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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs NERIE ANNETTE PAGAN AND TDI ARCHITECTURAL DESIGN SERVICES, 07-003585 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003585 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: NERIE ANNETTE PAGAN AND TDI ARCHITECTURAL DESIGN SERVICES
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Aug. 07, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 9, 2007.

Latest Update: Jun. 17, 2024
fos STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATHOAYy ae Le “f} ~7 DEPARTMENT OF BUSINESS AND Antiive, PROFESSIONAL REGULATION, Wy SO 7 ~ My OHS 4 Petitioner, 0 7 ~ 3s K“ sel le vs. DBPR Case No.: 2006-057672 NERIE ANNETTE PAGAN AND, TDI ARCHITECTURAL DESIGN SERVICES, | Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against NERIE ANNETTE PAGAN and TDI ARCHITECTURAL DESIGN SERVICES ("Respondents"), and says: 1. 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 10190 Boca Entrada Boulevard #111, Boca Raton, Florida 33428. 4. At all times material hereto, Respondents were not duly registered) or certified to engage in the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes. 5. On or about April 20, 2006, Respondents contracted with Ann Ferrell to provide all drawings to obtain a permit from the building permit for a residential project. 6. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services including sealed drawings required to _ obtain a building permit. | . 7. Respondents received $1,425.00 pursuant to the above contract. 8. Respondents never produced the drawings required under the contract or returned the funds received. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) ' _ asif 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.” 11. Based upon the foregoing, Respondents have violated Section 481 223(1)), Florida Statutes, by practicing architecture ‘when they were not the. holder of a valid license by offering architectural services. COUNT Il 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 or 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 Til 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, TDI Architectural Design Services, 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. Poa Signed this & day of_Febsrvany , 2007. - FILED py, ” TS TUTY CLERK. — DAVID K. MINACCI , Smith, Thompson, Shaw & Manausa, P.A. Prandntlt Shcchel 2075 Centre Pointe Blvd. CLERK Tallahassee, FL 32308-4893 DATE Z- = 200 FL Bar No. 0056774 Ph: — (850) 402-1570 Fax: (850) 402-1508 PCP: B 0 5 2007 ae

Docket for Case No: 07-003585
Issue Date Proceedings
Feb. 20, 2008 Motion to Dismiss filed.
Feb. 13, 2008 Petitioner`s Response to Motion Seeking a Protective Order and Enforcing Compliance with Settlement Agreement filed.
Feb. 07, 2008 TDI Architectural Design Services Motion Seeking a Protective Order and Enforcing Compliance with Settlement Agreement filed.
Jan. 18, 2008 Notice of Ex-parte Communication.
Jan. 08, 2008 Letter to Judge Cohen from D. Minacci regarding request to re-assign a hearing officer filed.
Jan. 08, 2008 Election of Rights filed.
Jan. 08, 2008 Administrative Complaint filed.
Jan. 08, 2008 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Oct. 09, 2007 Order Closing File. CASE CLOSED.
Oct. 08, 2007 Motion to Dismiss Formal Hearing filed.
Sep. 24, 2007 Notice of Taking Deposition filed.
Sep. 12, 2007 Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Sep. 12, 2007 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Sep. 06, 2007 Order of Pre-hearing Instructions.
Sep. 06, 2007 Notice of Hearing by Video Teleconference (hearing set for October 22, 2007; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 16, 2007 Petitioner`s Response to Initial Order filed.
Aug. 07, 2007 Notice of Filing Petitioner`s First Set of Interrogatories, First Request for Production and Requests for Admission filed.
Aug. 07, 2007 Election of Rights filed.
Aug. 07, 2007 Administrative Complaint filed.
Aug. 07, 2007 Referral Letter filed.
Aug. 07, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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