Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: THOMAS E. AUDIT
Judges: ELLA JANE P. DAVIS
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Aug. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 29, 2007.
Latest Update: Dec. 24, 2024
07-2 15h
STATE OF FLORIDA “ /
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL é WON
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. DBPR Case No.: 2006-038321
THOMASE.AUDIT, a a a
Respondent. .
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against THOMAS E. AUDIT, (“Respondent”), 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 The Department of Business and Professional Regulation has jurisdiction over the
unlicensed practice of architecture and interior design pursuant to Section 455.228( ), and ~
- Section 481.223()@), Florida Statutes. | a
3. Respondent’s last known address is P.O. Box 562, Alachua, Florida 32616.
4. ‘At all times material hereto, Respondent was not duly registered or certified to
engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida
Statutes.
5. John J Strickland (“Strickland”) entered into a contract with Charles J. Spidell to
provide architectural services for a church located in Lacrosse, Florida.
6. -Atall times material hereto, Strickland was not duly. registered or certified to
engage in the practice of architecture pursuant to Chapter 481, F lorida Statutes.
7. Strickland prepared architectural drawings for the project.
8. Strickland’s title block on the drawings uses the title architect.
9. Strickland received compensation for providing architectural drawings for the |
project.
10. Strickland is not licensed in the State of Florida to practice architecture and
therefore cannot offer or provide such services or use the title architect. .
11. | Onor about September 21, 1998, Respondent, a Florida licensed Professional _
. Engineer, signed and sealed the drawings prepared by Strickland for the purposes of obtaining a.
building permit.
12. 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.
_ 13. . Based upon the foregoing, Respondent has violated Section 455. 27(1)G), Florida
Statutes, by assisting Strickland in his performance of unlicensed activity contrary to Chapter —
~ 481, Florida Statutes. ~
. 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.
—_ *
Signedthis 27 dayof_octebe— «2006.
DAVIDK.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:
OCT 2 3.2006
Docket for Case No: 07-003758
Issue Date |
Proceedings |
Oct. 29, 2007 |
Order Closing File. CASE CLOSED.
|
Oct. 25, 2007 |
Notice of Appearance (filed by M. Fraser).
|
Oct. 18, 2007 |
Motion to Dismiss Formal Hearing filed.
|
Oct. 16, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 10, 2007; 1:00 p.m.; Gainesville, FL).
|
Oct. 15, 2007 |
Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed. |
Oct. 04, 2007 |
Notice of Taking Deposition filed.
|
Oct. 03, 2007 |
Petitioner`s Motion to Reschedule Hearing filed.
|
Sep. 26, 2007 |
Amended Notice of Hearing (hearing set for November 9, 2007; 10:00 a.m.; Gainesville, FL; amended as to Date and Location).
|
Sep. 11, 2007 |
Notice of Hearing (hearing set for October 29, 2007; 10:00 a.m.; Gainesville, FL).
|
Sep. 11, 2007 |
Order of Pre-hearing Instructions.
|
Aug. 21, 2007 |
Initial Order.
|
Aug. 20, 2007 |
Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Aug. 20, 2007 |
Request for Administrative Hearing filed.
|
Aug. 20, 2007 |
Administrative Complaint filed.
|
Aug. 20, 2007 |
Referral Letter filed.
|