STATE OF FLORIDA ae Ve DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 98-20774 Ol-CT9H PL vs. SETH M. SKLAREY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against SETH M. SKLAREY, ("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 Roofing Contractor and a Certified General Contractor, in the State of Florida, having been issued license numbers CC _C042784, CG C024684 and CG CA24684. SH ee 2 Oe 3. Respondent's last known address is P.O. Box 332172, Coconut Grove, Florida 33233-2172, and 610 S. Dixie Highway, Hallandale, Florida 33009-6333. 4, At all times material hereto, Respondent was the licensed qualifier for Alogonquin Trading Co., Inc. and S & O Painting, Inc. (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. 5. At no time material hereto was Mohamed Ibrahim duly certified, registered or properly qualified to perform construction in the State of-Florida. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about January 31, 1998,. Mohamed Ibrahim (hereinafter referred to as “Unlicensed Contractor”) contracted with Nadege Dutes of the Church of God of Holiness in Christ (hereinafter referred to as “Customer”), to renovate church property at 321 NE 79 Street, Miami, Florida. 8. The price of the aforesaid contract was One Hundred Seventy Five Thousand dollars ($175,000.00). 9. The Customer paid the Unlicensed Contractor One Hundred Fifty Eight Thousand dollars ($158,000.00) toward the aforesaid contract. 10. On or about February 18, 1998, the Contractor obtained the permit for the aforesaid project from the City of Miami Building Department. 11. The Contractor assisted the Unlicensed Contractor in the uncertified and unregistered practice of contracting. 12. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), 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 II 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through eleven as though fully set forth in this Count II. 14. 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. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor. 15. The Contractor violated the foregoing provision of Chapter 489, Florida statutes. 16. Based on the foregoing, the Respondent violated Section 489.129(1) (4), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT III 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through eleven and fourteen through fifteen as though fully set forth in this Count III. 18. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if any.” 19. At no time material hereto did the Contractor possess a qualified business organization certificate of authority. 20. The foregoing constitutes a violation of Section 489.119(2), Florida Statutes. 21. Based on the foregoing, the Respondent violated Section 489.129(1) (j), Florida Statutes (1997), 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 Avyvat , 1999, COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Bus. & Prof. Reg. 401 NW 2 Avenue #N607 Miami, FL. 33128 (305) 377-7115 v 7/20/99 oe 98-20774 DSP/ms PCPs $) 244 Cowaed } Hat y Svensno | pres yee" G.W. HARRELL, CHIEF ATTORNEY KR _D'\oxsd FILED Department of Business and Professianal Regulation DEPUTY CLERK cre BrardntM Michele pare F- 7-49 -

Docket for Case No: 01-000724PL