Elawyers Elawyers
Ohio| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs ENRIQUE FELDMAN AND FELDMAN ARCHITECTURE, 19-006278 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-006278 Visitors: 4
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.
Feb. 05, 2020 Notice of Filing Exhibits in Support of Respondent's Response to Petitioner's Motion to Relinquish Jurisdiction filed.
Feb. 04, 2020 CASE STATUS: Motion Hearing Held.
Feb. 04, 2020 Joint Status Report filed.
Feb. 03, 2020 Respondent's Answer to Petitioners Amended Administrative Complaint filed.
Jan. 30, 2020 Order Granting Motion to Amend Administrative Complaint
Jan. 28, 2020 Joint Status Report filed.
Jan. 28, 2020 Notice of No Objection to Petitioner's Amended Administrative Complaint filed.
Jan. 24, 2020 Petitioner's Motion to Amend Administrative Complaint filed.
Jan. 22, 2020 Order Granting Extension of Time to File Status Report. (parties to advise status by January 28, 2020).
Jan. 21, 2020 Respondent's Unopposed Motion for Enlargement of Time filed.
Jan. 21, 2020 Respondent?s Response in Opposition to Petitioner's Motion to Relinquish Jurisdiction filed.
Jan. 15, 2020 Order Granting Motion to Dismiss Counts I and III of the Administrative Complaint.
Jan. 15, 2020 Order Granting Continuance (parties to advise status by January 20, 2020).
Jan. 14, 2020 Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
Jan. 14, 2020 Unopposed Motion to Continue filed.
Jan. 14, 2020 Unopposed Motion to Dismiss Counts I and III of the Administrative Complaint filed.
Jan. 03, 2020 Undeliverable envelope returned from the Post Office.
Dec. 20, 2019 Respondent's Response to Petitioners' First Request for Production filed.
Dec. 20, 2019 Respondent's Response to First Request for Admissions filed.
Dec. 20, 2019 Notice of Serving Respondent's Verified Answers to Petitioners' First Set of Interrogatories filed.
Dec. 12, 2019 Order Granting Motion for Leave to File Amended Petition.
Dec. 11, 2019 Respondent's Response to Order to Show Cause filed.
Dec. 11, 2019 Order to Show Cause.
Dec. 09, 2019 Respondent's First Request for Production to Petitioner filed.
Dec. 09, 2019 Respondent's First Set of Interrogatories to Petitioner filed.
Dec. 03, 2019 Respondent's Motion for Leave to File Amended Petition filed.
Dec. 03, 2019 Notice of Transfer.
Nov. 27, 2019 Order of Pre-hearing Instructions.
Nov. 27, 2019 Notice of Hearing by Video Teleconference (hearing set for January 23, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 26, 2019 Joint Response to Initial Order filed.
Nov. 22, 2019 Initial Order.
Nov. 21, 2019 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Nov. 21, 2019 Petition for Formal Hearing and Evidentiary Hearing filed.
Nov. 21, 2019 Administrative Complaint filed.
Nov. 21, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer