FILED Department of Business and Professional Regulation Oeputy Agency Clerk CLERK Brandon Nichols Date 8/13/2009 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, of ut %y Ae DEPARTMENT OF BUSINESS AND Ay Or @, SO PROFESSIONAL REGULATION, Gy os y BOARD OF ARCHITECTURE . Y 44 1 “Lissa, Vy, AND INTERIOR DESIGN, Ayes in 7 sy, P ae Petitioner, vs. CASE NO.: 2009-005445 RUSSELL G. BRABEC, AND DESIGN & MORE, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against RUSSELL G. BRABEC and DESIGN & MORE, ("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. Respondent, Russell G. Brabec, is and has been at all times material hereto, a licensed interior designer in the State of Florida, having been issued license number ID 3406. 3. Respondent’s address of record is 2079 Cynthia Drive, Tallahassee, FL 32303. 4. Peter M. Marocco (“Marocco”) owns two properties in Tallahassee, Florida, a condominium and residence located on Andrew Jackson way. 5. Respondents performed interior design services on each property without the authorization of Marocco. 6. Respondents failed to define the scope of work to be performed on the properties owned by Morocco. 7. Respondents failed to disclose their method of compensation for the performance of interior design services on the properties owned by Morocco. 8. In it performance of its services on these properties, Respondents entered into contracts for electrical and plumbing work on behalf of Morocco. 9. Respondents are licensed to perform electrical and plumbing services and therefore cannot enter into such clients on behalf of Morocco. 10. Respondents are offering interior design services through a business entity without a certificate of authorization. COUNT I 11. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 481.2131(2), Florida Statutes, requires an interior designer to clearly determine the scope and nature of the project and method of compensation. 13. Based upon the foregoing, Respondents have violated Section 481.2131(2), Florida Statutes by providing failing to clearly determine the scope of the project and method of payment for the Morocco project. . COUNT II 14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. Section 481.2251(1)G), Florida Statutes, prohibits a licensed interior designer from accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent or licensed to perform. 16. Based upon the foregoing, Respondents have violated Section 481.2251(1)(j), Florida Statutes by providing electrical and plumbing contracting services which they are not licensed to perform. COUNT III 17. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 18. Section 481.2251(1)(0), Florida Statutes, states that disciplinary action may be taken for committing an act of fraud of deceit, or of negligence, in competency, or misconduct in the practice of interior design. 19, Based upon the foregoing, Respondents have violated Section 481.2251(1)(0), Florida Statutes by providing services that do not conform to acceptable standards of interior design practice. COUNT IV 20. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 21. 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. 22. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior design services through Design & More, without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing one or more of the following penalties: Imposition of probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per count, require continuing education, 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 sat day of Ae g2s + , 2009. > sf) Ve er 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: July 29, 2009 Rodriguez Wirtz Gustafson

Docket for Case No: 09-004999