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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CV INTERIORS, INC., AND CLAUDIA VALDEZ, 06-001899 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001899 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CV INTERIORS, INC., AND CLAUDIA VALDEZ
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: May 24, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 2, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ys. DBPR Case No.: CV INTERIORS, INC. AND CLAUDIA VALDEZ, Respondents. CO lo ~ l KU4 / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against CV INTERIORS, INC. AND CLAUDIA VALDEZ, (“Respondents”), and says: 1. Petitioner is the state agency charged with regulating the practice of 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 48 1.223(1)(a), Florida Statutes. 3. Respondents’ last known address is 622 Turtle Run, Weston, Florida 33326. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of interior design in the State of Florida pursuant to Chapter 481, Florida Statutes, 5. In Volume 15, Number 3 edition of the Florida Design magazine, Respondents offer to provide “Commercial Decorating” services. 6. As of October 14, 2005, Respondents are offering “Commercial Decorating” services with a picture of a hair on their website. 7, The website goes on to offer “full interior design” and states that the Respondents specialize in commercial projects. , 8. Given that the Respondents are not licensed interior designers in the State of ‘Florida, they cannot offer or provide commercial design services or interior design services. COUNT I 9, Petitioner hereby realleges.and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 481.223(1)(b), Florida Statutes, states that a person may not knowingly practice interior design, when the person is not'then the holder of a valid license. 11, Based upon the foregoing, the Respondents have violated Section 481.223(1)(b), Florida Statutes, by practicing interior design, when they were not the holder of a valid license. COUNT It 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, prohibits a person from using the title interior designer or words to that effect unless the person is a registered interior designer, 14, Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by holding themselves out as interior designers when they were not the holder ofa valid license. COUNT It 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 16. Section 481.219(3), Florida Statutes, requires a certificate of authorization to practice interior design services through a corporation, partnership, or under a fictitious name. 17. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior design services through CV Interiors, Inc., 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. gt Signed this __/ dayof_ Mare h , 2006. 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 pep: 2\a2\ou we BD ihe be

Docket for Case No: 06-001899
Issue Date Proceedings
Aug. 02, 2006 Order Closing File. CASE CLOSED.
Aug. 02, 2006 Order Deeming Admissions Admitted.
Jul. 19, 2006 Amended Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Jul. 17, 2006 Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Jul. 17, 2006 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Jul. 07, 2006 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 14, 2006; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jun. 21, 2006 Petitioner`s Motion to Reschedule Hearing filed.
Jun. 19, 2006 Order of Pre-hearing Instructions.
Jun. 19, 2006 Notice of Hearing (hearing set for August 1, 2006; 9:00 a.m.; Fort Lauderdale, FL).
May 26, 2006 Petitioner`s Response to Initial Order filed.
May 24, 2006 Initial Order.
May 24, 2006 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
May 24, 2006 Response to Administrative Complaint, Request for Formal Hearing filed.
May 24, 2006 Election of Rights filed.
May 24, 2006 Administrative Complaint filed.
May 24, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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