Lied Bf! oes Py, 04 JUL Ib PM 2:49 DIVISigk o° ADMINISTRA ir | HEARINGS |” STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 6 U . 4 U x7 PL Case No. 2003-070364 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 February 3, 2003 the Contractor entered into a written agreement with Andrew Leone (“Leone”) entitled “Consideration Receipt” pursuant to the terms of which Leone paid the Contractor Five Thousand Four Hundred dollars ($5,400.00) 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 “If [the Contractor] cannot perform scope of work for the decided project within the budget of $54,000, then the above stated amount will be refunded.” 7. On or about March 14, 2003 the Contractor submitted a proposal to Leone for remodeling work in the amount of Fifty Six Thousand dollars ($56,000.00). 8. Leone did not accept the Contractor’s proposal and requested a refund of the Five Thousand Four Hundred dollars ($5,400.00). 9. On or about April 23, 2003 the Contractor refused to refund Leone’s deposit of Five Thousand Four Hundred dollars ($5,400.00), claiming to have worked 23.5 hours on the project at the previously undisclosed rate of $250.00 per hour, for a total of $5,875.00. COUNTI 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count I. 11. Based upon the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (2002), by committing fraud or deceit in the practice of contracting. COUNT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count IJ. 13. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2002), by committing incompetency or misconduct in the practice of contracting. COUNT Il 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though filly set forth in this Count HI. 15, 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. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2002), 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 Tegistration, 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 AS say of hp vil , 2004. } Lscio . PE... G. “4 THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: \ t i} ion sora ROO” Theodore R. Gay t 5 gat Peoteesy’ Assistant General Counsel of BITTY CLER! ! Department of Business and pane" DEP Al ‘ Professional Regulation ’ 8685 NW 53” Terrace, #100 ~ Miami, FL 33166 crerK - (305) 470-6783 Ext. 2225 TRG/sb Case #2003-070364 PC Found: April 27, 2004 Div |: Kalmanson / Del Vecchio

Docket for Case No: 04-002437PL