BiViSils. Ure, ADMIRISTRA' AE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, laa ; OY 4 ye Case No. 2003-054559 vs. BARCLAY ALAN MAVIS, Respondent. i 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 Untlimited, 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 20, 2002, the Contractor entered into a written agreement with Barry Silverstein (“Silverstein”) entitled “Consideration Receipt” pursuant to the terms of which Sitverstein paid the Contractor One Thousand Two Hundred dollars ($1,200.00) 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 “If [the Contractor] cannot perform scope of work for the decided project within the budget of $12,000, then the [One Thousand Two Hundred dollars ($1,200.00)] will be refunded.” At the time of entering into the agreement, the Contractor assured Silverstein verbally that if Silverstein decided not to remodel or otherwise use the Contractor’s services, the One Thousand Two Hundred dollars ($1,200.00) would be refunded, whereupon Silverstein wrote the words “Refundable Deposit” in the memo section of the check for the One Thousand Two Hundred dollars ($1,200.00) and delivered the check to the Contractor. 7. Approximately one week after entering into the consideration receipt agreement Silverstein notified the Contractor that he had decided not to go forward with remodeling and requested a refund of the One Thousand Two Hundred dollars ($1,200.00). At the Contractor’s 2 request, on or about January 2, 2003, Silverstein gave the Contractor a written refimd request on the Contractor’s refund request form. 8. The Contractor refused to refund Silverstein’s deposit of One Thousand Two Hundred dollars ($1,200.00), claiming to have worked 6.5 hours on the project at the previously undisclosed rate of $250.00 per hour, for a total of $1,625.00. 9. On or about February 23, 2003 Silverstein filed a civil suit against the Contractor in the County Court in and for Miami-Dade County, Florida, Case No. 03-3654 SP23-03 10. The judge in that case granted Silverstein permission to seek punitive damages, following which the Contractor settled the case by paying Silverstein One Thousand Four Hundred dollars ($1,400.00) on or about June 24, 2003. COUNT] 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 12. Based upon the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (2001), by committing fraud or deceit in the practice of contracting. COUNT 13. Petitioner realleges and icorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 14. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2001), by committing incompetency or misconduct in the practice of contracting. COUNT iif 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count TL 16. 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. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2001), by violating any provision of Chapter 455, Florida Statutes. 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 A gr dayor___ Ap ril 2004. F | i jonal Regulation - ¥ Business and Professiona 7 | Deparsrent? DEPUTY CLERK 7, QR. Peugurdat felt “9 THEODORE R. GAY ERK ow “5-12-2004 _ ASSISTANT GENERAL COUNSEL DATE 4 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 #2003-054559 PC Found: April 27, 2004 Div |: Kalmanson / Del Vecchio

Docket for Case No: 04-002434PL