Cif SS i 04 JUL Iu PM 2:9) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, D Y 944 5Pc Case No. 2003-074968 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 C0521 15, 3. Respondent's last known address is 4836 NE 10° Avenue, Oakland Park, Florida 33334. 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 August 6, 2002, the Contractor entered into a written agreement with John and Sheila Samai (“Samais’’) entitled “Consideration Receipt” pursuant to the terms of which the Samais 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.” The agreement further provided that “If [the Contractor] cannot perform scope of work for the decided project within the budget of $15,000, then the [One Thousand Five Hundred dollars ($1,500.00)] will be refunded.” 7. On or about August 6, 2002, the Contractor signed and gave to the Samais a one- page document entitled “Cost Estimate” in which, after the preprinted heading “Scope of Work,” there appeared handwritten the following: “Remodeling not exceed $15,000 Garage conversion.” 8. On or about August 15, 2002, the Contractor submitted a written proposal to the Samais to perform the garage conversion project at the Samais’ residence at 10379 N.W. 14th Place, Coral Springs, Florida, for Twenty Thousand dollars ($20,000.00). The Samais did not accept the Contractor’s proposal and requested a refund of the One Thousand Five Hundred dollars ($1,500.00). 9. On or about August 26, 2002, the Contractor refused to refund to the Samais the One Thousand Five Hundred dollars ($1,500.00), claiming to have worked 7 hours on the Samais’ project at the previously undisclosed rate of $250.00 per hour, for a total of $1,750.00. 10. Onor about October 7, 2003 the Contractor sent a letter to the Samais offering to refund the One Thousand Five Hundred dollars ($1,500.00) in five (5) monthly installment payments of Three Hundred dollars ($300.00) each. The letter included a check for Three Hundred dollars ($300.00) as the first installment payment. 11. The Samais did not cash the check. They responded to the Contractor’s offer by sending the Contractor a letter demanding that the refund be given in one lump sum of One Thousand Five Hundred dollars ($1,500.00). 12. Thereafter, the Contractor failed to refund to the Samais the One Thousand Five Hundred dollars ($1,500.00). COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Based upon the foregoing, the Respondent violated Section 489.129(1)()), Florida Statutes (2001), by committing fraud or deceit in the practice of contracting. COUNT H 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 16. | 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 OT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth im this Count IIL 18. 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. 19. 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 ag day of Ppp , 2004. L E D eo / hsfewe. P.. G.