Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: SOLANA ENTERPRISES, INC., VALRIE ROSEN, AND GERHARD PELZER
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Dec. 20, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 12, 2007.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA EG, 2
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DEPARTMENT OF BUSINESS AND . €
PROFESSIONAL REGULATION, - _
‘Petitioner, ; 0!) ig - > od i
vs. DBPR Case Nos.: 2006-005025
2006-005040
. ; 2006-005031
SOLANA ENTERPRISES, INC.,
VALRIE ROSEN AND
GERHARD PELZER,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against SOLANA ENTERPRISES, INC., VALRIE ROSEN AND. GERHARD PELZER
("Respondents"), 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. 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 20199 Markward Crossing, Estero, Florida
33928.
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 June 7, 2004, Respondents entered into a contract with Robert A.
Lee, Jr., to perform architectural services for office/retail space located 1925 S.W. Pine Island
Road, Cape Coral, Florida. .
6. On or about June 11, 2004, Respondents entered into a contract with Robert A.
- Lee, Jr., to perform architectural services for a 32-unit condominium located in, Cape Coral,
~ Florida. .
7. On or about June 11, 2004, Respondents entered into a contract with Robert A.
Lee, ht, to perform architectural services for a 14-unit condominium located in, Cape Coral,
Florida.
8. Throughout the contracts the Respondents are offering “architectural services” for
the three projects. |
9. Exhibit “B” of the contracts offer ‘Licensed Architectural Design Consultant” at
$100.00 per hour.
10. Respondents prepared drawings for the projects and their title block claims that
the Respondents are members of The American Institute of Architects.
11. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services or hold themselves out as architects.
COUNT I
12. Petitioner hereby realleges and incorporates paragraphs one rab) through eleven
(11) as if fully set forth herein.
13. 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.”
14. 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 to,provide architectural services for office/retail space.
COUNT tH
15. Petitioner hereby realleges and incorporates paragraphs one (1) through eleven
(11) as if fully set forth herein.
16. - 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.”
17. | Based upon the foregoing, Respondents have violated Section 48 1.223(1)(a),
Florida Statutes, by practicing architecture when they were not the holder of a valid license by
offering to provide architectural services for a 32-unit condominium.
COUNT II
18.’ Petitioner hereby realleges and incorporates paragraphs one (1) through eleven
(11) as if-fully set forth herein.
‘19, | 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.”
20. 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 to provide architectural services for a 14-unit condominium.
COUNT IV
21, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven’
(11) as if fully set forth herein.
22. 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.”
23. 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, .
COUNT V
24, Petitioner hereby realleges and incorporates paragraphs one (1) through eleven
(11) as if fully set forth herein.
25. Section 481.2192), Florida Statutes, requires a certificate of authorization for ae
corporation, partnership, or fictitious name offering architectural services. .
26. Based upon the foregoing, the Respondent, Solana Enterprises, Inc., 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 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. .
5 ott.
Signed this 227 dayof Oetelo— , 2006.
SNe me
DAVID K. MINACCI
Smith; Thompson, Shaw & Manausa, P.A.
2075 Centre Pointe Blvd.
Tallahassee, FL 32308-4893
FL Bar No. 0056774
“Ph: — (850) 402-1570
Fax: (850) 402-1508
PCP:
Docket for Case No: 06-005259
Issue Date |
Proceedings |
Apr. 23, 2007 |
(Respondent`s) Response to Motion for Final Order and Petition to Reinstate Jurisdiction filed.
|
Mar. 21, 2007 |
Notice of Service of Verified Answers to Interrogatories filed.
|
Mar. 15, 2007 |
Notice of Service of Unverified Answers to Interrogatories filed.
|
Mar. 15, 2007 |
Respondents` Response to Petitioner`s Request to Produce filed.
|
Mar. 15, 2007 |
Response to Request to Admit filed.
|
Mar. 15, 2007 |
Order (Petition to Reinstate Jurisdiction is denied for lack of jurisdiction).
|
Mar. 14, 2007 |
Response to Petition to Reinstate Jurisdiction filed.
|
Mar. 14, 2007 |
Petition to Reinstate Jurisdiction filed.
|
Mar. 12, 2007 |
Order Closing File. CASE CLOSED.
|
Mar. 12, 2007 |
Order Denying Motion to Compel.
|
Mar. 08, 2007 |
Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
|
Mar. 08, 2007 |
Motion to Compel Responses to Interrogatories and Requests for Production filed.
|
Feb. 07, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 23, 2007; 9:30 a.m.; Fort Myers, FL).
|
Feb. 02, 2007 |
Petitioner`s Amended Motion to Reschedule Hearing filed.
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Feb. 02, 2007 |
Joinder In Petitioner`s Motion to Reschedule Hearing filed.
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Jan. 31, 2007 |
Order Denying Petitioner`s Motion to Reschedule Hearing.
|
Jan. 26, 2007 |
Petitioner`s Motion to Reschedule Hearing filed.
|
Jan. 24, 2007 |
Order of Pre-hearing Instructions.
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Jan. 24, 2007 |
Notice of Hearing (hearing set for February 23, 2007; 9:30 a.m.; Fort Myers, FL).
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Jan. 03, 2007 |
Petitioner`s Response to Initial Order filed.
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Dec. 20, 2006 |
Notice of Filing Petitioner`s First Set of Interrogaotires, First Request for Production and Requests for Admission filed.
|
Dec. 20, 2006 |
Answer to Administrative Complaint filed.
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Dec. 20, 2006 |
Administrative Complaint filed.
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Dec. 20, 2006 |
Referral Letter filed.
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Dec. 20, 2006 |
Initial Order.
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Dec. 20, 2006 |
Notice of Filing Petitioner`s Answers to Respondent`s First Set of Interrogatories, First Requests for Production and Requests for Admission.
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