STATE OF FLORIDA Pel Boge Py DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION® =! fins £2 iD ft DEPARTMENT OF BUSINESS AND 08 HAY 21 A is ag PROFESSIONAL REGULATION, by. 5 J 1 vo ony . apa tiSlON OF Petitioner, “ "iH Papi IVE vs. Case No.: 2007-062794 JRS DESIGN, INC. AND JOSEPH R. BARNA, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JRS DESIGN, INC. AND JOSEPH R. BARNA ("Respondents"), and says: 1. Petitioner 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)(a), Florida Statutes. . 3. | Respondents’ last known address is 4215 Arthur Street, Hollywood, Florida 33021. 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 March 22, 2001, Respondents entered into a contract to provide interior design services for a terminal building/office building. 6. In the above referenced contract, the Respondents refer to themselves as the “architect” for the project. 7. On or about October 31, 2001, the Respondents prepared a proposal to provide interior design services. 8. In the above referenced proposal, the Respondents refer to themselves as the “architect” for the project. 9. On or about December 7, 2001, the Respondents prepared a proposal to provide interior design services. 10. In the above referenced proposal, the Respondents refer to themselves as the “architect” for the project. 11. Onor about June 1, 2002, the Respondents prepared a proposal to provide interior design services. 12. Inthe above referenced proposal, the Respondents refer to themselves as the “architect” for the project. 13. Onor about July 18, 2002, the Respondents prepared a proposal to provide interior design services. . 14. In the above referenced proposal, the Respondents refer to themselves as the . “architect” for the project: 15. Onor about March 12, 2003, the Respondents prepared a proposal to provide interior design services. 16. On or about January 12, 2004, Respondents entered into a contract to provide “Architectural site plan, floor plans, and elevations” for a town house located in the Wilton Manors. 17. On or about May 21, 2004, Respondents entered into a contract with Kevin Martin to provide “Architectural site plan, floor plans, and elevations” for a town house located on the Torpen River. 18. On or about June 5, 2004, the Respondents prepared a proposal to provide interior design services. 19. On or about June 5, 2004, the Respondents prepared another proposal to provide interior design services for the interior remodeling of a condominium. 20. Respondents prepared a proposal to provide architectural services for a residence located at Bay Harbor Drive and used the title architect throughout the contract. 21. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. 22. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot use the title architect. 23. Respondents are not licensed to practice interior design in the State of Florida and therefore cannot offer or provide interior design services. 24. Respondents are not licensed to practice interior design in the State of Florida and therefore cannot use the title interior designer. COUNT I 25. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty four (24) as if fully set forth herein. 26. 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.” - 27. 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 II 28. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty four (24) as if fully set forth herein, ) 29. 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.” 30. 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 31. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty _ four (24) as if fully set forth herein. . 32. 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. 33. 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 IV 34. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty four (24) as if fully set forth herein. 35. 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. 36. 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 V 37. Petitioner hereby realleges and incorporates paragraphs one (1) through twenty ‘four (24) as if fully set forth herein. 38. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 39. Based upon the foregoing, the Respondent, JRS Design, 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. .g’ Signed this s1* day of _. Merck , 2008. 4 SS 2d DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 241-0161 PCP: March 13, 2008 Rodriguez Wirtz Gustafson LED Department of Business and Prof; fessional | DEPUTY CLERK "ewan CLERK rh Alchyl) 3725-2008 DATE

Docket for Case No: 08-002475