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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs J. SCOTT DRAFTING, INC., AND JAMES SCOTT, 10-006139 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006139 Visitors: 2
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).
Jul. 30, 2010 Respondent's Response to Initial Order filed.
Jul. 27, 2010 Petitioner's Response to Initial Order filed.
Jul. 23, 2010 Notice of Filing Petitioner's First Service of Interrogatories, First Request for Production and Requests for Admission filed.
Jul. 23, 2010 Answer filed.
Jul. 23, 2010 Election of Rights filed.
Jul. 23, 2010 Administrative Complaint filed.
Jul. 23, 2010 Referral Letter filed.
Jul. 23, 2010 Initial Order.
Source:  Florida - Division of Administrative Hearings

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