Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATY pate 7H10/2014 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2013-027967 MARK ANTHONY MCGUIRE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Amended Administrative Complaint before the Construction Industry Licensing Board, Division I, against Mark Anthony McGuire (“Respondent”) and alleges: 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. At all times material hereto, Respondent was licensed as a Certified Residential Contractor in the State of Florida, having been issued license number CRC 57893, 3. Respondent's address of record is 900 Cesery Boulevard, Suite 109, Jacksonville, Florida, 32211. 4. At all times material hereto, Respondent was the primary qualifying agent of Jacksonville Home Improvements Inc. (“Jacksonville Home”). 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. At no time material hereto was Respondent properly licensed to act in the capacity of a contractor under the name Home & Patio Design & Construction, Inc. (“Home & Patio”). 7. On or about August 16, 2012, Respondent entered into a written contract with Shirley Brown (“Complainant”) for improvements to Complainant’s residential real property located at 9534 Flechette Avenue, Jacksonville, Florida 32208, 8. The contract price was $19,500.00, of which Respondent accepted an initial deposit of $6,638.68. 9. Respondent failed to apply for a required permit within 30 days after receiving an initial deposit amounting to more than ten percent of the total contract price. 10. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 11. Home & Patio’s name is used on the contract. COUNT ONE 12, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. Section 489.126(2) (a), Florida Statutes (2012), states that a contractor who receives, as an initial payment, money totaling more than ten 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, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 14. Based upon the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes (2012), by failing in any material respect to comply with the provisions of chapter 489, part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.126(2) (a), Florida Statutes (2012). COUNT TWO 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 16. Based upon the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes (2012), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT THREE 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 18. Based upon the foregoing, Respondent violated section 489.129(1) (£), Florida Statutes (2012), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration. 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 $10,000 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 24t° day of June , 2014, KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ John Edward Villafrate John Edward Villafrate Assistant General Counsel Florida Bar No. 0100068 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399~2202 (850) 717-1226 Telephone (850) 921-9186 Facsimile Respondent Mark Anthony McGuire DBPR Case Number 2013-027967 Probable Cause Found 06/24/2014 By: Sheehan/Bonuso | ; ' } | | ' | | | i i } ' : ' | : ' | : NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28- 106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 14-004565PL