FILED Department of Business and Professional Reputation Deputy Agency Clerk CLERK Evette Lawson-Proctor Date 2/25/2011 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2010-010549 VERGEL’S CONSTRUCTION, INC., AND MARISELA DURAN, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against VERGEL’S CONSTRUCTION, INC. and MARISELA DURAN, 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 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 13577. SW 26" Street, Miami, Florida 331775. Filed September 1, 2011 3:42 PM Division of Administrative Hearings 4, 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. 5. On or about March 16, 2009, Respondents contracted with Dinga Zarran to provide architectural services for a project located at 8921 SW 214 Street, Miami, Florida. 6. The contract specifically states that Respondents will provide architectural plans. 7. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural plans. COUNT I 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly practice architecture unless the person is a registered architect. 10. Based upon the foregoing, the Respondents have violated Section 481.223(1)(a), Florida Statutes, by offering architectural services when they were not a registered architect. COUNT II 1. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 12. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 13, Based upon the foregoing, Respondents have violated Section 481.219(2), Florida Statutes, by offering architectural services through Vergel’s 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 relief that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. J Signed this 92°" dayof_ Febpecoar y 2011. Sad 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: February 16, 2011 Rodriguez, Wirtz, Gustafson

Docket for Case No: 11-004458