FILED Department of Business and Prafessionai Regulation I Y 7 AGENCY CLERK | () a CLERK Evette L Proctor Date 5/26/2010 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2008-049836 JOY A. VANNICE AND, JOY’S CREATIVE INTERIOR DESIGNS, 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 JOY A. VANNICE and JOY’S CREATIVE INTERIOR DESIGNS, INC., (“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, Joy A. Vannice is, and has been at all times material hereto, a licensed interior designer in the State of F lorida, having been issued license number ID } 2920. 3. Respondents’ address of record is 2211 North Orange Avenue, Orlando, FI. 32804. EXHIBIT A 4. Respondents’ entered into an interior design contract with Lester and Nannette Austin (“Austin”) to perform interior design services for a residential remodeling project located at 241 N. Dillard Street, Winter Garden, Florida. 5. Respondents entered into an interior design contract with Aimee Eckenrode- Harris (“Harris”)to perform interior design for a remodeling project of her condominium. 6. On both projects, the contracts were verbal and did not clearly determine the scope and nature of the project and the method of compensation. 7. Respondent Joy’s Creative Interior Designs, Inc., does not have a certificate of authorization and therefore cannot enter into a contract for interior design services. 8. On the Austin project, the Respondents failed to obtain a building permit as required by the local jurisdiction. 9. On both projects, Respondents contracted to perform electrical and plumbing services on behalf of Austin and Harris. 10. Respondents are not licensed to perform electrical and plumbing services and therefore cannot contract for such services. I]. On both projects, the Respondents overcharged Harris and Austin for materials. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through cleven (11) as if fully set forth herein. 13. Section 481.2251(1)(h), Florida Statutes states that disciplinary action may be taken for making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state of federal law, or willfully impeding or obstructing such filing or inducing another person to do so. 14, Based upon the foregoing, Respondents have violated Section 481.225] (1)(h), Florida Statutes by failing to file for a building permit on the Austin and project. COUNT II 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein, 16, Section 481.2131(2), Florida Statutes, requires an interior designer, “before entering into a contract, verbal or written, clearly determine the scope and nature of the project and the method of compensation.” 17. Section 481.2251(1)(g), Florida Statutes states that disciplinary action may be taken for failing to perform any statutory or legal obligation placed upon a registered interior designer. 18. Based upon the foregoing, Respondents have violated Section 481.2251 (1G), Florida Statutes, by failing to clarify the scope and nature of the project and the method of compensation, COUNT I] 19, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (1!) as if fully set forth herein. 20. 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, 21. 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 on the Austin and Hill projects by overcharging for materials. COUNT IV 22, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven (11) as if fully set forth herein, 23, Section 481.2251(1)(j), 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. 24. Based upon the foregoing, Respondents have violated Section 481 .2251(1)G), Florida Statutes by providing electrical and plumbing contracting services which they are not licensed to perform. COUNT V 25. Petitioner hereby realleges and incorporates paragraphs one (1) through cleven (11) as if fully set forth herein, 26. 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. 27, Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior desi gn services through Joy’s Creative Interior Designs, Inc., 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. rh Signed this 24 dayof “4 “7 , 2010. ee) 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: May 12, 2010 Rodriguez, Wirtz, Gustafson

Docket for Case No: 10-007147