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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC., AND JASON A. ROHR, 14-004037 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004037 Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC., AND JASON A. ROHR
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: Aug. 25, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 9, 2014.

Latest Update: Jun. 01, 2024
FILED Department of Business and Professional Regulation ey Clerk STATE OF FLORIDA ety Agency CLERK vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Date 7/28/2044 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs, CASE NOS.: 2013-019789 ; 2012-047642 CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC., AND JASON A. ROHR, Respondents. ; ee Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC. and JASON A. ROHR, (“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(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 769 42™ Avenue North, Saint Petersburg, FL 33703. 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. 5. Respondents entered into a contract with Daniel J. Bellina to provide sign and sealed drawings for a residential project. 6. The Respondents are offering architectural services in their business name. 7. The Respondents are offering architectural services on their web site. 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services or sign and sealed drawings. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. 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.” 11, 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 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Section 481.223(1)(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.” 14. Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT IM 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. , 16. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name-offering architectural services. 17. Based upon the foregoing, the Respondent, Creative Architectural Design Consultants, 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 2)?" day of Teoly , 2014. t—_—. DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Colén, 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: July 14, 2014 Rodriguez Shore Costoya wers

Docket for Case No: 14-004037
Issue Date Proceedings
Oct. 09, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 08, 2014 (Petitioner's) Motion to Dismiss Formal Hearing filed.
Sep. 30, 2014 Notice of Taking Deposition (of Jason A. Rohr) filed.
Sep. 24, 2014 (Respondent's) Answer to Requests for Production filed.
Sep. 24, 2014 (Respondent's) Answer to Interrogatories filed.
Sep. 24, 2014 (Respondent's) Answer to Requests for Admission filed.
Sep. 03, 2014 Order of Pre-hearing Instructions.
Sep. 03, 2014 Notice of Hearing by Video Teleconference (hearing set for October 22, 2014; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
Aug. 28, 2014 Joint Response to Initial Order filed.
Aug. 26, 2014 Initial Order.
Aug. 25, 2014 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Aug. 25, 2014 Answer to Complaint, Asertion of Defense filed.
Aug. 25, 2014 Election of Rights filed.
Aug. 25, 2014 Administrative Complaint filed.
Aug. 25, 2014 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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