STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner. 0 4 . OST a DBPR Case No.: 2001-07026 2002-013873 DIXON ENRIQUE ALVARINO, Respondent. / ADMINISTRATIVE COMPLAINT « Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAYIWiv, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against DIXON ENRIQUE ALVARINO, ("Respondent"), and says: - I. 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. Respondent was previously a licensed architect in the State of Florida, having been issued license number AR 014598. 4. As of March 1, 1999, Respondent’s license was placed in a delinquent status for failing to renew. ~5. As of March 11, 2001, Respondent’s license was placed in a null and void status for failing to renew. EXHIBIT. 6. Atall times material hereto, Respondent was not duly reaistered or certified to engage tn the practice of architecture or interior design pursuant to Chapter 481, Florida Statutes. 7. Respondent's last known address is 420 Lincoin Road. Mianu Beach, Florida 33439, 8. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count I. 9. Onor about May 30, 2001, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 1025 Michigan Avenue, as the architect of record. 10. Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly H . + “practice architecture unless the person is an architect or a registered architect.” 11. 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.” 12. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. COUNT I 13. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count I. ‘14. On or about March 21, 2001, and August 20, 2001, Respondent submitted applications for permits to the City of Miami Beach Building Department for property located at 928 Euclid Avenue, as the architect of record. 15. Section 481.223(1)(a), Flonda Statutes, states that a person may not knowingly “practice architecture unless the person is an architect or a registered architect.” N 16. 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.” 17. Based upon the foregoing, the Respondent has violated Section 48 1,223¢1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. COUNT UI 8. Petitioner realleges and incorporates paragraphs 1 through 7 as though fully stated in this Count II. 9. On or about May 16, 2001, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 1227 Meridian Avenue, as the architect of record. 20. 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.” 21. 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.” \ 22. Based upon the foregoing, the Respondent has violated Section 48 1,223(1)(a) and Section 481:223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. COUNT IV 23. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count IV. 24. On or about March 23, 2000, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 1401 Washington Avenue, as the architect of record. 25. Section 481.223(1)(a), Florida Statutes, states that a person may not knowingly “praciice architecture unless the person is an architect or a registered architect.” 26. Section 484.223¢1}(¢), 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.” 27. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1 (c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. 28. Petitioner realleges and incorporates paragraphs | through 7 as though ¢ . * fully stated in this Count V. 29. On or about August 30, 1999, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 1668 Collins Avenue, as the architect of record. 30. 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.” 31. Section 481.2231 )(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.” 32. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. COUNT VI 33. Petitioner realleges and incorporates paragraphs 1 through 7 as though fully stated in this Count VI. 34. On or about February 22, 2000, Respondent submitted an application for permit to the City of Miamt Beach Building Department for property located at 1265 Washington Avenue. as the architect of record. 35. 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.” 36. Section 481.223(] \(c)}, Florida Statutes, states that a person may not knowingly “use the name or utle ‘architect’ or ‘registered architect’ or words to that effect. when the person is not then the holder of a valid license.” 37, Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481 .223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”; when he was not the holder of a valid license. CO VI 38. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count VIL. 39. On or about October 6, 1999, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 301 Arthur Godfrey Road, as the architect of record. \ 40. 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.” 41. 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.” 42. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. 43. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated tn his Count VHT. 44. On or about February i4. 2060 Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 140! Washington Avenue. as the architect of record, 45. Section 48].223(1)(a). Florida Statutes, states that a person may not knowingly “pracuice architecture unless the person is an architect or a registered architect.” 46. 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.” 47. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. COUNT IX 48. Petitioner realleges and incorporates paragraphs } through 7 as though fully stated in this Count IX. * 49. On or about June 1, 2000, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 441 Lincoln Road, as the architect of record, 50. 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.” ~ 51. 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.” 52. Based upon the foregoing. the Respondent has violated Section 48 1.223(1)(a) and Section 481.223(1)(c). Florida Statutes, by practicing architecture and by using the name or Ute “architect”. when he was not the holder of a valid license. COUNT X 53. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count X, 54. On or about June 1. 2000, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 1045 Penn Avenue, as the architect of record. 55. 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.” 56. 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.” 57. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid license. COUNT XI 58. Petitioner realleges and incorporates paragraphs J through 7 as though fully stated in this Count XI. 59. On or about February 8, 2000, Respondent submitted an application for permit to the City of Miami Beach Building Department for property located at 1403 Washington Avenue, as the architect of record. 60. 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.” 61. 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.” 62. Based upon the foregoing. the Respondent has violuted Section 48 1.223¢1)(a) and Section 481.223( 1 i(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he was not the holder of a valid ficense. COUNT XII 63. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count XI. 64, On or about May 10, 2002, Respondent contracted with Maria Teresa Brolley to provide architectural services at her residence located at 285 North Coconut Lane, Miami Beach. FL ‘ + 2 33139. 65. 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.” 66. 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.” 67. Based upon the foregoing, the Respondent has violated Section 481.223(1)(a) and Section 481.223(1)(c), Florida Statutes, by practicing architecture and by using the name or title “architect”, when he Was not the holder of a valid license. COUNT XT 68. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count XII. 69. As of November 5, 2002, the Respondent is holding himself as a licensed architect over the Internet. 70. 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.” 71. Based upon the foregoing, the Respondent has violated Section 481.223(1 sc), Florida Statutes, by using the name or tide “architect”, when he was not the holder of a valid license. COUNT XIV 72. Petitioner realleges and incorporates paragraphs | through 7 as though fully stated in this Count XIV, 73. As of November 5. 2002. the Respondent is holding himself as a licensed interior designer over the Internet. 74, Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use ' oy the name or title ‘interior designer’ or ‘registered interior designer’ or words to that effect. when the person is not then the holder of a valid license.” 75. Based upon the foregoing. the Respondent has violated Section 481.2251), Florida Statutes, by using the name or title “interior designer’, when he was not the holder of a valid license. 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. ; en ( Signed this__/4 day of _Dccewbe — ; Department of Business and Professional Regulation zd KPA ‘DEPUTY CLERK DAVID K. MINACCI Smith, Thompson, Shaw & Manausa, P.A. cure Pramelm@iTichele 5 ComreFone Ba. anassee, oa Saad vate _V2-\7- 2.002 FL Bar No. 0056774 Ph: (850) 402-1570 - Fax: (850) 402-1508 PCP: (@-M-0%

Docket for Case No: 03-000574