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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs CARLOS I. ALCALA AND ALCALA ARCHITECTURE, LLC, 17-003580 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003580 Visitors: 8
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: CARLOS I. ALCALA AND ALCALA ARCHITECTURE, LLC
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Jun. 20, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 21, 2017.

Latest Update: Jun. 02, 2024
FILED Department of Business ani Professional Regulation Deputy Agency Clerk STATE OF FLORIDA cuRK File = DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASENO.: 2016-042489 CARLOS I. ALCALA AND ALCALA ARCHITECTURE, 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 CARLOS I. ALCALA and ALCALA ARCHITECTURE, LLC, ("Respondents"), and says: 1, Petitioner is the state agency charged with regulating the practice of architecture pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. 2. Respondent, Carlos I. Alcala, is and has been at all times material hereto, a licensed architect in the State of Florida, having been issued license number AR 95019. 3. Respondent’s address of record is 301 West Cervantes Street, Bradenton, FL 34202. 4. DStudio is offering architectural services on a job site sign along with Respondents. Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAY se 5/29/9017 —, —. 5. At all times material hereto, DStudio was not duly registered or certified to engage in the practice of architecture pursuant to Chapter 481, Florida Statutes. 6. Respondent signs and seals drawings prepared by DStudio. 7. Respondent is aiding and abetting DStudio in the unlicensed practice of architecture. 8. Section 481.225(1)(i), Florida Statutes, states that disciplinary action may be taken for aiding, assisting, procuring, or advising any unlicensed person to practice architecture contrary to this part or to a rule of the board. 9. Based upon the foregoing, Respondent has violated Section 481.225(1)(i), Florida Statutes by aiding DStudio in its offering of architectural services. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing one or more of the following penalties: Imposition of probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per count, require continuing education, 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, a Signed this 22°" day of PCP: May 11, 2017 Hall Smith Fernandez May 2017, DAVID K. MINACCI Smith, Thompson, Shaw, Minacci, Colén & Power, 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

Docket for Case No: 17-003580
Issue Date Proceedings
Aug. 21, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 15, 2017 Motion to Dismiss Formal Hearing filed.
Jul. 13, 2017 Notice of Filing Respondents' First Requests for Production filed.
Jul. 12, 2017 Notice of Filing Respondents' First Set of Interrogatories filed.
Jul. 07, 2017 Order of Pre-hearing Instructions.
Jul. 07, 2017 Notice of Hearing (hearing set for August 24, 2017; 9:00 a.m., Central Time; Pensacola, FL).
Jun. 29, 2017 Respondent's Response to the Initial Order and to Petitioner's Response to Initial Order filed.
Jun. 29, 2017 Notice of Appearance (Lois Lepp) filed.
Jun. 29, 2017 Notice of Transfer.
Jun. 28, 2017 Petitioner's Response to Initial Order filed.
Jun. 21, 2017 Initial Order.
Jun. 20, 2017 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Jun. 20, 2017 Election of Rights filed.
Jun. 20, 2017 Administrative Complaint filed.
Jun. 20, 2017 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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