Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: VICTOR SECONDO ESCALONA
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Aug. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 5, 2007.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, e | . oul 54
vs. Case No.: 2006-063807
VICTOR SECONDO ESCALONA, |
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against VICTOR SECONDO ESCALONA, (“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(1), and
Section 481.223(1)(a), Florida Statutes.
3. Respondent’s last known address is 12218 S.W. 16" Terrace, D-105, Miami,
Florida 33175.
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. On or about February 1, 2006, Respondent entered into a contract with Otalora
Construction Solutions, LLC., to provide architectural services for a project located 9932 SW
154 Street, Miami, Florida 33157.
6. The contract specifically states that Respondent will provide professional services
necessary to complete architectural plans.
7. Respondent was paid $2,160.00 to provide services for the above referenced
project but never completed the plans.
8. Respondent is not licensed to practice architecture in the State of Florida and
therefore cannot contract to provide architectural plans.
9. 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.”
10. Based upon the foregoing, Respondent has violated Section 481.223(1)(a), Florida
Statutes, by practicing architecture when he was not the holder of a valid license by offering
architectural services.
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.
Me
te
Signedthis 2? dayof Mere , 2007.
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v
DF
DAVID K. MINACCI
Smith, Thompson, Shaw & Manausa, P.A.
3520 Thomasville Road, Fourth Floor
Tallahassee, Florida 32309
FL Bar No. 0056774
Ph: (850) 402-1570
Fax: (850) 558-1613
PCP: 3/26/07
Rodriguez
Wirtz
Hall
Docket for Case No: 07-003759
Issue Date |
Proceedings |
Oct. 05, 2007 |
Order Closing File. CASE CLOSED.
|
Oct. 04, 2007 |
Motion to Dismiss Formal Hearing filed.
|
Sep. 28, 2007 |
Order to Show Cause. (Hearing canceled; Respondent`s response due 10/15/07).
|
Sep. 27, 2007 |
Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
|
Sep. 27, 2007 |
Motion to Compel Responses to Interrogatories and Requests for Production filed.
|
Sep. 24, 2007 |
Notice of Taking Deposition filed.
|
Sep. 05, 2007 |
Order of Pre-hearing Instructions.
|
Sep. 05, 2007 |
Notice of Hearing (hearing set for October 12, 2007; 9:00 a.m.; Miami, FL).
|
Aug. 29, 2007 |
Petitioner`s Response to Initial Order filed.
|
Aug. 22, 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 |
Election of Rights filed.
|
Aug. 20, 2007 |
Administrative Complaint filed.
|
Aug. 20, 2007 |
Referral Letter filed.
|