- STATE OF FLORIDA “he is a 5 DEPART MENT OF BUSINESS AND PROFESSIONAL eG Laion * “oe ~e DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE & INTERIOR DESIGN, Petitioner, vs. DBPR Case No.: 2007-022054 RICHARD ROESER AND, BUILDING DESIGN. SERVICES, INC. Respondents. / ADMINISTRATIVE COMPLAINT _ Petitioner, DEPARTMENT OF BUSINESS AND. PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against RICHARD ROESER and BUILDING DESIGN SERVICES, INC. ("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 455.227(1)(j), Florida ' Statutes. 3. Respondent’s last known address is 2611 Sherman Street, Hollywood, FL 33020. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. On or about June 8, 2006, Respondents entered into a contract with Naomi Malka to perform architectural services for a project located at-5844 Arthur Street, Hollywood, Florida. 6. The contract specifically states that Respondents will provide “professional architectural” services. 7. On or about June 8, 2006, Respondents entered into a contract with Naomi Malka to perform architectural services for a project located at 5842 Arthur Street, Hollywood, Florida. 8. The contract specifically states that Respondents will provide -“professional archi tectural” services, 9. On or about June 9, 2006, Respondents entered into a contract with Naomi Malka to perform architectural services fora project located at 3401 S. Longfellow Circle, Hollywood, Florida. . 10. The contract specifically states that Respondents will provide “professional architectural” services. | 11. On or about July 12, 2006, Respondents filed a claim of lien for “architectural design drawings” for the project. | 12. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. COUNT I 13. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) 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 person is an architect or a registered architect.” 15. 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. COUNTH 16. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. , 17. 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.” 18. Based upon the foregoing, the Respondents have violated Section 48] -223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid . license. COUNT I 19. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. . . | 20. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 4 21. Based upon the foregoing, the Respondent, Building Design Services, 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. . Signed this 7 4*~ dayof_ Maeceh , 2008. DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. _3520 Thomasville Road, Fourth Floor Tallahassee, FL 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 241-0161 PCP: March 13, 2008 : Rodriguez Wirtz Gustafson FILED ’ Regulation Department of Business and Professia nat DEPUTY CLERK

Docket for Case No: 08-003869