Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: VIA DESIGN STUDIO
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 15, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 10, 2012.
Latest Update: Dec. 23, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK —_ Evette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAY pate 40/28/2011
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs. CASE NO.: 2011-025673
VIA DEIGN STUDIO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against VIA DESIGN STUDIO, ("Respondent"), and says:
1, Petitioner is the state agency charged with regulating the practice of architecture
pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes.
2. Respondent, is and has been at all times material hereto, a licensed architectural
firm in the State of Florida, having been issued license number AA 26002071.
3. Respondent’s address of record is 103 Westward Drive, Miami, FL, 33166.
4. Respondent prepared a proposal to Miami Dade College to provide architectural
services.
5. Within the proposal, Respondent held out Jose Daniel Bernal (“Bernal”) as a
project architect.
6. At all times material hereto, Bernal was not duly registered or certified to engage
in the practice of architecture pursuant to Chapter 481, Florida Statutes.
Filed November 15, 2011 2:32 PM Division of Administrative Hearings
7. Respondent cannot hold out employees as “‘project architects” unless such
employees are Florida licensed architects.
8. Section 481.225(1)(i), Florida Statutes, states in pertinent part that no registered
architect shall aid, assist, procure, or advise any unlicensed person to practice architecture
contrary to this part or to a rule of the department or the board.
9. Based upon the foregoing, Respondent has violated Section 481.225(1)(), Florida
Statutes, by assisting Bernal in his performance of unlicensed activity contrary to Chapter 481,
Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing one
or more of the following penalties: Imposition of probation, reprimand the licensee, revoke,
suspend, deny the issuance or renewal of the certificate or registration, require financial
restitution to a consumer, impose an administrative fine not to exceed $5,000 per count, require
continuing education, 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 481 and 455, Florida Statutes, and/or the
rules promulgated thereunder.
t-
Signed this 2 4 dayof_ _Oetebe- , 2011.
4
Sd
DAVID K. MINACCI
Smith, Thompson, Shaw
Minacci & Coldén, P.A.
3520 Thomasville Road, Fourth Floor
Tallahassee, Florida 32309
FL Bar No. 0056774
(Ph) (850) 402-1570
(Fax) (850) 241-0161
PCP: October 12, 2011
Rodriguez
Wirtz
Hall
Docket for Case No: 11-005829
Issue Date |
Proceedings |
Jan. 10, 2012 |
Order Closing File. CASE CLOSED.
|
Jan. 09, 2012 |
Unopposed Motion to Continue filed.
|
Nov. 28, 2011 |
Order of Pre-hearing Instructions.
|
Nov. 28, 2011 |
Notice of Hearing by Video Teleconference (hearing set for January 27, 2012; 11:00 a.m.; Miami and Tallahassee, FL).
|
Nov. 18, 2011 |
Unilateral Response to Initial Order filed.
|
Nov. 16, 2011 |
Initial Order.
|
Nov. 15, 2011 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Nov. 15, 2011 |
Referral Letter filed.
|
Nov. 15, 2011 |
Election of Rights filed.
|
Nov. 15, 2011 |
Administrative Complaint filed.
|