FILED Department of Susiness and Professional Repuletion Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI pte 7/40/2044 Fite # DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION, Petitioner, Vv. Case No. 2012-025303 MARK ANTHONY MCGUIRE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this 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. On or about April 22, 2011, Respondent entered into a written contract with Tina Montoya (“Complainant”), for construction of an addition onto Complainant’s residence located at 53 Habersham Drive, Flagler Beach, Florida, 32136. 7. The original contract price was $20,000.00, of which Respondent accepted $19,800.00. 8. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 9. The contract fails to contain a statement notifying Complainant of Complainant’s rights under the Florida Homeowner’s Construction Recovery Fund. COUNT ONE 10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. ll. Based upon the foregoing, Respondent violated section 489.129(1) (3), Florida Statutes (2012), by abandoning a | { { i { i 1 i 1 i i i i } { construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Section 489.1425(1), Florida Statutes (2011), provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the recovery fund, except where the value of all labor and materials does not exceed $2,500.00. 14. Based on the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes (2011), by failing 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 489.1425, Florida Statutes (2011). 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 24°" 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 Probable Cause Found 06/24/2014 By: Sheehan/Bonuso 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: 14-004649PL