Jan 11 2007 13:28 @l/11l/28ea7 13:25 8584146749 : DEPR OGA PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No, 2005-060631 IVAN HOWARD SILVERSTEIN DBA A&A SOLAR ALTERNATIVE ENERGY SUPPLY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against IVAN HOWARD SILVERSTEIN DBA A&A SOLAR ALTERNATIVE SUPPLY, ("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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a hearing on the facts alleged. Jan 11 2007 13:28 @l/11l/28ea7 13:25 858414674 : q DEPR OGA PAGE @4/ag 4. At no time material hereto, was the Respondent IVAN HOWARD SILVERSTEIN duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto, was the Respondent A&A SOLAR ALTERNATIVE ENERGY SUPPLY duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 5309 NE 4” Terrace, Fort Lauderdale, Florida 33334. 7. On ot about November 7, 2005, the Respondent verbally contracted with Virginia Barricelli (“Barricelli”) to replace a solar panel on a water heater at Barricelli’s residence located in Margate, Florida. 8. On or about November 8, 2005, the Respondent submitted an invoice for payment to Barricelli in the amount of $350.00. 9. For the aforementioned project, the Respondent was paid $350.00 by check number $25 on November 7, 2005. 10, The Respondent was issued a Notice and Order to Cease and Desist unlicensed contracting in DBPR case number 2004-051597, which was closed pursuant to the aforementioned Notice and Ordet to Cease and Desist, on June 7, 2005. 11. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[pJerson who, for compensation, undertakes to, submits a bid to, or dogs himself or herself or by others construct, repair, alter, retnodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for @l/11l/28ea7 13:25 8584146749 Jan 11 2007 13:28 DEPR OGA PAGE others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragyaphs of this subsection.” 12. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Section 489.105(3), Florida Statutes. 13. Section 489.113(2), Florida Statutes, provides that “[nlo person who is not certified or registered shall practice contracting in this state.” 14. Section 489.105(6), Florida Statutes, provides that "The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. COUNT ONE 15. Petitioner realleges and incorporates berein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 16. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), Florida Statutes, which provides that no person. shall “{eJngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization. ..without being duly registered or certified or having a certificate of authority.” COUNT TWO 17. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). a5/ag Jan 11 2007 13:28 1/11/2687 13:25 8584146749 : : DEPR OGA PAGE 86/89 18. Based upon the foregoing, the Respondent has violated Subsection 455,227(1)(q), Florida Statutes, by violating a lawful order of the department issued in DBPR case number 2004-051597. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand, corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this pla day of aad Laura Patricia Gaffhey, FBN437867 Chief Attommey Unlicensed Enforcement/Accountancy COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement/Accountancy Department of Business and Professional Regulation : F | tation Office of the General Counsel Department of Business and Professional Regu? 1940 North Montoe Street AGENCY CLERK Tallahassee, FL. 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 cueRK Son wh de (ert om wre 27 1 2000 - pC Found. APE ALY ° LPG/jle

Docket for Case No: 07-000141