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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs MICHEL RODRIGUEZ, 11-005636 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-005636 Visitors: 80
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.
Source:  Florida - Division of Administrative Hearings

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