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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs EVAN J. CADWELL AND DESIGN LINES DRAFTING SERVICES, 08-005438 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005438 Visitors: 35
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: EVAN J. CADWELL AND DESIGN LINES DRAFTING SERVICES
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Tavernier, Florida
Filed: Oct. 29, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 24, 2008.

Latest Update: Dec. 24, 2024
; OY-SU3Y STATE OF FLORIDA a" é ip pe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO9} ,, 0 cr ces i> y 29 DEPARTMENT OF BUSINESS AND ; by AN MW: ‘29 PROFESSIONAL REGULATION, 4 Ohayg 8! ‘04 os Mega har Petitioner, ARI gt ve vs. Case No.: 2007-029871 EVAN J. CADWELL AND DESIGN LINES DRAFTING 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 EVAN J. CADWELL and DESIGN LINES DRAFTING SERVICES ("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 150 N. Sunrise Drive, Tavernier, FL 33070. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. Respondents’ title block holds himself out as an ‘Architectural Designer”. 6. Respondents are not license to practice architectural services in the State of Florida and therefore cannot use the title Architectural Designer. 7. Respondents have performed design services for electrical and waste water systems. 8. Respondents are not licensed to practice architectural services in the State of Florida and therefore cannot perform design services for electrical and waste water systems. 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 HI 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, Design Lines Drafting Service, 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 3°" dayof__Gctekhe— , 2007. Department of Business and Pi . EPUTY CLE Fedtiaton Ss I CUE Brenan M Teckel, DAVID K. MINACCI . é Smith, Thompson, Shaw & Manausa, P.A. DATE -10 “200 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: — (850) 402-1570 Fax: (850) 558-1613

Docket for Case No: 08-005438
Issue Date Proceedings
Jan. 28, 2009 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Jan. 28, 2009 Motion to Relinquish Jurisdiction for Hearing not Involving Disputed Issues of Material Fact filed.
Jan. 23, 2009 Undeliverable envelope returned from the Post Office.
Dec. 24, 2008 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Dec. 19, 2008 Petitioner`s Motion to Reschedule Hearing filed.
Dec. 12, 2008 Order of Pre-hearing Instructions.
Dec. 12, 2008 Notice of Hearing (hearing set for January 9, 2009; 9:00 a.m.; Tavernier, FL).
Dec. 12, 2008 Order Regarding Motion to Compel and Motion to Relinquish Jurisdiction.
Dec. 11, 2008 Motion to Compel Responses to Interrogatories and Requests for Production filed.
Dec. 11, 2008 Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
Nov. 03, 2008 Petitioner`s Response to Initial Order filed.
Oct. 29, 2008 Initial Order.
Oct. 29, 2008 Petitioner`s First Request for Production filed.
Oct. 29, 2008 Petitioner`s First Set of Interrogatories filed.
Oct. 29, 2008 Petitioner`s First Requests for Admission filed.
Oct. 29, 2008 Notice of Filing Petitioner`s First Set of Interrogatories, First Request for Production and Requests for Admission filed.
Oct. 29, 2008 Administrative Complaint filed.
Oct. 29, 2008 Election of Rights filed.
Oct. 29, 2008 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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