STATE OF FLORIDA mene DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIQN DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, O32 \\ ) ‘BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. Case No.: 2007-068978 HIRSCH BEDNER & ASSOCIATES AND HOWARD PHARR, Respondents. / : ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against HIRSCH BEDNER & ASSOCIATES AND HOWARD PHARR ("Respondents"), and says: 1. Petitioner is the state agency charged with regulating the practice of 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 909 Peachtree Street, Atlanta, Georgia 30309. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of interior design pursuant to Chapter 481, Florida Statutes. EXHIBIT A 5. Respondents prepared a proposal to provide interior design services for the Riverside Hotel in Fort Lauderdale, Florida. 6. The document is titled “Proposal for Interior Design Services”. 7. The contract specifically states that Respondents will provide interior design services. 8. Respondents are not licensed to practice interior design in the State of Florida and therefore cannot offer or provide such services. 9. Respondents are offering such services through a business entity without a certificate of authorization. COUNT I 10. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. | OIL. 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. 12. 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 13. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14. 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. 15. 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 ofa valid license. COUNT Hl 16. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9) 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 Hirsch Bedner & Associates, 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. . wh . Signed this 7 dayof_ “Va yy, , 2008. FILED ee) ee Department of Business and Professional Regulation DAVID K. MINACCI DEPUTY CLERK _ Smith, Thompson, Shaw & Manausa, P.A. . 3520 Thomasville Road, Fourth Floor cuemerandmt Mechel Tallahassee, Florida 32309 5- 14-2008 FL Bar No. 0056774 DATE Ph: (850) 402-1570 Fax: (850) 241-0161 pcp: Niay 5, OCF Se= CoslPaorn

Docket for Case No: 08-003112