“iO 04 JUL 14 PH 2:20 UIVE Sto: ADMINIS] HE A. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, pt | ; dee {6 PL Case No. 2003-074878 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 October 14, 2002 the Contractor entered into a written contract with Nerissa Spannos (hereinafter referred to as “Spannos”) to remodel the kitchen at Spannos’ residence located at 13855 NW 22™ Court, Sunrise, Florida. 7. The contract price was Ten Thousand dollars ($10,000.00). 8. On or about November 2002, Two Thousand Seven Hundred Ninety dollars and Forty Three cents ($2,790.43) was added to the contract price due to an upgrade of the kitchen cabinets requested by Spannos. 9. From on or about September 24, 2002 through November 13, 2002 Spannos paid the Contractor a total of Seven Thousand Seven Hundred Ninety dollars and Forty Three cents ($7,790.43). 10. By on or about October 22, 2002, the Contractor had received, as initial payment, money totaling more than 10 percent of the contract price. The Contractor failed to apply for a building permit within thirty (30) days thereafter, and the City of Sunrise building department required one or more building pennits for the project. 11. In or around November, Spannos and the Contractor agreed verbally to postpone the start of the kitchen remodeling work until after the holidays. After the holidays, the Contractor failed without just cause to begin the kitchen remodeling work, thereby abandoning the project. 12. The Contractor did not refind any money to Spannos. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Section 489, 126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2001), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT 0 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 17. Based upon the foregoing, the Respondent violated Section 489. 129(1)@), Florida Statutes (2001), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT HE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida Statutes (2001), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. 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 OS say of Pyar , 2004. FILED ((fetine Tee. Cag Department *OePory ieee Regulation THEODORE R GAY fd ASSISTANT GENERAL COUNSEL WM lichele : COUNSEL FOR DEPARTMENT: Theodore R. Gay 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 #2003-074878 Pc Found: April 27, 2004 Div f: Kaimanson / Del Vecchio

Docket for Case No: 04-002440PL