FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAY pate 10/47/2011 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2010-047394 MICHAEL W. FINCH, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner”), files this Administrative Complaint before the Board of Architecture and Interior Design against MICHAEL W. FINCH, (“Respondent”), 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 pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondent’s last known address is 13125 Wilcox Road, Unit 1102, Largo, FL 33774. 4. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. Filed November 15, 2011 3:07 PM Division of Administrative Hearings 5. Respondent entered into a contract to provide architectural services for a commercial project known as Café Soleil located at 1511 Gulf Blvd., Indian Rocks Beach, Florida. 6. Respondent prepared drawings for the project and his title block appears on the drawings. 7. Respondent held himself out as an architect. 8. Respondent is not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services for a commercial property. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. 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.” 11. Based upon the foregoing, Respondent has violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when he was not the holder of a valid license by offering architectural services for a commercial project. COUNT II 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. 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.” 14, Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when he was not the holder ofa valid license. 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. t" Signed this ¢4 _ dayof__Octebr— , 2011. 2 Sid & DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Colon, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: — (850) 402-1570 Fax: (850) 241-0161 . PCP: October 12, 2011 Rodriguez Wirtz Hall

Docket for Case No: 12-000629