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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs CONSULTECH AND ASSOCIATES, INC., AND ROBERT MCGOLDRICK, 10-009370 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009370 Visitors: 17
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.
Nov. 01, 2010 Respondents' Motion for Protective Order filed.
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.
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.
Sep. 29, 2010 Election of Rights filed.
Sep. 29, 2010 Administrative Complaint filed.
Sep. 29, 2010 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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