Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: ARCHITECTURE AND AWNINGS CORPORATION AND CAMILO NINO
Judges: JESSICA E. VARN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Feb. 27, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 18, 2013.
Latest Update: Dec. 23, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA : CLERK vette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT bate 4/30/2013
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs. CASE NO.: 2011-061015
ARCHITECTURE & AWNINGS CORPORATION,
AND CAMILLO NINO,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against ARCHITECTURE & AWNINGS CORPORATION and CAMILO NINO,
(‘Respondents’), 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, Respondents’ last known address is 1309 Harbour Side Drive, Weston, Florida
4, At all times material hereto, Respondents were not duly registered or certified to
engage in the practice of architecture pursuant to Chapter 481, Florida Statutes.
Respondents include the cost of an architect signing and sealing drawings in their
proposals for construction services.
6. Respondents are doing business as Architecture & Awnings Corporation.
Architecture & Awnings Corporation does not have a certificate of authorization
io offer architectural services.
Respondents are offering architectural services on their web site.
9. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services.
COUNT I
ioner hereby realleges and incorporates paragraphs one (1) through nine (9)
as if fully set forth herein.
ion 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.”
2.
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 realleges and incorporates paragraphs one (1) through nine (9)
as if fully set forth herein.
14. 5
Oe
ection 481.219(2), Florida Statutes, requires a certificate of authorization for a
corporation, partnership, or fictitious name offering architectural services.
15. Based upon the foregoing, the Respondent, Architecture & Awnings Corporation
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.
wa
Signed this et day of Soe owen ce » 2013.
DAVID K. MINACCI
Smith, Thompson, Shaw,
Minacci & Coldn, P.A.
3520 Thomasville Road, Fourth Floor
Tallahassee, Florida 32309
FL Bar No, 0056774
Ph: — (850) 402-1570
Fax: (850) 241-0161
davidm@stslaw.com
PCP. January 23, 2013
Hall
Shore
Costoya
Docket for Case No: 13-000758
Issue Date |
Proceedings |
Apr. 18, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 18, 2013 |
Motion to Dismiss Formal Hearing filed.
|
Apr. 03, 2013 |
Notice of Taking Deposition (of C. Nino) filed.
|
Mar. 05, 2013 |
Order of Pre-hearing Instructions.
|
Mar. 05, 2013 |
Notice of Hearing (hearing set for April 25, 2013; 9:00 a.m.; Miami, FL).
|
Mar. 05, 2013 |
Order on Motion to Dismiss.
|
Mar. 01, 2013 |
Response to Motion to Dismiss filed.
|
Mar. 01, 2013 |
Joint Response to Initial Order filed.
|
Feb. 28, 2013 |
Initial Order.
|
Feb. 27, 2013 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Feb. 27, 2013 |
Respondent's Motion to Dismiss Petitioner's Administrative Complaint filed.
|
Feb. 27, 2013 |
Administrative Complaint filed.
|
Feb. 27, 2013 |
Referral Letter filed.
|