Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: ENRIQUE FELDMAN AND FELDMAN ARCHITECTURE
Judges: BRITTANY O. FINKBEINER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 21, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 12, 2020.
Latest Update: Dec. 27, 2024
FILED
Bepartment of Stisthess arid Professtoriat Regulations
Deputy Agency lark:
CLERK = Evelle Lawson-Procior
Dae —-F0/16/2019-
_ STATE OF FLORIDA. Fle
DEPARTMENT OF BUSINESS AND. PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE.
AND INTERIOR DESIGN,
Petitionay, , ‘
WSs CASE NOS: 2019-0122529
ENRIQUE FELDMAN AND!
FELDMAN ARCHITECTURE,
Respondents.
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Desigti. agaitist ENRIQUE. FELDMAN and FELDMAN ARCHITECTURE, (“Respondents”),
and says;.
"I. Petitioner is the state-agency charged with regulating the practice of architecture
and intefior design pursuant to Section 20,165, Florida Statutes, and. Chaptets 455 and. 481,
Florida Statutes.
2: The Department of Business and Professional Regulation has jurisdiction over the
unlivéised piactice of atéhitectuté and interior design puiisuant to Section 455.228(1), and.
Section 48}.223(1)(a), Florida Statutes.
3, Resporidents’ last known address is 419: Sunset Drive, Hallandale, FL 33009,
4. Af all times material hereto, Respondents were not. duly registered or certified ‘to.
etigage in‘the practice of architecture putsnant'ta Chapter 48 1, Florida Statutes,
EXHIBIT A
BETTE ee
5. Respondents entered into a contract to provide signed and sealed drawings for a
* project known as “New Residence Camacho Residence”
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 contract to provide sign and sealed
drawings.
COUNTT
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.”
ll. 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 IE
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 ot 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 DI
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, Feldman Architecture, 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.
4
Signed this _s2* ~ dayof__Qetebe— 2019.
PCP: October 14, 2019
Hall
Rodriguez
Shore
Nolen
Se
DAVID K. MINACCI
Smith, Thompson, Shaw,
Minacci, Colén & Power, P.A.
140-D W 1" Street
St. George Island, FL 32328
FL Bar No. 0056774
Ph: (850) 799-1882
Fax: (850) 799-1884
davidm@stslaw.com
Docket for Case No: 19-006278
Issue Date |
Proceedings |
Feb. 12, 2020 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 05, 2020 |
Order Rescheduling Hearing by Video Teleconference (hearing set for March 17, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
|
Feb. 05, 2020 |
Notice of Filing Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
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Feb. 05, 2020 |
Notice of Filing Exhibits in Support of Respondent's Response to Petitioner's Motion to Relinquish Jurisdiction filed.
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Feb. 04, 2020 |
CASE STATUS: Motion Hearing Held. |
Feb. 04, 2020 |
Joint Status Report filed.
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Feb. 03, 2020 |
Respondent's Answer to Petitioners Amended Administrative Complaint filed.
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Jan. 30, 2020 |
Order Granting Motion to Amend Administrative Complaint
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Jan. 28, 2020 |
Joint Status Report filed.
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Jan. 28, 2020 |
Notice of No Objection to Petitioner's Amended Administrative Complaint filed.
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Jan. 24, 2020 |
Petitioner's Motion to Amend Administrative Complaint filed.
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Jan. 22, 2020 |
Order Granting Extension of Time to File Status Report. (parties to advise status by January 28, 2020).
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Jan. 21, 2020 |
Respondent's Unopposed Motion for Enlargement of Time filed.
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Jan. 21, 2020 |
Respondent?s Response in Opposition to Petitioner's Motion to Relinquish Jurisdiction filed.
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Jan. 15, 2020 |
Order Granting Motion to Dismiss Counts I and III of the Administrative Complaint.
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Jan. 15, 2020 |
Order Granting Continuance (parties to advise status by January 20, 2020).
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Jan. 14, 2020 |
Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
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Jan. 14, 2020 |
Unopposed Motion to Continue filed.
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Jan. 14, 2020 |
Unopposed Motion to Dismiss Counts I and III of the Administrative Complaint filed.
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Jan. 03, 2020 |
Undeliverable envelope returned from the Post Office.
|
Dec. 20, 2019 |
Respondent's Response to Petitioners' First Request for Production filed.
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Dec. 20, 2019 |
Respondent's Response to First Request for Admissions filed.
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Dec. 20, 2019 |
Notice of Serving Respondent's Verified Answers to Petitioners' First Set of Interrogatories filed.
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Dec. 12, 2019 |
Order Granting Motion for Leave to File Amended Petition.
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Dec. 11, 2019 |
Respondent's Response to Order to Show Cause filed.
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Dec. 11, 2019 |
Order to Show Cause.
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Dec. 09, 2019 |
Respondent's First Request for Production to Petitioner filed.
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Dec. 09, 2019 |
Respondent's First Set of Interrogatories to Petitioner filed.
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Dec. 03, 2019 |
Respondent's Motion for Leave to File Amended Petition filed.
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Dec. 03, 2019 |
Notice of Transfer.
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Nov. 27, 2019 |
Order of Pre-hearing Instructions.
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Nov. 27, 2019 |
Notice of Hearing by Video Teleconference (hearing set for January 23, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
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Nov. 26, 2019 |
Joint Response to Initial Order filed.
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Nov. 22, 2019 |
Initial Order.
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Nov. 21, 2019 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
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Nov. 21, 2019 |
Petition for Formal Hearing and Evidentiary Hearing filed.
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Nov. 21, 2019 |
Administrative Complaint filed.
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Nov. 21, 2019 |
Agency referral filed.
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