STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, O0-4a4aPrE Case No. 2000-00100 2000-00101 Petitioner, vs. IBRAHIM ALVAREZ, Respondent. eZ ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against IBRAHIM ALVAREZ, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number CG C060458. 3. Respondent's last known address is 9320 SW 37" Street, Miami, Florida 33165. 4. At all times material hereto, Respondent was licensed as an individual (hereinafter referred to as "Contractor") and was responsible in such capacity for all of his contracting activities. COUNT I FACTS RELATING TO CASE NUMBER 2000-00100 5. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four as though fully set forth in this Count I. 6. At no material hereto, was Abraham Suchar d/b/a Florida Best Remodeling, registered, certified, properly qualified, or licensed to practice contracting in the State of Florida, nor did that name appear on Respondent’s license. 7. On or about July 22, 1999, Indra and Malcolm Siewnarine (hereinafter referred to as “ Customers” ) contracted with Florida Best Remodeling to build an addition to their house located at 9925 SW 161° Street, Miami, Florida for Seven Thousand dollars ($7,000.00). 8. On or about August 18, 1999, the Customers entered a second contract with Florida Best Remodeling to build a screened porch at their house located at 9925 sw 161% Street, Miami, Florida for Six Thousand, Eight Hundred dollars. ($6,800.00). 2 9. The Customers paid Florida Best Remodeling Five Thousand Eight Hundred dollars ($5,800.00) towards the two contracts. 10. On or about November 17, 1999, the Contractor applied for and obtained permit number 2000-015200 from the Miami Dade County Planning, Development & Regulation Department for the aforesaid project. 11. The Contractor knew or should have known that Florida Best Remodeling was not properly registered, certified, qualified, or licensed to practice contracting in the State of Florida. 12. Based on the foregoing, the Respondent violated Section 489.129(1) (dad), Florida Statutes (1998 Supp.), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT IT 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through eleven as though fully set forth in this Count IT. OEE EE eel 14. In obtaining the aforesaid permit, the Contractor certified to the Miami Dade County Planning, Development & Regulation Department that he was the Contractor of record for the Customer’s project and that the work would be performed in accordance with the laws of the State of Florida and Miami Dade County. 15. The foregoing constitutes a misleading, deceptive, or fraudulent representation made in or related to the practice of the Contractor’s profession. 16. Section 455.227(1) (a), Florida Statutes (1998 Supp.), provides that a licensee may be disciplined for making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession. 17. The foregoing constitutes a violation of Section 455.227(1) (a), Florida Statutes (1998 Supp.). 18. Based on the foregoing, the Respondent violated Section 489.129(1) (c), Florida Statutes (1998 Supp.), by violating any provision of Chapter 455. COUNT IIT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through eleven and fourteen through seventeen as though fully set forth in this 4 a, Count III. 20. Section 489.127(4) (c), Florida Statutes provides: “A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application’ or permit.” 21. By obtaining a permit for which he did not have a Girect contract, the Contractor violated the foregoing provision of Chapter 489, Florida Statutes. 22. Based on the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (Supp. 1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. FACTS RELATING TO CASE NUMBER 2000-00101 COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through eleven, 5 BT fourteen through seventeen and twenty through twenty one as though fully set forth in this Count Iv. 24, On or about May 21, 1999, Juan and Sandra Gonzalez (hereinafter referred to as “ Gonzalezes” ) contracted with Florida Best Remodeling to build an addition to their house located at 7071 SW 23rd Street, Miami, Florida for Eighteen Thousand, Two Hundred dollars ($18,200.00). 25. The Gonzalezes paid Florida Best Remodeling Ten Thousand, Five Hundred dollars ($10,500.00) towards the contract. 26. On or about August 17, 1999, the Contractor applied for and obtained permit number 1999-103201 from the Miami Dade County Planning, Development & Regulation Department for the aforesaid project. 27. Based on the foregoing, the Respondent violated Section 489.129(1) (da), Florida Statutes (1998 Supp.), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. , . COUNT v 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through eleven, fourteen through seventeen, twenty through twenty one and twenty four through twenty six as though fully set forth in this Count Vv. 29. In obtaining the aforesaid permit, the Contractor certified to the Miami Dade County Planning, Development & Regulation Department that he was the Contractor of record for the Gonzalezes’ project and that the work would be performed in accordance with the laws of the State of Florida and Miami Dade County. 30. The foregoing constitutes a misleading, deceptive, or fraudulent representation made in or related to the practice of the Contractor’s profession. 31. Section 455.227(1) (a), Florida Statutes (1998 Supp.), provides that a licensee may be disciplined for making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession. 32. The foregoing constitutes a violation of Section 455.227(1) (a), Florida Statutes (1998 Supp.). 33. Based on the foregoing, the Respondent violated Section 489.129(1) (c), Florida Statutes (1998 Supp.), by violating any provision of Chapter 455. COUNT VI 34. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through eleven, fourteen through seventeen, twenty through twenty one, twenty four through twenty six and twenty nine through thirty two as though fully set forth in this Count VI. 35. Section 489.127(4) (c), Florida Statutes provides: “A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit.” 36. By obtaining a permit for which he did not have a direct contract, the Contractor violated the foregoing provision of Chapter 489, Florida Statutes. 37. Based on the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (Supp. 1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on 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 violation, 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 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this vy day of A pari , 2000. COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 _ DSP/sb 2/8/00 Case #2000-00100, 2000-00101 Loktt £2 \ond CATHLEEN E. O’ DOWD LEAD ATTORNEY (PCP) March 28, 2000 Dwision 1 : Gene Simmons/ Por MmekKitricks. FILED Department of Business and Professional Regulation DEPUTY CLERK DATE 4-26-2000

Docket for Case No: 00-004343PL