04 JUL 14 PM 2:29 DIVILISH C ADMIN'S TRA: HEARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ou dU {PL Case No. 2003-074946 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 April 3, 2002, the Contractor entered into a written agreement with Brian and Meghan Nicoletti (“Nicolettis”) entitled “Consideration Receipt” pursuant to the terms of which the Nicolettis paid the Contractor Five Thousand dollars ($5,000.00) 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 [Five Thousand dollars ($5,000.00)] will be credited toward the decided project. If no agreement can be reached, the [Five Thousand dollars ($5,000.00) will be refunded.” 7. Thereafter no agreement between the Nicolettis and the Contractor was reached, and on or about April 24, 2002, the Nicolettis requested a refund of the Five Thousand dollars ($5,000.00). 8. The Contractor refused to refund to the Nicolettis the Five Thousand dollars ($5,000.00). 9. On or about April 24, 2002 the Nicolettis filed a complaint with the Board of County Commissioners of Broward County, Florida, Consumer Affairs Division (“Consumer Affairs”) regarding the Contractor’s failure to refund the Five Thousand dollars ($5,000.00). 2 10. On or about July 17, 2002 Consumer Affairs conducted a hearing. At the hearing the Contractor claimed to have worked 14 hours on the Nicolettis’ proposed remodeling project at the previously undisclosed rate of $250.00 per hour, for a total of $3,500.00. Following the hearing, Consumer Affairs issued to the Contractor a Demand to Cease and Desist, finding that the Contractor had engaged in conduct constituting “unfair and deceptive trade practices” and ordering the Contractor to cease and desist from failing to refund the Five Thousand dollars ($5,000.00) paid by the Nicolettis. 11. The Contractor attempted to appeal the decision of Consumer Affairs by filing a petition for a writ of certiorari with the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Case No. 02-15956(25). On or about January 17, 2003, the Contractor’s petition was denied. 12. On or about October 7, 2003 the Contractor sent a letter to the Nicolettis offering to refund the Five Thousand dollars ($5,000.00) in five (5) monthly installments of One Thousand dollars ($1,000.00) each. 13. On or about October 27, 2003 the Nicolettis sent a letter via Certified Mail to the Contractor advising that they would accept the refund in one lump sum of Five Thousand dollars ($5,000.00) to be remitted within seven (7) days of the receipt of the letter. 14. The Contractor thereafter failed to refund to the Nicolettis the Five Thousand doltars ($5,000.00), or any portion thereof. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IL. 16. | 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 H 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 18. 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 Ii! 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count HT. 20. Section 455.227(1)(m), Florida Statutes, provides that the following shall constitute grounds for disciplinary action: Making deceptive, untrue, or fraudulent Tepresentations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 21. 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 45 5.227(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 QSt day of Popact , 2004. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: d Theodore R. Gay F \ L professional Reguiation Assistant General Counsel tof BUSINESS TO ERK Department of Business and Departmen DEPUTY ); I li Professional Regulation {Vl : 8685 NW 53” Terrace, #100 u Miami, FL 33166 CLERK -, 305) 470-6783 Ext, 2225 (305) 47 ATE TRG/sb Case #2003-074946 PC Found: April 27,2004 Div I: Kaimanson / Del Vecchio

Docket for Case No: 04-002441PL