Lid 04 JUL 1& PM 2:20 GiViS oo ADMINIS TRAIL VE HEARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, b u 9 BE PL Case No. 2003-074825 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 May 9, 2002 the Contractor entered into a written contract with Mike and Patricia Reardon (hereinafter referred to as “Reardons”) to remodel the Reardons’ kitchen located at 4766 Rothschild Drive, Coral Springs, Florida. 7. The contract price was Eleven Thousand Five Hundred dollars ($11,500.00). 8. By on or about May 9, 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. 9. The Reardons paid the Contractor the full contract price, and on or about October 2002 the Contractor completed the project. 10. The Contractor never obtained or applied for any building permits, even though the City of Coral Springs building department required one or more building permits for the project. COUNTI 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 12. 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 permit under the applicable codes and ordinances.” 13. Based upon the foregoing, the Respondent violated Section 489.129(1)@), 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 I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count II. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2001), by proceeding on any job without obtaining applicable local building department permits and inspections. 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. +n Signed this ad day of asa ai L- , 2004. er // 5 fo MOO eee -e.. ae i THEODORE R. GAY ASSISTANT GENERAL COUNSEL ai Regulation COUNSEL FOR DEPARTMENT: F | , rtmant of Business and Profession Theodore R. Gay Depa DEPUTY CLERK Assistant General Counsel WV ); L } Department of Business and Prardm ‘ Professional Regulation CLERK . D- 8685 NW 53” Terrace, #100 DATE 5 \ Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2003-074825 PC Found: April 27, 2004 Div I: Katmanson / Del Vecchio

Docket for Case No: 04-002438PL