FILED

Department of Busioes and Profes:ric,nal Regulat1M

Deputy Agency Clerk

CLERK

Date

Evette Lawson-Proctor

10/25/2012

File#

STATE OF FLORIDA

,., · . .·. • ·•

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA'

DEPARTMENT OF BUS[NESS AND PROFESSIONAL REGULATION,,. BOARD OF ARCHITECTURE

AND INTERIOR DESIGN,

vs.

Petitioner,

E

CASE NO.: 2011-042241

ICON UNLIMITED CORP. AND ROBERT SAN MARTIN,

Respondents.

DMSION OF ADMINISTRATIVE HEARING"

DATE 1z!JJJl;D

ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA TrON,

{"Petitioner''), files this Administrative Complaint before the Board of Architecture and interior Design against ICON UNLIMITED CORP. and ROBERT SAN MARTIN, ("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 1521 Alton Road, Suite 753, Miami Beach,

   
   

   Florida 33161.

   
   

4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 48 l, Florida Statutes.

5. Respondents prepared a proposal to provide architectural services for a commercial project located at 3760 NW 54 Street, Hialeah, FL 33142.

6. The proposal specifically oilers architectural services.

   
   

7. Respondents arc offering architectural services through a business entity.

   
   

8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services.

   COUNTl

   
   

9. Petitioner hereby reallcgcs and incorporates paragraphs one ( l) through eight (8) as if fully set fcm:h herein.

10. Section 48].223(1)(a), Florida Statutes, states that a person may not knowingly "practice architecture unless the person is an architect or a registered architect."

11. Based upon the foregoing, Respondents have violated Section 481.223( l )(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering architectural services.

    COUNT II

    
    

12. Petitioner hereby realleges and incorporates paragraphs one (I) through eight (8) as if fully set forth herein.

13. Section 481.219(2 ), Florida Statutcs, rcq uircs a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services.

    
    

14. Based upon the foregoing, the Respondent, Icon Unlimited Corp., has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certificate of authorization.

WHEREFORE, Petitioner respectfu!ly 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 \.Vithin 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.

Signedthis ;i..,. '-- dayof C>c..,f...L l ,,-- , 2012.

=2 1

DA YID K. MfNACCf

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

davidrn@stslaw.com

PCP: October 22, 2012

Hall Shore Gozdz

Docket for Case No: 12-003881