Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: MICHEL RODRIGUEZ
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 02, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 6, 2011.
Latest Update: Dec. 24, 2024
FILED
Department of Business and Professional Regutation
Deputy Agency Clerk
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA
CLERK Evette Lawson-Proctor
Date 10/47/2041
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
VS. CASE NO.: 2011-009347
MICHEL RODRIGUEZ,
Respondent.
!
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against MICHEL RODRIGUEZ, ("Respondent"), and says:
lL. 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. Respondent’s last known address is 14132 SW 129% Court, Miami, Florida
33186.
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.
Filed November 2, 2011 10:53 AM Division of Administrative Hearings
5. C-n-D Architectural, Inc. (C-n-D) entered into a contract to provide architectural
services for a project known as The Floridian Condominium located at 650 West Avenue, Miami
Beach, Florida.
6. At all times material hereto, C-n-D was not duly registered or certified to engage
in the practice of architecture pursuant to Chapter 481, Florida Statutes.
7, C-n-D prepared architectural drawings for the project.
8. C-n-D’s title block was on the drawings offering architectural services.
9. C-n-D received compensation for providing architectural drawings for the project.
10. C-n-D is not licensed in the State of Florida to practice architecture and therefore
cannot offer or provide such services.
11. Respondent, a Florida licensed Professional Engineer, signed and sealed the
drawings prepared by C-n-D 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 455.227(1)G), Florida
Statutes, by assisting C-n-D in its 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.
rs
Signed this /% dayof__Qetebr— 2011.
DAVID K. MINACCI
Smith, Thompson, Shaw,
Minacci & Colon, P.A.
3520 Thomasville Road, Fourth Floor
Tallahassee, Florida 32309
FL Bar No. 0056774
Ph: — (850) 402-1570
Fax: (850) 241-0161
PCP: October 12, 2011
Rodriguez
Wirtz
Hall
Docket for Case No: 11-005636
Issue Date |
Proceedings |
Dec. 06, 2011 |
Order Closing File. CASE CLOSED.
|
Dec. 05, 2011 |
Motion to Dismiss filed.
|
Nov. 30, 2011 |
Order Denying Continuance of Final Hearing.
|
Nov. 29, 2011 |
Unopposed Motion to Continue filed.
|
Nov. 09, 2011 |
Unilateral Response to Initial Order filed.
|
Nov. 09, 2011 |
Order of Pre-hearing Instructions.
|
Nov. 09, 2011 |
Notice of Hearing by Video Teleconference (hearing set for December 15, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
|
Nov. 08, 2011 |
Unilateral Response to Initial Order filed.
|
Nov. 04, 2011 |
Order on Respondent`s Motion to Dismiss.
|
Nov. 02, 2011 |
Initial Order.
|
Nov. 02, 2011 |
Response to Motion to Dismiss Petitioner's Administrative Complaint filed.
|
Nov. 02, 2011 |
Motion to Dismiss filed.
|
Nov. 02, 2011 |
Referral Letter filed.
|
Nov. 02, 2011 |
Petition for Formal Administrative Hearing and Evidentiary Hearing filed.
|
Nov. 02, 2011 |
Administrative Complaint filed.
|