De STATE OF FLORIDA Lys DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2.2, 0 A “é a, , ‘Dy tye, Cie DEPARTMENT OF BUSINESS AND Uisliga, ts ? PROFESSIONAL REGULATION, Be Waytiale Me an : . _ . . on —— ; O59 Lee Petitioner, v5, DBPR Case No.: - 2006-002407 DEBRA YATES AND . a _ ‘GREAT SPACE, . . Az, | | E72 OS4°D . Respondents. 7 : : / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ( Petitioner"), files this Administrative Complain before the Board of Architecture and Interior Design against DEBRA YATES and GREAT SPACE, (Respondents, and says: 1, Petitioner i 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)(@), Florida Statutes. oo 3. Respondents! last known. address i is 1205 Von Phister Street, > Key West, Florida " 33040. , 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of interior design or architecture in the State of Florida Pursuant to Chapter.481, Florida Statutes. 7) 5. Respondents’ purchased a magazine advertisement which offers interior design services. 6: Respondents are not licensed in the State of Florida as interior designers and : ‘therefore cannot offer or provide interior des gn services. . 7. , Respondents website offers architectural design services. 8. Respondents web site also provides pictures of commercial design projects. 9. Respondents are not licensed in the State of Florida as architects and therefore cannot offer or provide architectural services, COUNT I 10. ° Petitioner hereby realleges and incorporates Paragraphs one (1) through nine (9) as if filly set forth herein. ) 11, Section 481. 223(1)(b), Florida’ Statutes, states that a person may not t knowingly _ Practice interior design, when the person is ‘not then the holder of a valid license.’ 12. Based upon the foregoing, the Respondents have violated Section 481 223030), Florida Statutes, by practicing interior design, when they were not the holder of.a valid license, . COUNT u ) 13. Petitioner hereby relleges and i incorporates Paragraphs one (1) through m nine °@) as if fully set forth herein. 14, . Section 481. 223(1)(c), Florida a Statutes, prohibits a person from using the title interior designer 0 or words to that effect unless the person is a registered interior designer. 15. Based upon ‘the foregoing, the Respondents have violated Section 481. 223(1)(0), Florida Statutes, by holding themselves out as interior designers when they were not the holder --of a valid license. _COUNT i . 16. " Petitioner. hereby realleges and incorporates paragraphs one qd) through nine (9) as if fully set forth herein. . . . . . . , 17 “Section 48 1.223(1)(@), Florida Statutes, states that a person may not knowingly “practice architecture unless the perso is an architect or a registered architect.” 18. © 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 such services. - . ~ COUNTIV 19. . Petitioner hereby redlleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. .20. 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.” . | 21. 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. i COUNT v a 22, . Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) ; as if fully-set forth herein, - } - 23, “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, | . 24, ‘Based upon the foregoing, Respondents have violated Section 481. 2190), Florida Statutes, by offering interior. design s services through Great Space, without a bertificate of | authorization. oo . "WHEREFORE, Petitioner respectflly requests the Board enter 2 an Order i imposing an administrative fine riot to exceed $5, 000 per count, assess costs associated with investigation and prosecution, ’ impose any or all penalties delineated within Section 45s, 227(2), Florida Statutes, and/or any other relief that the Board i is authorized to impose pursuant to Chapters 4 481 and 455," Florida Statutes, and/or the mules promulgated thereunder. " Signed this az* ” day of Qctebe— 5 2006. ‘DAVID K. MINACCI _ Smith, Thompson, Shaw & Manausa, P.A. 2075 Centre Pointe Blvd. Tallahassee, FL 32308-4893 FL Bar No. 0056774 i Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: Seren fees

Docket for Case No: 07-000523