Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: ELYSE SANTORO AND FENG SHI DESIGNS BY ELYSE SANTORO
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: Miami Beach, Florida
Filed: Oct. 25, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 30, 2007.
Latest Update: Dec. 23, 2024
Puy
STATE OF FLORIDA "Ch EP
DEPARTMENT OF BUSINESS AND PROFESSIONAL BPGELATION bs
Pi le:
DEPARTMENT OF BUSINESS AND , DIV is) 43
PROFESSIONAL REGULATION, A Dramas OF
. U a Heap RAT Ve
Petitioner, O C7 Hes ~
vs. DBPR Case No: —-2005-040123
ELYSE SANTORO AND,
FENG SHUI DESIGNS BY ELYSE
SANTORO,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against BLYSE SANTORO and FENG SHUI DESIGNS BY ELYSE SANTORO,
(“Respondents”), and says: .
1. 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 5600 Collins: Avenue, Miami Beach, Florida
33140.
4. At all times material hereto, Respondents were not duly registered or certified to
engage in the practice of architecture or interior design in the State of Florida pursuant to
Chapter 481, Florida Statutes.
5. Respondents’ website offers to provide architectural interior design services for
both residential and commercial properties.
6. Thesé services are offered through a business entity. that does not hold a
certificate of authorization.
COUNT I .
7. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as
_if fully set forth herein.
8. Section 481.223(1)(b), Florida Statutes, states that a person may not knowingly
practice interior design, when the person is not then the holder of a valid license.
9. Based upon the foregoing, the Respondents have violated Section 481.223(1)(b),
Florida Statutes, by practicing interior design, when they were not the holder of a valid license.
COUNT II
10. _ Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as
if fully set forth herein. .
11. Section 481.223(1)(c), Florida Statutes, prohibits a person from using the title
interior designer or words to that effect unless the person is a registered interior designer.
12, _... Based upon the foregoing, the Respondents have violated. Section 481.223(1)(c);
Florida Statutes, by holding themselves out as interior designers when they were not the holder
of a valid license.
COUNT IIt
13. __. Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as
if fully set forth herein.
14. — Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly
“practice architecture unless the pérson is an architect or a registered architect.”
15. Based upon the foregoing, Respondents, have violated Section 481.223(1)(a),
Florida Statutes, by offering to provide architectural services when they were not the holder of a
valid license.
COUNT IV
16. - Petitioner hereby realleges and incorporates paragraphs one (1) through six (6) as
if fully set forth herein.
17, 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.
18. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida
Statutes, by offering interior design services through Feng Shui Designs by Elyse Santoro,
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.
tM
Signed this ix dayof Dean , 2006.
SS
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: 07-004878