Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: J. SCOTT DRAFTING, INC., AND JAMES SCOTT
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Jul. 23, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 22, 2010.
Latest Update: Dec. 26, 2024
FILED
Bepartment of Business ano Professions: Reoutation,
AGENCY CLERK
CLERK Evette L Proctor
fo Dae 5/17/2010
STATE OF-FLORIDA File #
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
20:0 UL 2 :
DEPARTMENT OF BUSINESS AND ~~ 3 Al
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
VS. CASE NO.: = 2009-046984
J. SCOTT DRAFTING, INC.,
AND JAMES SCOTT,
Respondents,
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against J. SCOTT DRAFTING, INC. and JAMES SCOTT, (“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 3993 S. Access Road, Unit B, Englewood, FL
34224,
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 entered into a contract with Boca Grande Country Club to provide
architectural services for a commercial project regarding the construction of an observation deck
on a tennis pavilion.
6. Respondents prepared drawings for the project.
7. Respondents were paid directly by the Boca Grande County Club to prepare the
drawings.
8. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services for commercial property.
COUNTI
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 ora registered architect.”
ll. 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 H
12, Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8)
as if fully set forth herein.
13. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a
corporation, partnership, or fictitious name offering architectural services.
14, Based upon the foregoing, the Respondent, J. Scott Drafting, 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 45 5.227(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.
ra
Signed this _/3 day of May , 2010.
__/S p--————_
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
PCP: May 12, 2010
Rodriguez, Wirtz, Gustafson
Docket for Case No: 10-006139
Issue Date |
Proceedings |
Sep. 22, 2010 |
Order Closing File. CASE CLOSED.
|
Sep. 20, 2010 |
Motion to Dismiss Formal Hearing filed.
|
Sep. 09, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for September 24, 2010; 9:30 a.m.; Sarasota and Tallahassee, FL; amended as to video teleconference and Tallahassee hearing location).
|
Aug. 25, 2010 |
Respondents' First Request for Production filed.
|
Aug. 25, 2010 |
Notice of Serving Respondent's First Set of Interrogatories to Petitioner filed.
|
Aug. 20, 2010 |
Notice of Servicing Respondents' Answers to Petitioner's First Set of Interrogatories filed.
|
Aug. 10, 2010 |
Order of Pre-hearing Instructions.
|
Aug. 10, 2010 |
Notice of Hearing (hearing set for September 24, 2010; 9:30 a.m.; Sarasota, FL).
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Jul. 30, 2010 |
Respondent's Response to Initial Order filed.
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Jul. 27, 2010 |
Petitioner's Response to Initial Order filed.
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Jul. 23, 2010 |
Notice of Filing Petitioner's First Service of Interrogatories, First Request for Production and Requests for Admission filed.
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Jul. 23, 2010 |
Answer filed.
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Jul. 23, 2010 |
Election of Rights filed.
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Jul. 23, 2010 |
Administrative Complaint filed.
|
Jul. 23, 2010 |
Referral Letter filed.
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Jul. 23, 2010 |
Initial Order.
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