APH Stone Solutions Failure to do a job paid for. Tampa Florida

On Dec. 8, 2017, I took a client to the granite dealer to pick out granite, upon arrival APH Stone Solutions's owner Alcides Pardo took a deposit from me in the amount of $3,800.00 for a $7,000 granite job.  Then we were sent to the distributor to pick out the granite.  The distributor called and veirfied deposit amount.  As of January 15, 2018 Mr. Pardo, had failed to complete the job and began threatenig me that maybe he will hold the job another week.  He was asked repeatedly to just do the job before the customer sues. 

He continued to scream and therefore I hung up.  On January 16, 2018 Mr. Pardo was issued a demand letter requesting a full refund of the deposit.  On January 23, 2018, Mr. Pardo contacted me to speak of refunding the money and said he would have a check ready between 9 am and 10 am, on January 24, 2018.  I showed and waited until well after 10 and he did not show up.  He is avoiding my calls and according to knowledge and belief there are several other customers of his in the same boat right now.  It is now January 25, 2018 and I am proceeding legally and going to request the maximum fines and penalties as well as criminally be prosecuted.