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.
|