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
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._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.
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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
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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.
|