STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, O>- 1470 PL Petitioner, Case No. 2001-05204 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"). 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 May 30, 2001, the Contractor entered into a written agreement with Paul Z. Okean (“Customer”) entitled “Consideration Receipt” pursuant to the terms of which the Customer paid the Contractor Two Thousand dollars ($2,000.00) in exchange for the Contractor’s promise to perform “... future work to be agreed by the Customer and Contractor.” The agreement further provided that “The [Two Thousand dollars ($2,000.00)] will be credited toward the decided project. If no agreement can be reached, the [Two Thousand dollars ($2,000.00)] will be refunded.” 7. On or about June 5, 2001, the Contractor submitted a written proposal to the Customer for remodeling work to be performed at 1011 Melaleuca Lane, Delray Beach, Florida for Twenty Thousand, Seven Hundred Ninety Five dollars ($20,795.00). 8. The Complainant did not accept the Contractor’s proposal and requested a refund of the Two Thousand dollars ($2,000.00). 9. The Contractor refiused to refund the Customer’s deposit of Two Thousand dollars ($2,000.00). 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)@), Florida Statutes (2000), 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 II. 13. 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. 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 _] 7h day of Soften 2002. ZONSTRUCTION ATTO: y| L E rtment of Business and Profession pena DEPUTY CLERK CHIEF at Regulation PCP: August 27, 2002 CLERK ¢ . G 18-2002 Karcher/Husband DATE COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation Ld 401 NW 2 Avenue #N60Z } (~ Miami, FL 33128 | (305) 377-7115 TRG/sb 7/2102 Case #2001-05204

Docket for Case No: 03-001470PL