Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: MARIELA MARTIN-FERNANDEZ AND REMODEL BY DESIGN, LLC
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Apr. 28, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 24, 2016.
Latest Update: Dec. 25, 2024
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Prector
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA]| pao 2/49/2045
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
BOARD OF ARCHITECTURE
AND INTERIOR DESIGN,
Petitioner,
vs. CASE NO.: 2014-042066
MARIELA MARTIN-FERNANDEZ,
AND REMODEL BY DESIGN, LLC,
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against MARIELA MARTIN-FERNANDEZ and REMODEL BY DESIGN, LLC,
(“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 2484 SW 115 Avenue, Miami, FL 33165.
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, however
Respondent Mariela Martin-Fernandez was previously a licensed interior designer prior to her
license being revoked for failure to comply with a Final Order.
5. Respondents are offering architectural services on their business card.
6. Respondents are listed as the architect on a Building Permit Application for a
project located at 8001 NW 54 Street, Miami, Florida.
7. Respondents are offering architectural services on their LinkedIn page.
8. Respondents are not licensed to practice architecture in the State of Florida and
therefore cannot offer or provide architectural services or use the title architect.
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 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 OL
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, Remodel by Design, LLC, 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 1&* _dayof_Febrve oy 2015.
SS) se
DAVID K. MINACCI
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@stslaw.com
PCP: February 13, 2015
Hall
Shore
Costoya
Rivers
Docket for Case No: 16-002408
Issue Date |
Proceedings |
May 24, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 24, 2016 |
Motion to Dismiss Formal Hearing filed.
|
May 12, 2016 |
Order of Pre-hearing Instructions.
|
May 12, 2016 |
Notice of Hearing by Video Teleconference (hearing set for July 8, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
|
May 09, 2016 |
Petitioner's Response to Initial Order filed.
|
Apr. 29, 2016 |
Initial Order.
|
Apr. 28, 2016 |
Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admissions filed.
|
Apr. 28, 2016 |
Election of Rights filed.
|
Apr. 28, 2016 |
Administrative Complaint filed.
|
Apr. 28, 2016 |
Referral Letter filed.
|