Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs IGK ENTERPRISES, INC., AND GREGORY KOHN, 09-005541 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005541 Visitors: 2
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.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer