04 WI4 PH 2:9, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, bu - ayy PL Case No. 2003-07458 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 qualifymg 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 10, 2003, the Contractor entered into a written agreement with William and Kris Wollesen (“Wollesens”) entitled “Consideration Receipt” pursuant to the terms of which the Wollesens paid the Contractor Five Thousand Five Hundred dollars ($5,500.00) 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 $55,000, then the [Five Thousand Five Hundred dollars ($5,500,00)] will be refunded.” At the time of entering into the agreement, the Contractor assured the Wollesens verbally that if for any reason the Wollesens decided not to use the Contractor’s services, the Five Thousand Five Hundred dollars ($5,500.00) would be refunded. 7. Subsequently the Wollesens decided not to use the Contractor’s services, and on or about April 25, 2003 the Wollesens notified the Contractor and requested a refund of the Five Thousand Five Hundred dollars ($5,500.00). 8. The Contractor refused to refund the Five Thousand Five Hundred dollars ($5,500.00). COUNT I 9. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count L 10. Based upon the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes (2002), by committing fraud or deceit in the practice of contracting. COUNT HE 11, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count II. 12. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2002), by committing incompetency or misconduct in the practice of contracting. COUNT OF 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count II. 14. 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. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2002), 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 admimistrative 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. HN Signed this O-8 day of Pop 2004. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: F \\ 3 a Requan Theodore R. Gay ot Business an er ERK Assistant General Counsel Departmen pEepuT® Cc . Department of Business and J flichalt Professional Regulation 8685 NW 53” Terrace, #100 CLERK 0- 00 Miami, FL 33166 al (305) 470-6783 Ext. 2225 DATE TRG/sb Case #2003-077458 PC Found: April 27, 2004 ; Div |: Kaimanson / Del Vecchio ry

Docket for Case No: 04-002443PL