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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs ALL ARCHITECTURE PROFESSIONAL SERVICES, INC., AND MAJID M. HAWARI, 08-000181 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-000181 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: ALL ARCHITECTURE PROFESSIONAL SERVICES, INC., AND MAJID M. HAWARI
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jan. 10, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 15, 2008.

Latest Update: Nov. 11, 2024
STATE OF FLORIDA eye DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ? Asp is 7 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Os 018] vs. CASE NO.: 2007-037536 Petitioner, ALL ARCHITECTURE PROFESSIONAL, SERVICES, INC. AND MAJID M. HAWARI, . Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against ALL ARCHITECTURE PROFESSIONAL SERVICES, INC. and MAJID M. HAWARI, (“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 interior design pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondents’ last known address is P.O. Box 291697, Tampa, Florida 33687. 4. At al] times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture or interior design in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. Respondents are doing business as All Architecture Professional Services, Inc. and are offering architectural services on a business card. 6. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. 7. Respondents business card offers interior design services. 8. Respondents are not licensed to practice interior design in the State of Florida and therefore cannot offer or provide 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)(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)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering architectural services. COUNT II 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 II 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 16. 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. 17. 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 Iv 18. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 19. 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. 20. 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 of a valid license. COUNT V 21. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 22. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 23. Based upon the foregoing, the Respondent, All Architecture Professional Services, Inc., 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. A Signed this 6°” dayof__Abusmbe , 2007. PS 7 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: NOV 05 9007 wl

Docket for Case No: 08-000181
Issue Date Proceedings
Feb. 15, 2008 Order Closing File. CASE CLOSED.
Feb. 13, 2008 Motion to Dismiss Formal Hearing filed.
Feb. 11, 2008 Respondent`s Response to Requests for Admission filed.
Feb. 11, 2008 Respondent`s Response to Requests for Production filed.
Jan. 29, 2008 Order of Pre-hearing Instructions.
Jan. 29, 2008 Notice of Hearing by Video Teleconference (hearing set for April 8, 2008; 9:30 a.m.; Tampa and Tallahassee, FL).
Jan. 22, 2008 Respondent`s Response to Initial Order filed.
Jan. 16, 2008 Petitioner`s Response to Intial Order filed.
Jan. 10, 2008 Initial Order.
Jan. 10, 2008 Notice of Filing Petitioner`s First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Jan. 10, 2008 Answer to Administrative Complaint filed.
Jan. 10, 2008 Election of Rights filed.
Jan. 10, 2008 Administrative Complaint filed.
Jan. 10, 2008 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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