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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs HENRI K. ALMANZAR AND CONCEPTS AND DESIGNS, 08-004131 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004131 Visitors: 8
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: HENRI K. ALMANZAR AND CONCEPTS AND DESIGNS
Judges: ELEANOR M. HUNTER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Aug. 21, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 30, 2008.

Latest Update: Feb. 01, 2025
OF) , O3 AUG 21 ANI TL ._DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUE: CFION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. DBPR Case No.: 2007-066641 HENRI K. ALMANZAR and CONCEPTS & DESIGNS, Respondents. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against HENRI K. ALMANZAR and CONCEPTS & DESIGNS, (“Respondents”), 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. Respondents’ last known address is 9376 NE gt Place, Miami Shores, Florida 138-2972. wo Lvs) vs) 4. At all 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. On or about December 14, 2004, Respondents entered into a contract with Scott Kranz to provide architectural services for a project located at building 1000 Williams Island, Aventura, Florida. 6. The contract provides that full architectural plans will be provided. 7. Respondents prepared an invoice for the project which holds the Respondents out as an Interior Designer. 8. Respondents are not licensed to practice architecture or interior design in the State of Florida and therefore cannot offer or provide such 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 Ill 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) -as if fully set forth herein. 16. 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. 17. 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 IV 18. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 19. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. 20. Based upon the foregoing, the Respondent, Concept & Designs, 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. Signed this__y** day of Tely , 2008. SNH A 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) 241-0161 pce: & a7 0g Rode vez (Wie cae Coetef son

Docket for Case No: 08-004131
Issue Date Proceedings
Sep. 30, 2008 Order Closing File. CASE CLOSED.
Sep. 29, 2008 Motion to Dismiss Formal Hearing filed.
Sep. 12, 2008 Respondent`s Answers to Request for Admissions filed.
Sep. 12, 2008 Respondent`s Answers to Interrogatories filed.
Sep. 09, 2008 Respondent`s Response to Initial Order filed.
Sep. 09, 2008 (Amended) Respondent`s Response to Initial Order filed.
Sep. 09, 2008 Notice of Appearance (filed by R. Baron).
Sep. 04, 2008 Order of Pre-hearing Instructions.
Sep. 04, 2008 Notice of Hearing by Video Teleconference (hearing set for October 31, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
Sep. 02, 2008 Petitioner`s Response to Initial Order filed.
Aug. 21, 2008 Initial Order.
Aug. 21, 2008 Notice of Filing Petitioner`s First Set of Interrogatories, First Request for Production and Requests for Admission filed.
Aug. 21, 2008 Election of Rights filed.
Aug. 21, 2008 Administrative Complaint filed.
Aug. 21, 2008 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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