Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: JOHN EISENLAU
Judges: FRED L. BUCKINE
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Nov. 20, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 13, 2004.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
“bs
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Ys.
JOHN EISENLAU,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against JOHN EISENLAU, ("Respondent"), and says:
1. Petitioner is the state agency charged with regulating the practice of architecture
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
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unlicensed practice of architecture and interior design pursuant to Section 455.228(1), and
Section 481.223(1)(a), Florida Statutes.
3. At all times material hereto, Respondent was not duly registered or certified to
engage in the practice of architecture pursuant to Chapter 481, Florida Statutes.
4. Respondent’s last known address is 211 N. Broadway, Suite 600, St. Louis, MO
63102.
5. In a letter dated March 3, 2002. to the Marion County Board of County
Commissioners, Respondent offered to perform architectural services for the Marion County jail
expansion project and held himself out as an architect.
COUNTI
6. Petitioner hereby realleges and incorporates paragraphs ‘one (1) through five
(5) as if fully set forth herein.
7. Section 48] .223(1)(a), Florida Statutes, states that a person may not kdowingly
“practice architecture unless the person is an architect or a registered architect.”
8. Based upon the foregoing, Respondents have violated Section 481.223(1)(a) by
Practicing architecture when he was not the holder of a valid license by offering to provide such
services on the Marion County jail expansion project.
COUNT II
9. Petitioner hereby realleges and incorporates paragraphs one (1) throu gh five
(5) as if fully set forth herein,
10. Section 481, P80), 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.”
11. Based upon the foregoing, Respondent has violated Section 481.223(1)(c), Florida
Statutes, by using the name or title “architect” in the letter dated March 3, 2003 to the Marion
County Board of County Commissioners.
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,
anW/or any other relief that the Board is authorized to impose pursuant to Chapters 481 and 455,
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Florida Statutes, and/or the rules promulgated thereunder,
. : a
Signed this__ se? dayof_ @etebe , zens,
TSI Ke RH
DAVID K. MINACCI
Smith, Thompson, Shaw & Manausa, P.A.
2075 Centre Pointe Blvd.
Tallahassee, FL 32308-4893
FL Bar No. 0056774
Ph: (850) 402-1570
Fax: (850) 402-1508
PCP:
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Docket for Case No: 03-004299
Issue Date |
Proceedings |
Jan. 13, 2004 |
Order Closing File. CASE CLOSED.
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Jan. 09, 2004 |
Motion to Relinquish Jurisdiction filed by Petitioner.
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Jan. 08, 2004 |
Respondent`s Answers to Petitioner`s First Set of Interrogatories filed.
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Jan. 08, 2004 |
Respondents Answers to Petitioner`s First Request for Admissions filed.
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Jan. 08, 2004 |
Respondent John Eisenlau`s Response to Petitioner`s First Requests for Production filed.
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Jan. 07, 2004 |
Notice of Taking Deposition (J. Eisenlau) filed.
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Jan. 07, 2004 |
Notice of Serving First Set of Interrogatories of Respondent, John Eisenlau, to Petitioner, Department of Business and Professional Regulation filed.
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Dec. 19, 2003 |
Order of Pre-hearing Instructions.
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Dec. 19, 2003 |
Notice of Hearing (hearing set for January 15, 2004; 9:00 a.m.; Tampa, FL).
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Dec. 12, 2003 |
Letter to A. Cole from H. Dempsey (response to Initial Order) filed.
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Dec. 02, 2003 |
Response to Initial Order filed by Petitioner.
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Nov. 21, 2003 |
Initial Order.
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Nov. 20, 2003 |
Notice of Filing Petitioner`s First Setof Interrogatories, First Request for Production and Request for Admissions filed.
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Nov. 20, 2003 |
Administrative Complaint filed.
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Nov. 20, 2003 |
Request for Administrative Hearing filed.
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Nov. 20, 2003 |
Referral letter filed.
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