[FILED __] Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] (Givi aun rrocer File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.; 2014-014938 JOSEPH M. MARCIAL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JOSEPH M. MARCIAL, ("Respondent"), and says: lL. 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. Respondent, is and has been at all times material hereto,.a licensed architect in the State of Florida, having been issued license number AR 15565. 3. Respondent’s address of record is 249 Abbeyville Street, Deltona, FL, 32725. 4. Omega Construction Enterprises, Inc. and Omega Design Architecture (“Omega”) are not licensed to practice architecture in the State of Florida. 5. Respondent is allegedly the qualifier and architect in responsible supervisory control of Omega. 6. Respondent was not an officer or director of Omega nor was he listed on the firm’s web site until prompted by Petitioner’s investigations. 7. Respondent aided and assisted Omega in the unlicensed practice of architecture. 8. Section 455.227(1)(), Florida Statutes, prohibits aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. 9. Based upon the foregoing, Respondent have violated Section 455.227(1)Q), Florida Statutes, by assisting Omega in the practice of architecture contrary to Chapter 481, Florida Statutes. 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 toa 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 thereunder. : La Signed this Jot day of __AJovimbr , 2014, S37 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 davidm@stslaw.com PCP: October 29, 2014 Shore Toppe Rivers

Docket for Case No: 15-000660PL