FILED Department. of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK —s vette Lawson-Proctor _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA T] pate 1214/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2012-032876 MARK D. SEFINER, AND MDS ARCHITECT, PC, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MARK. D. SEFINER. and MDS ARCHITECT, PC, (“Respondents”), and says: 1. Petitioner is the state agency charged with regulating the practice of architecture pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. 2. Respondents’ address of record is 39 W. 32" Street, Suite 1201, New York, NY 10001. 3. Respondent was previously a licensed architect in the State of Florida, having been issued license number AR 93159. 4. As of March [, 2009, Respondent's license was placed in a delinquent status for failing to renew. 5. As of March 1, 2011, Respondent’s license was placed in a null and void status for failing to renew, 6. On or about March 6, 2012, Respondents entered into a contract with WMS Sarasota, LLC to provide architectural services in the State of Florida. 7. Respondents were not licensed to practice architecture in the State of Florida on or about March 6, 2012, therefore Respondents could not offer or provide architectural services. 8. Respondent MDS Architect, P.C. does not have a certificate of authorization to offer or provide architectural services. . . 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)(f), Florida Statutes, prohibits a person from using or attempting to use an architect license that has been suspended, revoked, or placed on inactive or delinquent status. 11. Based upon the foregoing, the Respondent has violated Section 481.223(1)(f), Florida Statutes, by attempting to use his architect license while it was in a null and void status. COUNT 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. . 14, Based upon the foregoing, the Respondent, MDS Architect, P.C., has violated Section 481.219(2), Florida Statutes, by offering architectural services 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 snereuneff a Signed this 2” dayof_Decewthe— 2013. Sle DAVID K. MINACC] Smith, Thompson, Shaw, Minacci & Coldn, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: = (850) 402-1570 Fax: (850) 241-0161 davidm@stslaw.com -PCP: November 20, 2013 Hall Shore Costoya

Docket for Case No: 14-000016