04 JUL IG PM 2:16 OIVISION & ADMINIS TRATiVe HEARING STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, a oY J4dsPL Case No. 2000-04672 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 December 7, 1999, the Contractor entered into a written agreement with Dror Zipken (“Zipken”) entitled “Consideration Receipt” pursuant to the terms of which Zipken paid the Contractor Two Thousand dollars ($2,000.00) in exchange for the Contractor's promise to perform “... future work which will be agreed upon by the Contractor and Customer.” 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.” At the time of entering into the agreement, Zipken gave the Contractor a check for the Two Thousand dollars ($2,000.00), and the Contractor promised Zipken verbally that the Contractor would not cash the check unless Zipken hired the Contractor. On or about December 8, 1999, the Contractor deposited the check. 7. Thereafter no agreement between Zipken and the Contractor was reached. Zipken requested a refund of the Two Thousand dollars ($2,000.00), but the Contractor failed or refused to do so. 8. On or about April 6, 2000, Zipken filed a lawsuit against the Contractor’s CEO, Douglas Livingston, in the County Court in and for Broward County, Florida, Case No. CO-WE- 00-003190, but the sheriff was unable to locate the defendant to effect service of process. COUNTI 9. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count I. 10. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (Supp. 1998), by committing fraud or deceit in the practice of contracting. COUNT 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count IL. 12. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (Supp. 1998), by committing incompetency or misconduct in the practice of contracting. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count II. 14. 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 Telated to the practice of a profession. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (Supp. 1998), by violating any provision of Chapter 455, Florida Statutes. WHEREFORE, Petitioner respecttiilly 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 ag day of Poors 2004. T kewea. BP... '. THEODORE R. GAY —d ASSISTANT GENERAL COUNSEL F | COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation DEPUTY CLERK Theodore R. Gay . Assistant General Counsel Prardort Michele Department of Business and CLERK Professional Regulation DATE 5 - 0-200 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2000-04672 PC Found: April 27, 2004 Div I: Kalmanson / Del Vecchio

Docket for Case No: 04-002428PL