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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs MARK VINCENT RICHTER AND RICHTER ENGINEERING, INC., 14-005942 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005942 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: MARK VINCENT RICHTER AND RICHTER ENGINEERING, INC.
Judges: D. R. ALEXANDER
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Dec. 17, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 6, 2015.

Latest Update: Dec. 22, 2024
Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Practar DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT 4111212014 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: _ 2013-044086 MARK VINCENT RICHTER AND, RICHTER ENGINEERING, INC., Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against MARK VINCENT RICHTER and RICHTER ENGINEERING, INC., (“Respondents”), and says: iL 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 2007 W Reynolds Street, Plant City, FL 33563. 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 prepared architectural drawings for a bakery project located at 7613 East Causeway Blvd., Suite A & B, Tampa, Florida. 6. Respondents prepared architectural drawings for a church project located at 7617 East Causeway Blvd., Tampa, Florida. 7. Respondents signed and sealed the architectural drawings using his\Professional Engineering seal. 8. Further, Respondents use the title architect in an advertisement on Angie’s List and claims they are properly licensed. 9. Respondents are offering these services through a business entity without a certificate of authorization. 10. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services or use the title architect. COUNTI 11. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. 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.” 13. 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 14. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 15. 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 ofa valid license.” 16. 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 IT 17. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 18. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 19. Based upon the foregoing, the Respondent, Richter Engineering, 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 Chia dayof_ AJevamber , 2014. PCP: October 29, 2014 Hall Shore Toppe Rivers 2 Spo 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

Docket for Case No: 14-005942
Issue Date Proceedings
Apr. 06, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 06, 2015 (Petitioner's) Motion to Dismiss Formal Hearing filed.
Apr. 02, 2015 Order Imposing Sanctions.
Apr. 01, 2015 Respondent's Response to Order Dated March 27, 2015 filed.
Mar. 27, 2015 Order (on Petitioner's Motion for Sanctions Pursuant to Rule 1.380 and Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact).
Mar. 27, 2015 (Petitioner's) Motion for Sanctions Pursuant to Rule 1.380 and Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
Mar. 11, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 23, 2015; 10:00 a.m.; Tampa, FL).
Mar. 04, 2015 Petitioner's Amended Motion to Reschedule Hearing filed.
Mar. 03, 2015 Petitioner's Motion to Reschedule Hearing filed.
Mar. 02, 2015 Order Compelling Discovery.
Feb. 26, 2015 (Petitioner's) Renewed Motion to Compel Responses to Interrogatories and Requests for Production filed.
Feb. 24, 2015 Order Denying Motion.
Feb. 13, 2015 Respondent's Notice of Filing Evidence filed.
Feb. 10, 2015 Order to Show Cause.
Jan. 27, 2015 (Petitioner's) Motion to Relinquish for Hearing not Involving Disputed Issues of Material Fact filed.
Jan. 27, 2015 (Petitioner's) Motion to Compel Responses to Interrogatories and Requests for Production filed.
Jan. 14, 2015 Amended Notice of Hearing by Video Teleconference (hearing set for March 23, 2015; 10:00 a.m.; Tampa and Tallahassee, FL; amended as to time and location of hearing).
Jan. 13, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 23, 2015; 9:00 a.m.; Lakeland, FL).
Jan. 12, 2015 Petitioner's Amended Motion to Reschedule Hearing filed.
Jan. 09, 2015 Petitioner's Motion to Reschedule Hearing filed.
Jan. 07, 2015 Order of Pre-hearing Instructions.
Jan. 07, 2015 Notice of Hearing by Video Teleconference (hearing set for February 13, 2015; 9:00 a.m.; Lakeland and Tallahassee, FL).
Dec. 17, 2014 Initial Order.
Dec. 17, 2014 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Dec. 17, 2014 Election of Rights filed.
Dec. 17, 2014 Administrative Complaint filed.
Dec. 17, 2014 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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