FILED Oepartment of Business and Professional Reputation Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT 7128/2014 # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2013-021186 MCHARRIS PLANNING & DESIGN, AND JOSEPH M. MCHARRIS, Respondents. / eee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MCHARRIS PLANNING & DESIGN and JOSEPH M. MCHARRIS, (“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 11338 Bonita Beach Road, #103, Bonita Springs, FL 34135. 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. Respondents’ web site is offering architectural services. 6. Respondents’ web site is offering commercial design services. 7. Respondents’ web site claims to have provided design services for the following commercial projects: a. Snookbight Marina b. Fort Meyers Beach Florida Rezone c. Heritage Harbor Marina d. Wiggins Pass Crossing Commercial Plaza e. Sea Fares Inn Design Concepts f. Light House Resort Site Plan and Design Concepts g. Sudgen Park Plaza 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services for a commercial property. | COUNT 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, Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering architectural services. COUNT 11 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 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, . 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. ar Signedthis_@/ dayof__ ul ¥ 2014. “SS Pa DAVID K. MINACCI 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: July 14, 2014 Rodriguez Shore Costoya wers

Docket for Case No: 14-005648