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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs DAVID CHERNIN AND AXIS STUDIOS, INC,, 14-000931 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000931 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: DAVID CHERNIN AND AXIS STUDIOS, INC,
Judges: MARY LI CREASY
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Feb. 26, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 5, 2014.

Latest Update: Dec. 22, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ‘CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| 5, 4/23/2014 : Fite # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NO.: 2012-034611 DAVID CHERNIN, AND AXIS STUDIOS, INC., Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DAVID CHERNIN and AXIS STUDIOS, INC., (“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 11879 Keswick Way, West Palm Beach, Florida 33412. 4. At all times material hereto, Respondents were not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 5. On or about June 3, 2012, Respondents prepared a proposal to Dr. Jyoti B. Mohanty offering architectural services for a residential project. 6. Respondents’ web site offers architectural services and uses the title architect. 7. Respondents are offering architectural services through a business entity without a certificate of authorization. 8. Respondents are not licensed to practice architecture in the State of Florida and therefore cannot offer or provide architectural services. COUNT I 9. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” ll. Based upon the foregoing, Respondents have violated Section 481.223(1)(a), Florida Statutes, by practicing architecture when they were not the holder of a valid license by offering architectural services. COUNT I 12. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 13. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use the name or title ‘architect’ or ‘registered architect’ or words to that effect, when the person is not then the holder of a valid license.” 14, Based upon the foregoing, the Respondents have violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT I 15. Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein, 16. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a corporation, partnership, or fictitious name offering architectural services. . 17. Based upon the foregoing, the Respondent Axis Studios, Inc. has violated Section 481.219(2), Florida Statutes, by offering architectural services without a certificate of authorization. . 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. : yy Signed this g20° dayof_JDaneery> , 2014, ~SS) we. DAVID K. MINACCI Smith, Thompson, Shaw, Minacci & Colén, P.A. 3520 Thomasville Road, Fourth Floor Tallahassee, Florida 32309 FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 241-0161 davidm@stslaw.com PCP: January 15, 2014 Hall Shore Costoya

Docket for Case No: 14-000931
Source:  Florida - Division of Administrative Hearings

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