STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION?» DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. : : Case No.: SUSAN BURGESS AND, ; HEARTLAND GROUP | e 7-089 2 Respondents. | /. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ('Petitioner'), files this Administrative Complaint before the Board of Architecture and Interior Design against SUSAN BURGESS AND HEARTLAND GROUP ("Respondents"), and says: - 1. Petitioner i 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 pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. : At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida Statutes. 9 ee 2 4. Respondents’ last known address is 13950 Canal Drive, Pensacola, Florida 32507. 5. On or about April 21, 2004, Respondents entered into a contract with Hidden Bay Development, LLC, to provide consulting services as owners’ agent to obtain architectural plans and specifications. . . 6. On or about June 7, 2004, Respondents entered into a contract with Perdido Isle, LLC, to provide consulting services as owners’ agent to obtain architectural plans and specifications. . 7. Respondents are not licensed architects in the State of Florida and therefore cannot offer to provide architectural services. 8. Further, Respondents are offering architectural services through a business entity without a certificate of authorization. . COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one 1) through eight (8) as if fully set forth herein. 10. 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.” 11. Based upon the foregoing, Respondents, have violated Section 481.223(1)(a), |. Florida Statutes, by offering architectural services to Hidden Bay Development, LLC, COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) 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 offering architectural services to the Perdido Isle, LLC. . COUNT mw 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 16. Section 481.219(2), Florida Statutes, states a corporation, partnership, or a person practicing under a fictitious name, offering architectural services to the public must obtain a certificate of authorization. 17. Based upon the foregoing, Respondent, The Heartland Group has violated Section 481.219(2), Florida Statutes, by offering architectural services when it was not the holder of a valid 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. . ey : ; Signed this JO ' day of A a wit pow © FILED Sy Dapartment of Business and Professional Regulation deme DEPUTY CLERK : DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. WM tbcchale 2075 Centre Pointe Blvd. CLERK 6 Tallahassee, Fl 32308-4893 DATE = | ~ FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: Rp 9 8 2006 aa A ;

Docket for Case No: 07-000522