FILED

Dep-artmeot of 6u::;ioe15 and Professional Regulation

Deputy Agency Clerk

CLERK Evette Lawson-Proctor Date 2/25/2011

File#

STArEOF FLORIDA

DEPART1v1ENT or BusrNE s 1 ,n:1hioFEss10NAL REGULATION

DEPARTMENT OF BUSINESS Al'g"fl PROFESSIONAL REGULATION,

BOARD OF ARCHITECTURE

; ,, L

AND INTERIOR DESIGN, ;·.,::-

Petitioner,

VS. CASE NO.: 2009-049067

TERRA MAR CONSTRUCT[ ON, INC., AND SHARMA BOBOOLAL,

Respondents.

_,:/

ADMINISTRt\ TIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against TERRA MAR CONSTRUCTION, INC. and SHARMA BOBOOLAL,

("Respondents"), and says:

I. 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.

1. 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( I )(a), Florida Statutes.

2. Respondents' last known address 1s 6856 SW 22nd Street, Miramar, Florida

   
   

   '.33023.

   
   

   
   

3. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes.

4. Respondents entered into a contract \Vith Roxie Gaines to provide architectural services at a residence located at 14720 Pierce Street, Miami, Florida.

5. The contract specifically states that Respondents will provide Architect Plans.

   
   

6. Respondents are not licensed to provide architectural services in the State of Florida and therefore cannot offer or provide architect plans.

   COUNT I

   
   

7. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein.

8. Section 481.223(l)(a), Florida Statutes, states that a person may not knowingly practice architecture unless the person is a registered architect.

l 0. Based upon the foregoing, the Respondents have violated Section 48 l.223( I )(a),

Florida Statutes, by offering architectural when they were not a registered architect.

COUNT II

1. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (7)

   
   

   as if fully set forth herein.

   
   

2. 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."

   I 3. 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 III

   
   

   l 4. Petitioner hereby realleges and incorporates paragraphs one ( l) through seven (7) as if fully set forth herein.

   1. Section 481.219(2), Florida Stntutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services.

   2. Based upon the foregoing, Respondents have violated Section 481.219(2), Florida Statutes, by offering architectural services through Terra Mar Construction, 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 relieftlrnt the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder.

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Signed this ;;2.J"'j day of ;::-., I,,,,. ... c...,.-f , 2011.

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PCP: February 16, 2011

Rodriguez, Wirtz, Gustafson

DAVID K. M1NACCI

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

Docket for Case No: 11-004400