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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs EXANTUS CONSTRUCTION, INC., AND LUCKNER EXANTUS, 14-005860 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005860 Visitors: 22
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.
Source:  Florida - Division of Administrative Hearings

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