Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC., AND JASON A. ROHR
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: Aug. 25, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 9, 2014.
Latest Update: Dec. 22, 2024
FILED
Department of Business and Professional Regulation
ey Clerk
STATE OF FLORIDA ety Agency
CLERK vette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Date 7/28/2044
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs, CASE NOS.: 2013-019789
; 2012-047642
CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC.,
AND JASON A. ROHR,
Respondents. ;
ee
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against CREATIVE ARCHITECTURAL DESIGN CONSULTANTS, INC. and JASON
A. ROHR, (“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 769 42™ Avenue North, Saint Petersburg, FL
33703.
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. Respondents entered into a contract with Daniel J. Bellina to provide sign and
sealed drawings for a residential project.
6. The Respondents are offering architectural services in their business name.
7. The Respondents are offering architectural services on their web site.
8. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services or sign and sealed drawings.
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.”
11, 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
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 IM
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, Creative Architectural Design
Consultants, 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.
Signed this 2)?" day of Teoly , 2014.
t—_—.
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: July 14, 2014
Rodriguez
Shore
Costoya
wers
Docket for Case No: 14-004037
Issue Date |
Proceedings |
Oct. 09, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 08, 2014 |
(Petitioner's) Motion to Dismiss Formal Hearing filed.
|
Sep. 30, 2014 |
Notice of Taking Deposition (of Jason A. Rohr) filed.
|
Sep. 24, 2014 |
(Respondent's) Answer to Requests for Production filed.
|
Sep. 24, 2014 |
(Respondent's) Answer to Interrogatories filed.
|
Sep. 24, 2014 |
(Respondent's) Answer to Requests for Admission filed.
|
Sep. 03, 2014 |
Order of Pre-hearing Instructions.
|
Sep. 03, 2014 |
Notice of Hearing by Video Teleconference (hearing set for October 22, 2014; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
|
Aug. 28, 2014 |
Joint Response to Initial Order filed.
|
Aug. 26, 2014 |
Initial Order.
|
Aug. 25, 2014 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Aug. 25, 2014 |
Answer to Complaint, Asertion of Defense filed.
|
Aug. 25, 2014 |
Election of Rights filed.
|
Aug. 25, 2014 |
Administrative Complaint filed.
|
Aug. 25, 2014 |
Referral Letter filed.
|