04 JUL 14 PH 2: 18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, OY- Dua3 PL Case No. 2002-001391 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 33334, 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 September 6, 2001, the Contractor entered into a written agreement with Maxine Oberman (“Oberman”) entitled “Consideration Receipt” pursuant to the terms of which Oberman paid the Contractor Seven Hundred dollars ($700.00) 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 [Seven Hundred dollars ($700.00)] will be credited toward the decided project. If no agreement can be reached, the [Seven Hundred dollars ($700.00)] will be refunded.” 7. On or about September 6, 2001 the Contractor signed a one-page document entitled “Cost Estimate,” in which, after the preprinted heading “Scope of work,” there appeared handwritten the following: “Remodel not to exceed $7,000.00.” 8. On or about September 14, 2001, the Contractor submitted a written proposal to Oberman for remodeling work to be performed at Oberman’s residence at 2900 NE 14* Street, Unit 714, Pompano Beach, Florida totaling Seven Thousand Three Hundred Fifty dollars ($7,350.00). 9. Oberman did not accept the Contractor’s proposal and requested a refund of the Seven Hundred dollars ($700.00). 10. On or about September 25, 2001, the Contractor refused to refund Oberman’s deposit Seven Hundred dollars ($700.00), claiming to have worked 6.75 hours on the project at the previously undisclosed rate of $250.00 per hour, for a total of $1,687.50. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count L 12. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2000), by committing fraud or deceit in the practice of contracting. COUNT YE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count II. 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 I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count mi. 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 signed this AB” day of Ayr 2004. / Lisdine. 2... C. 4 THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: \ L E v vi t y eae and Po gtession2 Theodore R. Gay ent ot cet LERK Assistant General Counsel bee . uN Middl Department of Business and Professional Regulation Puandell 8685 NW 53% Terrace, #100 CLERK - 0-7 Miami, FL 33166 (305) 470-6783 Ext, 2225 DATE TRG/sb Case #2002-001391 PC Found: April 27, 2004 Div t: Kalmanson / Del Vecchio

Docket for Case No: 04-002432PL