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.
|