Section 481 .223(1)(a), Florida Statutes. 3 Respondents’ last known addréss i is P.O. Box 2071, Winter Park, Florida 32790. “4.0 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. Respondents’ sign offers commercial design services. 6 Respondents are not licensed architects in the State of Florida and therefore cannot offer or provide commercial design services. 7, "Respondents contracted to provide | desi gn services for a commercial Project located at 411 West New England Avenue, Winter Park; Florida, 3 ~ Respondents prepared drawings for the projects. 9. Respondents’ title block appears on the drawings which are titled “Architectural Site Plan & Ground Floor Retail Plain”, . ‘COUNT I : 10. Petitioner hereby Tealleges 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 ora registered architect.” 12. Based. upon the foregoing, Respondents have violated Section 481 231), Florida Statutes, by-practicing architecture when they were not the holder of a valid license. by preparing drawings fora commercial project. . 7 COUNTI | 13. Petitioner hereby realleges and | incorporates paragraphs one (1) through nine Oe as if iffy set forth herein. i 14. Section 481 -223(1}(e), Florida Statutes, States that a person may not knowingly “use - the name or. title: ‘architect’ or Tegistered 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 (1Y(c),” Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid "~ license, COUNT I 16. Petitioner: hereby realeges and incorporates paragraphs one w through nine ©) as if fully set: forth herein.. 17. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a. corporation, p pattnership, or fictitious name offering architectural services. 18. Based upon the foregoing, the Respondent, Margaret H. O° Rourke Designs, Inc., has violated Section 481 219(2), F Florida Statutes, by practicing architectural services without a certificate of authorization. ° WHEREFORE, Petitioner respectfully requests the Board enter an Order irnposing an : administrative fine not to exceed $5, 000 per count, assess costs associated with investigation and prosecution, i impose any or all petaltiés 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 promul gated thereunder. _ Signed this 2 7r day of oOcteber. _. ; 2006. ; : . OEPury CLERon Regulation 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: 07-000521