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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs DESIGNS AND PERMIT DRAWINGS, LTD., CO., AND DAVID RANDALL YOUNG, 09-006989 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-006989 Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: DESIGNS AND PERMIT DRAWINGS, LTD., CO., AND DAVID RANDALL YOUNG
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: Dec. 23, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 2, 2010.

Latest Update: Sep. 30, 2024
FILED Deparunent of Business ano Professionat Recut: Beputy Agency Clerk CLERK Grandon Nichols Date 11/16/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, D 4 . (al X47 Petitioner, vs. CASE NO.: 2009-042909. DESIGNS & PERMIT DRAWINGS LTD CO., AND DAVID RANDALL YOUNG, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DESIGNS & PERMIT DRAWINGS LTD CO. and DAVID RANDALL YOUNG, (“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 904 Richards Avenuc, Clearwater, Florida 33755. 4. At all times material hereto, Respondents were not duly registered or certificd to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. Respondents are offering commercial design services in a print advertisement. 6. The advertisement further offers permit ready drawings. 7. Respondents are offering these services through a business entity without a certificate of authorization. 8. Respondents are not licensed to practice architccture in the State of Florida and therefore cannot offer or provide commercial! design services. COUNTI 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.” ll. 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 II 12. Petitioner hereby rcalleges and incorporates paragraphs one (1) through cight (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, Designs & Permit Drawings LTD Co. 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 2% J dayof_ A/ourmbe — » 2009. DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 3520 Thomasville Road, Iourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 241-0161 PCP: October 27, 2009 Rodriguez, Gustafson

Docket for Case No: 09-006989
Issue Date Proceedings
Feb. 02, 2010 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Feb. 01, 2010 CASE STATUS: Motion Hearing Held.
Feb. 01, 2010 Motion to Continue Formal Hearing filed.
Feb. 01, 2010 Motion to Quash Findings and Facts and Conclusion of Law DOAH Case No. 03-0489 Department of Business and Professional Regulation, Board of Architecture and Interior Design, Petitioner, vs. Lee Mabire and Lee Mabire Company, Responsdent filed.
Jan. 28, 2010 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Jan. 28, 2010 Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Jan. 27, 2010 Notice of Transfer.
Jan. 26, 2010 Petitioner's Witness and Exhibit List (exhibits not attached) filed.
Jan. 25, 2010 Respondent's Case to Dismiss Charges filed.
Jan. 25, 2010 Amended Notice of Hearing by Video Teleconference (hearing set for February 5, 2010; 9:30 a.m.; St. Petersburg and Tallahassee, FL; amended as to change to video and location of hearing).
Jan. 25, 2010 Notice of Filing (Respondent's Case to Dismiss Charges) filed.
Jan. 19, 2010 Notice of Taking Deposition (of D. Young) filed.
Jan. 07, 2010 Order of Pre-hearing Instructions.
Jan. 07, 2010 Notice of Hearing (hearing set for February 5, 2010; 9:30 a.m.; Clearwater, FL).
Jan. 05, 2010 Petitioner's Response to Initial Order filed.
Dec. 29, 2009 Initial Order Response Paragraph 2 filed.
Dec. 28, 2009 Question Regarding Procedure filed.
Dec. 23, 2009 Initial Order.
Dec. 23, 2009 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Dec. 23, 2009 Election of Rights filed.
Dec. 23, 2009 Administrative Complaint filed.
Dec. 23, 2009 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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