Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: RICHARD ROESER AND BUILDING DESIGN SERVICES, INC.
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Aug. 08, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 25, 2008.
Latest Update: Nov. 11, 2024
- STATE OF FLORIDA “he is a 5
DEPART MENT OF BUSINESS AND PROFESSIONAL eG Laion * “oe
~e
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE &
INTERIOR DESIGN,
Petitioner,
vs. DBPR Case No.: 2007-022054
RICHARD ROESER AND,
BUILDING DESIGN. SERVICES, INC.
Respondents.
/
ADMINISTRATIVE COMPLAINT
_ Petitioner, DEPARTMENT OF BUSINESS AND. PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against RICHARD ROESER and BUILDING DESIGN SERVICES, INC.
("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 and interior design pursuant to Section 455.227(1)(j), Florida
' Statutes.
3. Respondent’s last known address is 2611 Sherman Street, Hollywood, FL 33020.
4. 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.
5. On or about June 8, 2006, Respondents entered into a contract with Naomi Malka
to perform architectural services for a project located at-5844 Arthur Street, Hollywood, Florida.
6. The contract specifically states that Respondents will provide “professional
architectural” services.
7. On or about June 8, 2006, Respondents entered into a contract with Naomi Malka
to perform architectural services for a project located at 5842 Arthur Street, Hollywood, Florida.
8. The contract specifically states that Respondents will provide -“professional
archi tectural” services,
9. On or about June 9, 2006, Respondents entered into a contract with Naomi Malka
to perform architectural services fora project located at 3401 S. Longfellow Circle, Hollywood,
Florida. .
10. The contract specifically states that Respondents will provide “professional
architectural” services. |
11. On or about July 12, 2006, Respondents filed a claim of lien for “architectural
design drawings” for the project. |
12. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services.
COUNT I
13. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve
(12) as if fully set forth herein.
. 14. . 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.”
15. 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.
COUNTH
16. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve
(12) as if fully set forth herein.
, 17. 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.”
18. Based upon the foregoing, the Respondents have violated Section 48] -223(1)(c),
Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid
.
license.
COUNT I
19. Petitioner hereby realleges and incorporates paragraphs one (1) through twelve
(12) as if fully set forth herein. . . |
20. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a
corporation, partnership, or fictitious name offering architectural services.
4 21. Based upon the foregoing, the Respondent, Building Design Services, 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.
.
Signed this 7 4*~ dayof_ Maeceh , 2008.
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) 241-0161
PCP: March 13, 2008
: Rodriguez
Wirtz
Gustafson
FILED
’ Regulation
Department of Business and Professia nat
DEPUTY CLERK
Docket for Case No: 08-003869
Issue Date |
Proceedings |
Sep. 25, 2008 |
Order Closing File. CASE CLOSED.
|
Sep. 23, 2008 |
Motion to Dismiss Formal Hearing filed.
|
Aug. 18, 2008 |
Notice of Hearing by Video Teleconference (hearing set for October 6, 2008; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Aug. 12, 2008 |
Petitioner`s Response to Initial Order filed.
|
Aug. 08, 2008 |
Initial Order.
|
Aug. 08, 2008 |
Notice of Filing Petitioner`s Answers to Respondent`s First Set of Interrogatories and Response to Respondent`s First Request for Production filed.
|
Aug. 08, 2008 |
Administrative Complaint filed.
|
Aug. 08, 2008 |
Election of Rights filed.
|
Aug. 08, 2008 |
Referral Letter filed.
|