Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: CONSULTECH AND ASSOCIATES, INC., AND ROBERT MCGOLDRICK
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Sep. 29, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 15, 2010.
Latest Update: Dec. 22, 2024
FILED
Department of Business and Profesmanat Regulation
Deputy Agency Clerk
CLERK Evette L Proctor
Date 8/25/2010
STATE OF FLORIDA “
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS ANB) 29 A [55
PROFESSIONAL REGULATION, : | 0- Q 3 T O
BOARD OF ARCHITECTURE > -
AND INTERIOR DESIGN,
Petitioner,
Vs. CASE NO.: 2010-002527
CONSULTECH & ASSOCIATES, INC.,
AND ROBERT MCGOLDRICK,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against CONSULTECH & ASSOCIATES, INC. and ROBERT MCGOLDRICK,
(“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 4026 ’2 Henderson Blvd, Tampa, Florida
33629.
4. At all umes 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. Respondents web site states that it has expertise in architecture.
6. The web site also states that consumers should choose Respondents because of
their licensed architects.
7. The web site further states that John Ehas, is associated with the Respondents and
has 30 years of comprehensive experience in Architecture.
8. Respondents are not licensed architects or have a certificate of authorization 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.”
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 It
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, Residential Architectural Design &
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 cotint, 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 48! and 455,
Florida Statutes, and/or the rules promulgated thereunder.
Q
Signed this 47? dayof Avges te . 2010.
“3 Sd
DAVID K. MINACCL
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: August 18, 2010
Rodriguez
Wirtz
Gustafson
Docket for Case No: 10-009370
Issue Date |
Proceedings |
Nov. 15, 2010 |
Order Closing File. CASE CLOSED.
|
Nov. 12, 2010 |
Motion to Dismiss Formal Hearing filed.
|
Nov. 05, 2010 |
CASE STATUS: Motion Hearing Held. |
Nov. 02, 2010 |
Respondent's Response to Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 01, 2010 |
Respondents' Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
|
Nov. 01, 2010 |
Petitioner's First Set of Interrogatories filed.
|
Nov. 01, 2010 |
Respondents' Response to Petitioner's First Request for Production filed.
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Nov. 01, 2010 |
Respondents' Motion for Protective Order filed.
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Nov. 01, 2010 |
Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
|
Nov. 01, 2010 |
Motion to Compel Responses to Interrogatories and Requests for Production filed.
|
Oct. 15, 2010 |
Order of Pre-hearing Instructions.
|
Oct. 15, 2010 |
Notice of Hearing by Video Teleconference (hearing set for November 17, 2010; 9:00 a.m.; Tampa and Tallahassee, FL).
|
Oct. 12, 2010 |
Notice of Transfer.
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Oct. 04, 2010 |
Petitioner's Response to the Initial Order filed.
|
Sep. 29, 2010 |
Initial Order.
|
Sep. 29, 2010 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
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Sep. 29, 2010 |
Election of Rights filed.
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Sep. 29, 2010 |
Administrative Complaint filed.
|
Sep. 29, 2010 |
Referral Letter filed.
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