FILED

Oopartmeot -01 Busine'fi tmd Profc sio.nal Regulation

Deputy Agency Clerk

CLERK Evette Lawson-Proctor

1 DB.te 2/14/2012

File#

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REG ULA _

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE

AND INTERIOR DESIGN,

Petitioner,

vs. CASE NO.: 2011-004080

ADELSON RAMOS AND,

ARCHITECTURAL DESIGN & ASSOCIATES, INC.,

Respondents.

                                                                 I

ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSfNESS AND PROFESSIONAL REGULATION,

("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ADELSON RAMOS and ARCHITECTURAL DESIGN & ASSOICATES, 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 455.228( I), and Section 481.223(1)(a), Florida Statutes.

3. Respondents' last known address 1s 929 Ridgewood Avenue, Holly Hill, FL

   
   

   32117.

   
   

   Filed March 14, 2012 11:50 AM Division of Administrative Hearings

4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Fiorida Statutes.

5. Respondents are doing business as Architectural Design & Associates, Inc.

   
   

6. Respondents are not licensed to practice architecture in the State of Florida and

   
   

   therefore cannot offer or provide architectural services.

   
   

7. Respondents are offering architectural services through a corporation without a certificate of authorization.

8. The Respondent is using the title architect.

   
   

9. The Respondent is not licensed to practice architecture in the State of Florida and

   
   

   therefore cannot use the title architect.

   
   

   COUNT I

   
   

10. Petitioner hereby realleges and incorporates paragraphs one (I) through nine (9) as if fully set forth herein.

11. 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."

12. 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

    
    

13. Petitioner hereby rcallcges and incorporates paragraphs one (l) through nine (9) as if fully set forth herein.

14. Section 481.223( l )(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.'

15. Based upon the foregoing, the Respondents have violated Section 48 l.223(1 )(c): Florida Statutes, by using the name or title "architecC', when they vvere not the holder of a valid license.

    COUNTIII

    
    

16. Petitioner hereby realleges and incorporates paragraphs one (1) through nine (9)

    
    

    as if fully set forth herein.

    
    

17. Section 481.219(2), Florida Statutes) requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services.

18. Based upon the foregoing, the Respondent, Residential Architectural Design &

Associates, 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 _/_.J_t'_ _ day of_l=._"'_f.._.,_..,,_'""-_--,t_, ·            

I

, 2012.

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: February 9, 2012

Hall Shore Gozdz

Docket for Case No: 12-000905