Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: BRIAN J. COTE AND COTE ARCHITECTURAL DESIGNS
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: St. Augustine, Florida
Filed: Aug. 09, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 24, 2007.
Latest Update: Jan. 03, 2025
AD}, vr, Atty, |
Wy ily
STATE OF FLORIDA
‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATOR Vee in We
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' DEPARTMENT OF BUSINESS AND .
PROFESSIONAL REGULATION, a 7. A>(o() eb
Petitioner, |
vs. ; Case No.: 2007-006857
BRIAN COTE AND ;
COTE ARCHITECTURAL DESIGNS,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against BRIAN COTE and COTE ARCHITECTURAL DESIGNS, ("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 pursuant to Section 455.228(1), and Section 481.223(1)(a),
Florida Statutes.
3. At all times material hereto, Respondents were not duly registered or certified to
engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida
Statutes.
4. Respondents’ last known address is 13500 Sutton Park Drive South, Suite 301,
- Jacksonville, Florida 32224. .
5. Respondents entered into a contract with Art Lancaster (“Lancaster”) to perform
architectural services for a commercial project located at 13361 Atlantic Blvd., Jacksonville,
Florida.
6. Respondents prepared the drawings for the Lancaster project.
7. Onor about January 26, 2007, Respondents gave a representative from the City of
Jacksonville Building Department a business card which offered services as Cote Architectural
’ Designs.
8. Respondents” sign at its place of business is offering services as Cote
Architectural Designs. .
9. Respondent is not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services.
COUNT I
10. | Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8)
: as if fully set forth herein.
ll." 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.”
12. 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
13. Petitioner hereby realleges and incorporates pamgrphs one (1) through eight (8)
as if fully set forth herein.
14. Section 481.223(1)(c), Florida Statutes; states that a person may not knowingly Muse
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.” ;
15. Based upon the foregoing, the Respondents have violated Section 48 1.223(1)(c),
Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid
license.
COUNT Tit
16.. Petitioner hereby realleges and i incorporates paragraphs one (1) through eight ® .
as if fully set forth herein.
17. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a
corporation, partnership, or fictitious name offering architectural services.
18. Based upon the foregoing, the Respondent, Cote Architectural Designs, 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.
iny .
Signedthis_ 24° dayof_ Me ¥ __, 2007.
iA ee
DAVID K. MINACCI -
Smith, Thompson, Shaw & Manausa, P.A.
3520 Thomasville Road, Fourth Floor
Tallahassee, FL 32309
FL Bar No. 0056774
Ph: (850) 402-1570
Fax: (850) 558-1613
.
PCP:
Docket for Case No: 07-003606
Issue Date |
Proceedings |
Sep. 24, 2007 |
Order Closing File. CASE CLOSED.
|
Sep. 18, 2007 |
Motion to Dismiss Formal Hearing filed.
|
Sep. 11, 2007 |
Notice of Hearing (hearing set for October 18, 2007; 10:30 a.m.; St. Augustine, FL).
|
Aug. 16, 2007 |
Petitioner`s Response to Initial Order filed.
|
Aug. 09, 2007 |
Notice of Filing Petitioner`s First Set of Interrogatories, First Request for Production and Requests for Admission filed.
|
Aug. 09, 2007 |
Answer of Brian J. Cote filed.
|
Aug. 09, 2007 |
Election of Rights filed.
|
Aug. 09, 2007 |
Administrative Complaint filed.
|
Aug. 09, 2007 |
Referral Letter filed.
|
Aug. 09, 2007 |
Initial Order.
|