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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs WENZEL GROVE DELINEATION, INC., AND CHRISTOPHER WENZEL, 08-006233 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-006233 Visitors: 18
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: WENZEL GROVE DELINEATION, INC., AND CHRISTOPHER WENZEL
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Dec. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 25, 2009.

Latest Update: Dec. 25, 2024
. STATE OF FLORIDA : hy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: % DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Ox (o 4A % BOARD OF ARCHITECTURE _AND INTERIOR DESIGN, Petitioner, vs. ‘ CASE NO.: 2008-019795 WENZEL GROVE DELINEATION, INC., AND CHRISTOPHER WENZEL, Respondents. _/ ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design agains) WENZEL GROVE DELINEATION, INC. and CHRISTOPHER WENZEL, (“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 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 513 Central Avenue, Suite 101, Sarasota, Florida 34236. EXHIBIT A 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes. 5. Respondents entered into a contract to provide-design- services for a commercial project known as Mediterranea Professional Park. 6. Respondents prepared drawings for the project. 7. Respondents were paid directly by the owners to provide design services for the commercial project. 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services for a commercial property. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. | 10. 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.” 11. 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 IT 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 14, Based upon the foregoing, the Respondent, Wenzel Grove Delineation, Inc., has violated Section 481.219(2), Florida Statutes, by offering architectural services without a . “+ -» -“gertificateof authorization. cee : ~ Ll eres 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. rs oe Signed this /Y day of _A/ourmbe — , 2008. aS 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: Rodriguez, Wirtz, Gustafson Oem! L F D November 13, 2008 a

Docket for Case No: 08-006233
Issue Date Proceedings
Feb. 25, 2009 Order Closing File. CASE CLOSED.
Feb. 25, 2009 Motion to Dismiss Formal Hearing filed.
Jan. 27, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 3, 2009; 9:30 a.m.; Tallahassee, FL).
Jan. 21, 2009 Petitioner`s Motion to Reschedule Hearing filed.
Jan. 13, 2009 Order Denying Petitioner`s Motion to Reschedule Hearing.
Jan. 13, 2009 Petitioner`s Motion to Reschedule Hearing filed.
Jan. 07, 2009 Order of Pre-hearing Instructions.
Jan. 07, 2009 Notice of Hearing (hearing set for February 18, 2009; 9:00 a.m.; Tallahassee, FL).
Jan. 07, 2009 Petitioner`s Response to Initial Order filed.
Dec. 16, 2008 Initial Order.
Dec. 16, 2008 Petitioner`s First Request for Production filed.
Dec. 16, 2008 Petitioner`s First Set of Interrogatories filed.
Dec. 16, 2008 Petitioner`s First Requests for Admission filed.
Dec. 16, 2008 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Dec. 16, 2008 Administrative Complaint filed.
Dec. 16, 2008 Answer to Administrative Complaint filed.
Dec. 16, 2008 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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