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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs ARCHITECTURE AND AWNINGS CORPORATION AND CAMILO NINO, 13-000758 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000758 Visitors: 18
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.
Source:  Florida - Division of Administrative Hearings

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