04 JUL I4 PH 2:48 DIVISIGA AOMINISTRAT LE HEARINGS — STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0 Y- 4 yf 2 0 C Case No. 2003-042665 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 March 4, 2002 the Contractor entered into a written agreement with Bennett and Sabrina Loparo (“Loparos”) entitled “Consideration Receipt” pursuant to the terms of which the Loparos paid the Contractor One Thousand Five Hundred dollars ($1,500.00) in exchange for the Contractor’s promise to perform “... future work to be agreed upon by the Customer and Contractor.” 7. On or about June 17, 2002 the Contractor entered into a written contract with the Loparos to construct an addition to the Loparos’ residence located at 730 South Lake Avenue, Delray Beach, Florida. 8. The contract price was Fifteen Thousand dollars ($15,000.00). 9. Pursuant to the contract, on or about June 17, 2002, the Loparos paid the contractor Six Thousand dollars ($6,000.00). 10. By on or about June 17, 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. The City of Delray Beach building department required one or more building permits for the project. 11. The Contractor failed to commence the project and failed, without just cause, to perform work for more than ninety (90) consecutive days, thereby abandoning the project. 12. After the Contractor’s abandonment of the project, the Loparos demanded that the Contractor return to the Loparos the Seven Thousand Five Hundred dollars that the Loparos paid to the Contractor. The Contractor failed or refused to return the Seven Thousand Five Hundred dollars ($7,500.00), or any portion thereof. 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 pemmit 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 IE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IL. 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 It 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count TI. 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 the 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. an : Signed this a § day of Apr | , 2004. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay ft \ L E 0 prequistion j proitssional Assistant General Counsel of puss a8 LERK Department of Business and Department pEepuTY Cc . Professional Regulation / 8685 NW 53™ Terrace, #100 Miami, FL 33166 Ke "90041 LER (305) 470-6783 Ext, 2225 ol 5 - \0 TRG/sb Case #2003-042665 PC Found: April 27, 2004 Div t: Kalmanson / Del Vecchio

Docket for Case No: 04-002433PL