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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs THOMAS E. AUDIT, 07-003758 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003758 Visitors: 16
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.
Source:  Florida - Division of Administrative Hearings

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