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
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STATE OF FLORIDA a" é ip pe
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO9} ,, 0 cr ces i> y
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PROFESSIONAL REGULATION, 4 Ohayg 8! ‘04 os
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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.
|