7 “pH 04 JUL 14 PM 2:47 UiVisiSis fr ADMINIS Ry ye HEARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, oy - dYrAOPL Case No. 2001-09458 vs. BARCLAY ALAN MAVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against BARCLAY ALAN MAVIS, ("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 Building Contractor, in the State of Florida, having been issued license number CB C052115. 3. Respondent's last known address is 4836 NE 10" Avenue, Oakland Park, Florida 4. At all times material hereto, Respondent was licensed as the qualifying agent for Homeco Unlimited, Inc. (hereinafter referred to as "Contractor"). Homeco Unlimited, Inc. has a certificate of authority having been issued license number QB0012279. 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites, and for financial matters, both for the organization in general and for each specific job. 6. On or about November 7, 2001, the Contractor entered into a written agreement with Kathleen Allen (“Allen”) entitled “Consideration Receipt” pursuant to the terms of which Allen paid the Contractor One Thousand dollars ($1,000.00) in exchange for the Contractor’s promise to perform “... future work to be agreed upon by the Customer and Contractor.” The agreement further provided that “The [One thousand dollars ($1,000.00)] will be credited toward the decided project. If no agreement can be reached, the [One thousand dollars ($1,000.00)] will be refunded.” 7. On or about November 26, 2001, the Contractor submitted a written proposal to Allen for bathroom remodeling work to be performed at Allen’s residence at 535 Woodgate Circle, Sunrise, Florida, for Three Thousand One Hundred Fifty dollars ($3,150.00). 8. Allen did not accept the Contractor’s proposal and requested a refund of the One Thousand dollars ($1,000.00). 9. On or about December 5, 2001 the Contractor refused to refund the One thousand dollars ($1,000.00), claiming to have worked 3.75 hours on the project at the previously undisclosed rate of $250.00 per hour, for a total of $937.50. 10. Allen filed a lawsuit against the Contractor in the County Court in and for Broward County, Florida, Case No. COCE 01-30567 SP. At the pretrial conference on or about March 21, 2002, the Contractor paid Allen Two Hundred Fifty dollars ($250.00) to settle the case. COUNTI 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 12. Based upon the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (2000), by committing fraud or deceit in the practice of contracting. COUNT H 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count IT. 14. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2000), by committing incompetency or misconduct in the practice of contracting. COUNT IT 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count TT. 16. Section 455.227(1)(m), Florida Statutes, provides that the following shall constitute grounds for disciplinary action: Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 17. Based on the foregoing, the Respondent violated Section 489. 129(1)(c), Florida Statutes (2000), by violating any provision of Chapter 455, Florida Statutes. 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. an Signed this AS day of Ppa 2004. THEODORE R. GAY d ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: L t i) tation protession® we Theodore R. Gay Ri Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2001-09458 PC Found: April 27, 2004 Div t: Kalmanson / Del Vecchio

Docket for Case No: 04-002430PL