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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs JAMES F. BIAGI, 13-002758 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002758 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: JAMES F. BIAGI
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jul. 19, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 28, 2013.

Latest Update: Dec. 23, 2024
FILED Department of Business and Professional Reguiation Deputy Agency Clerk STATE OF FLORIDA CLERK «svelte Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT owe 5/24/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. , ; CASE NO.: 2011-046910 JAMES F, BIAGI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against JAMES F. BIAGI, (“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. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of architecture pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. 3. Respondent’s last known address is 1915 NE 45" Street, Suite 101, Fort Lauderdale, FL 33308. 4, At all times material hereto, Respondent was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. EXHIBIT A 5. Cannatelli Builders, Inc. (“CB1") entered into a contract to provide architectural services for a commercial project. 6. Atall times material hereto, CBI was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 7. CBI prepared architectural drawings for the project. 8. CBI received compensation for providing architectural drawings for the project. 9. CBI is not licensed in the State of Florida to practice architecture and therefore cannot offer or provide architectural services. 10. Respondent, a Florida licensed Professional Engineer, is on the title block for the commercial project with CBI. 11. Section 455.227(1)q), Florida Statutes, prohibits aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. 12. Based upon the foregoing, Respondent has violated Section 455.227(1)(), Florida Statutes, by assisting CBI 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 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. gk Signed this et! day of “tn f- , 2013. DAVID K. MINACC] 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 davidm@stsiaw.com PCP: May 15, 2013 Hall Shore Costoya

Docket for Case No: 13-002758
Issue Date Proceedings
Aug. 28, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 27, 2013 Motion to Dismiss Formal Hearing filed.
Aug. 14, 2013 Respondent's Response to Request for Admissions filed.
Jul. 30, 2013 Respondent's Motion for Continuance and to Reschedule Hearing filed.
Jul. 26, 2013 Order of Pre-hearing Instructions.
Jul. 26, 2013 Notice of Hearing by Video Teleconference (hearing set for September 6, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jul. 26, 2013 Joint Response to Initial Order filed.
Jul. 25, 2013 Respondent's Notice of Serving First Set of Interrogatories to Department of Business and Professional Regulation, Board of Architecture and Interior Design filed.
Jul. 25, 2013 Respondent James F. Biagi's First Request for Production filed.
Jul. 19, 2013 Initial Order.
Jul. 19, 2013 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Jul. 19, 2013 Election of Rights filed.
Jul. 19, 2013 Administrative Complaint filed.
Jul. 19, 2013 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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