Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: IGK ENTERPRISES, INC., AND GREGORY KOHN
Judges: ELEANOR M. HUNTER
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Oct. 12, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 23, 2009.
Latest Update: Jan. 10, 2025
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs. CASE NO.: 2008-04925
IGK ENTERPRISES, INC., .
AND GREGORY KOHN, DG-3 Y Yo
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against IGK ENTERPRISES, INC. and GREGORY KOHN, (“Respondents”), and says:
1. Petitioner is the state agency charged with regulating the practice of architecture
and 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 architecture and interior design pursuant to Section 455.228(1), and
Section 481.223(1)(a), Florida Statutes.
3. Respondents’ last known address is 5805 SW 21" Street, Hollywood, FL 33023.
4. At all times material hereto, Respondents were not duly registered or certified to
engage in the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes.
5. On or about August 15, 2007, Respondents entered into a contract with Sherry
Friend to perform architectural services for a residential project located at 1112 SW 20 Street, Ft.
Lauderdale, Florida.
6. The contract offers complete architectural drawings.
7. The Respondents were paid directly by Sherry Friend for-providing architectural
services,
8. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural 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 I
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 Il
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, IGK Enterprises, 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.
y
Signed this 73° dayof_Daara- f , 2009.
CD ite aD
DAVID K. MINACCI
Smith, Thompson, Shaw & Manausa, P.A.
Aisdlt 3520 Thomasville Road, Fourth Floor
Q Tallahassee, Florida 32309
pe
Pyar 00 FL Bar No. 0056774
ek 5 - Ph: (850) 402-1570
ar -\ Fax: (850) 241-0161
DATE
PCP: A) Anau a, 2. AKOOQ
ode LFues,
aS Ww
S osteaSs CAN
Docket for Case No: 09-005541
Issue Date |
Proceedings |
Apr. 12, 2010 |
Petitioner's Motion to Re-Open Case filed. (DOAH CASE NO. 10-1899PL ESTABLISHED)
|
Nov. 23, 2009 |
Order Closing Files. CASE CLOSED.
|
Nov. 20, 2009 |
Motion to Dismiss filed.
|
Nov. 20, 2009 |
Motion to Dismiss Formal Hearing filed.
|
Oct. 30, 2009 |
Order of Consolidation (DOAH Case Nos. 09-5541and 09-5625PL).
|
Oct. 30, 2009 |
Order Directing Filing of Exhibits
|
Oct. 30, 2009 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 16, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Consolidation of Cases).
|
Oct. 26, 2009 |
Respondents Response to Initial Disclosure filed.
|
Oct. 26, 2009 |
Order of Pre-hearing Instructions.
|
Oct. 26, 2009 |
Notice of Hearing by Video Teleconference (hearing set for December 16, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Oct. 22, 2009 |
Petitioner's Response to Initial Order filed.
|
Oct. 15, 2009 |
Order Granting Motion to Reopen Case.
|
Oct. 12, 2009 |
Initial Order.
|
Oct. 09, 2009 |
Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 09-3440)
|
Jun. 23, 2009 |
Election of Rights filed.
|
Jun. 23, 2009 |
Administrative Complaint filed.
|
Jun. 23, 2009 |
Referral Letter filed.
|