St iy fa STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0 | . fe) i ( J q p ( Case No. 2001-04644 vs. BARCLAY ALAN MAVIS, Respondent. Tf 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 April 12, 2001, the Contractor entered into a written agreement with Anita and Stephen Platt (“Platts”) entitled “Consideration Receipt” pursuant to the terms of which the Customer paid the Contractor One Thousand dollars ($1,000.00) 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 [One Thousand dollars ($1,000.00)] will be credited toward the decided project. If no agreement can be reached, the [One Thousand dollars ($1,000.00)] will be refunded.” 7. Thereafter no agreement between the Contractor and the Platts was reached, and on or about May 9, 2001 the Platts requested a refund of the One Thousand dollars ($1,000.00). 8. The Contractor refused to refund the Customer’s deposit of One Thousand dollars ($1,000.00). 9. Thereafter, the Platts filed a civil suit against the Contractor in the County Court in and for Broward County, Florida, Case No. CO-WE-01-007994. 10. On or about January 3, 2002, after a trial before the court, a Final Judgment was awarded in favor of the Platts and against the Contractor in the sum of Seven Hundred Fifty dollars ($750.00) on principal, with costs of One Hundred Fifteen dollars (115.00), for a total of Eight Hundred Sixty Five dollars ($865.00). 11. On or about May 23, 2002, the Contractor satisfied the Final Judgment by paying the Platts Eight Hundred Ninety Seven dollars and Fifty Five cents ($897.55). COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. Based upon the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (2000), by committing fraud or deceit in the practice of contracting. COUNT 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 15. 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 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though filly set forth in this Count TI. 17. 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. 18. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2000), by violating any provision of Chapter 455, Florida Statutes. COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IV. 20. Chapter 61G4-17.001(23), Florida Administrative Code, states: for purposes of Section 489.129(1)(r) [now 489.129(1 (q)], F.S., “reasonable time” means ninety (90) days following the entry of a civil judgment that is not appealed. The board will consider a mutually agreed upon payment plan as satisfaction of such a judgment so long as the payments are current. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(q), Florida Statutes (2001), by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession. 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 fo Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. 4~ t Signed this Bly day of rput , 2004. THEODORE R. GAY 7d ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay F Assistant General Counsel Department of Business and Departmeny of nea l E D Professional Regulation DEPUTY Pratessionay A 8685 NW 53™ Terrace, #100 CLERK ~ "?0ulation Miami, FL 33166 “5 Laser, of (305) 470-6783 Ext. 2225 DATE we ‘lechedy TRG/sb Case #2001-04644 PC Found: April 27, 2004 ; Div I: Kalmanson / Del Vecchio

Docket for Case No: 04-002429PL