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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs VICTOR SECONDO ESCALONA, 07-003759 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003759 Visitors: 26
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: VICTOR SECONDO ESCALONA
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Aug. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 5, 2007.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, e | . oul 54 vs. Case No.: 2006-063807 VICTOR SECONDO ESCALONA, | Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against VICTOR SECONDO ESCALONA, (“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 unlicensed practice of architecture and interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondent’s last known address is 12218 S.W. 16" Terrace, D-105, Miami, Florida 33175. 4. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. On or about February 1, 2006, Respondent entered into a contract with Otalora Construction Solutions, LLC., to provide architectural services for a project located 9932 SW 154 Street, Miami, Florida 33157. 6. The contract specifically states that Respondent will provide professional services necessary to complete architectural plans. 7. Respondent was paid $2,160.00 to provide services for the above referenced project but never completed the plans. 8. Respondent is not licensed to practice architecture in the State of Florida and therefore cannot contract to provide architectural plans. 9. 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.” 10. Based upon the foregoing, Respondent has violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when he was not the holder of a valid license by offering architectural services. 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. Me te Signedthis 2? dayof Mere , 2007. < v DF DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 558-1613 PCP: 3/26/07 Rodriguez Wirtz Hall

Docket for Case No: 07-003759
Issue Date Proceedings
Oct. 05, 2007 Order Closing File. CASE CLOSED.
Oct. 04, 2007 Motion to Dismiss Formal Hearing filed.
Sep. 28, 2007 Order to Show Cause. (Hearing canceled; Respondent`s response due 10/15/07).
Sep. 27, 2007 Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Sep. 27, 2007 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Sep. 24, 2007 Notice of Taking Deposition filed.
Sep. 05, 2007 Order of Pre-hearing Instructions.
Sep. 05, 2007 Notice of Hearing (hearing set for October 12, 2007; 9:00 a.m.; Miami, FL).
Aug. 29, 2007 Petitioner`s Response to Initial Order filed.
Aug. 22, 2007 Initial Order.
Aug. 20, 2007 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Aug. 20, 2007 Election of Rights filed.
Aug. 20, 2007 Administrative Complaint filed.
Aug. 20, 2007 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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