Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: EXANTUS CONSTRUCTION, INC., AND LUCKNER EXANTUS
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Dec. 11, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 19, 2015.
Latest Update: Dec. 23, 2024
FILED
Deparbnent of Business and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evolle Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA] owe 8/12/2013
Fie #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE f LL L 4 0. lo b
AND INTERIOR DESIGN, | j v
Petitioner,
vs. CASE NO.: 2012-032305
EXANTUS CONSTRUCTION, INC.,
AND LUCKNER EXANTUS,
Respondents,
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against EXANTUS CONSTRUCTION, INC, and LUCKNER EXANTUS,
(“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 5722 South Flamingo Road, #111, Cooper
City, Florida 33330.
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. As of July 25, 2012, Respondents’ web site was offering architectural services.
6. ‘The web site represents that if you need an architect thal a person should contact
the Respondents,
7. The web site also states you can meet with one of the Respondents’ “experienced
architects.” .
8. Respondents are not licensed to practice architecture in the Stare 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.”
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 TT
12, Petitioner hereby realleges and incorporates paragraphs one (1) through eight (8)
as if fully set forth herein. .
13. Section 481.219(2), Florida Stamttes, requires a certificate of authorization for a
corporation, partnership, or fictitious name offering architectural services.
C) @
14. Based upon the foregoing, the Respondent, Exantus Construction, 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,
Ne
Signed this r day of Ax» -3 tT , 2013.
DAVID K. MINACCIT
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@stsiaw.com
PCP: August 5, 2013
Hall
Shore
Costoya
Docket for Case No: 14-005860
Issue Date |
Proceedings |
Feb. 19, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 18, 2015 |
(Petitioner's) Motion to Dismiss filed.
|
Feb. 17, 2015 |
Order Canceling Hearing (parties to advise status by February 20, 2015).
|
Feb. 17, 2015 |
CASE STATUS: Motion Hearing Held. |
Feb. 10, 2015 |
Petitioner's Motion to Reschedule Hearing filed.
|
Feb. 10, 2015 |
Petitioner's Response Order filed.
|
Feb. 09, 2015 |
Order Requiring Response.
|
Jan. 30, 2015 |
(Petitioner's) Motion to Relinquish Jurisdiction for Hearing Not Involving Disputed Issues of Material Fact filed.
|
Jan. 28, 2015 |
(Petitioner's) Motion to Compel Responses to Interrogatories and Requests for Production filed.
|
Dec. 23, 2014 |
Notice of Hearing by Video Teleconference (hearing set for February 18, 2015; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Dec. 23, 2014 |
Order of Pre-hearing Instructions.
|
Dec. 19, 2014 |
Petitioner's Response to Initial Order filed.
|
Dec. 12, 2014 |
Initial Order.
|
Dec. 11, 2014 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
|
Dec. 11, 2014 |
Election of Rights filed.
|
Dec. 11, 2014 |
Administrative Complaint filed.
|
Dec. 11, 2014 |
Referral Letter filed.
|