FILED

De lartment of Business and Professional Regulation

Deputy Agency Clerk

STATE OF.FLORfDA

CLERK

Evette Lawson-Proctor

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA. Date

7/29/2011

'; -::1 ,:.- 11 r:::; :". c::e

DEPARTMENT OF BUSINESS AND' ' -' ,.-I I ,:_• V'

PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN,

Petitioner,

File#

vs. CASENO.: 2011-009350

MILTON CUBAS,

Respondent.

                                                                        !

ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

("Petitioner"), files this Administrative Complaint before the Board of Architecture and interior Design against MILTON CUBAS, ("Respondent"), and says:

I. 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.

1. 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.

2. Respondent's lasl known address is 1302 NE ! 25th Street, North Miami, rlorida

   
   

   33161.

   
   

3. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture in the State of Florida pursuant to Chapter 481, Florida Statutes.

   
   

   
   

4. C-n-O Architectural, Inc. (C-n-O) entered into a contract to provide architectural services for a project known as The Floridian Condominium located at 650 West Avenue, Miami Beach, Florida.

5. At all times material hereto, C-n-O was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes.

6. C-n-D prepared architectural drawings for the project.

   
   

7. C-n-D's title block was on the drawings offering architectural services.

   
   

8. C-n-D received compensation for providing architectural drawings for the project. l 0. C-n-D is not licensed in the State of Florida to practice architecture and therefore

cannot offer or provide such services.

l l. Respondent, a Florida licensed Professional Engineer, signed and sealed the drawings prepared by C-n-D for the purposes of obtaining a building pcnnit.

1. Section 455.227(1 )(j), Florida Statutes, prohibits aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profossion contrary to this chapter, the cl1apter regulating the profession, or the rules of the depaiiment or the board.

2. Based upon the foregoing, Respondent has violated Section 455.227(l)(i), Florida Statutes, by assisting C-n-D in its performance of unlicensed activity contrary to Chapter 481, Florida Statutes.

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 ddineated 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.

Signed this

t'

t

.':l

day of 3-v7l-'-/

------, 2011.

---._,

DAVID K. MINACCI

Smith, Thompson, Shaw,

Minacci & Colon, P.A.

3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309

FL Bar No. 0056774 Ph: (850) 402-1570

Fax: (850) 241-0161

PCP: July 26, 2011

Rodriguez

Wirtz

Hall

Docket for Case No: 11-004358