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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN vs HUGO BUENO AND BUENO CONSTRUCTION COMPANY, INC., 18-000939 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-000939 Visitors: 23
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: HUGO BUENO AND BUENO CONSTRUCTION COMPANY, INC.
Judges: F. SCOTT BOYD
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Feb. 20, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 20, 2018.

Latest Update: Nov. 18, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK = Evette Lawson-Proctor : Date = 8/30/2017 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI gies DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN, Petitioner, vs. CASE NOS.: 2016-023894 2016-023897 HUGO BUENO AND BUENO CONSTRUCTION COMPANY, INC,, Respondents, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Archifecture and Interior Design against HUGO BUENO and BUBNO CONSTRUCTION COMPANY, INC., (“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’ Jast known address is 519 South 21" Avenue, Hollywood, FL 33020. EXHIBIT A on 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, On or about January 19, 2016, Respondents entered into a design build contract with Wholeness Empowerment Ministry for a church project. 6. The Contract provides that the Contractor is “to provide a set of drawings signed and sealed by an Architect.” 7. | Respondents and/or the Owner contracted with Aldeval Design to provide drawings for the project. 8. Aldeval Design is not licensed to practice architecture in the State of Florida and therefore cannot prepare design drawings for a church. 9. Respondents aided Aldeval Design in the unlicensed practice of architecture. 10. Section 455.227(1)(j), Florida Statutes, prohibits aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. 11. Based upon the foregoing, Respondents have violated Section 455.227(1)(), Florida Statutes, by assisting Aldeval Design in its performance of unlicensed activity contrary to Chapter 481, Florida Statutes. 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, at Signed this 2 day of Agus t , 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 PCP: August 28, 2017 Hall Smith Rodriguez

Docket for Case No: 18-000939
Issue Date Proceedings
Mar. 20, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 19, 2018 Motion to Dismiss Formal Hearing filed.
Mar. 19, 2018 Notice of Canceling Deposition filed.
Mar. 07, 2018 Notice of Taking Deposition filed.
Feb. 27, 2018 Order of Pre-hearing Instructions.
Feb. 27, 2018 Notice of Hearing by Video Teleconference (hearing set for April 18, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
Feb. 26, 2018 Joint Response to Initial Order filed.
Feb. 21, 2018 Initial Order.
Feb. 20, 2018 Notice of Filing Petitioner's First Set of Interrogatories, First Requests for Production and Requests for Admission filed.
Feb. 20, 2018 Answer to Administrative Complaint filed.
Feb. 20, 2018 Election of Rights filed.
Feb. 20, 2018 Administrative Complaint filed.
Feb. 20, 2018 Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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