STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. DBPR Case No.: RAMON A. FABREGAT AND, R.A. FABERGAT & ASSOCIATES, INC., O 7 | U f Q- Respondents. . : / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against RAMON A. FABREGAT AND R.A. FABERGAT & ASSOCIATES, INC., ("Respondent"), and says: L. Petitioner 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 and interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 15210 SW 36™ Terrace, Miami, Florida 33185. 4. At all times material hereto, Respondents were not duly registered or certified to _engage in the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes. 5. On or about May 18, 2006, Respondents contracted with Carlos Escobar to provide architectural drawings for a residential project located 4356 S.W. 50" Street, Miami, Florida 33314. 6. The contract specifically states that Respondents will provide architectural construction documents. 7. Respondents held themselves out as architects to Carlos Escobar. 8. Respondents are. not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 481 203(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 practicing architecture when they were not the holder of a valid license by offering architectural services. 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)(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.” 14, 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 Il 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, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 17. Based upon the foregoing, the Respondent, R.A. Fabergat & Associates, 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. w r Signed this & dayof Acbrra-y¥ , 2007. Fl L ED se Ba IK a Department of DEPUTY CLERK DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. MM Nichole 2075 Centre Pointe Blvd. cere Drardn Tallahassee, FL 32308-4893 DATE A- 12-2007 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 402-1508 PCP: FEB 0 5 2007

Docket for Case No: 07-001462