@5/12/2018 88:25 May 13 2010 13:47 8584146749 DEPR OGA PAGE 19/24 FILED Departmont of Business and Profesrtoral Regutation Depuly Agenoy Glert CLERK «= Brandon Nichols Date 7182009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2008-045654 MARK JAMES SOUTHWICK, Respondent . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against MARK JAMES SOUTHWICK, (“Respondent”), and saya: 1. Petitioner ig the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, 2. hereto, a and Chapters 455 and 489, Florida Statutes. Respondent .is, ang has been at all times material Certified General Contractor, in the State of Florida, license number CGC 1510812, which is in current and active status. 3. Respondent’s address of record is 12440 Espanol Drive, Punta Gorda, Florida 33955. 4. G:\OGO\PRW\ Caged \Southwick\ad doc At all times material hereto, Respondent was doing May 13 2010 13:47 @5/12/2018 88:25 8584146749 DEPR OGA PAGE 28/24 business as and acting as the primary qualifying agent for MIS Builders, LLC, ("MJS"), a construction qualified business in the State of Florida, having been issued license number OB 46535, which is in current status. 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 specifica job. 6. On or about February 9, 2007, respondent entered into three agreements with homeowner Wayne Foreman to purchase an entrance door, to purchase windows and to provide labor to install the door and windows. 7. The three contracts totaled $87,573.72, of which Respondent accepted a deposit on or around February $3, 2007 totaling $37,000, 8. Respondent proceeded on the installation of the doors and windows without applying to Collier County for the required building permits. G:\OGC\PRW\Cases\Southwick\ac.doc @5/12/2018 88:25 8584146749 DEPR OGA PAGE 21/24 May 13 2010 13:48 COUNT I 9. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein, 10. Based on the foregoing, Respondent violated Section 489.129(1)(o}, Florida Statutes, by failing to obtain permits for work performed on the project. COUNT IT 11. Petitioner ve-alleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 61G4-17.00i(m) 3, Florida Administrati Code, 1a. Heompetence in the practice of provides that mises contracting all include but not limited to the failure to € by the terms of a mediation agree 13. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or jWigmanagement im the practice of contracting as further defined under Rule 61G4-17.001(m)3, Florida Administrative Code. WHEREFORE, Petitioner respectfully requesta | 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 of registration, require financial G1 \OGC\ PRW\ Cages \Southwick\ac.doc 3 May 13 2010 13:48 @5/12/2018 88:25 8584146749 DEPR OGA PAGE 22/24 restitution to a consumer, impose an administrative Fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Chapter 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this [phy aay of CHARLES W. DRAGO, Secretary Department of Business and Profegsional Regulation By: fig eee ee nd Oo ul Richard Waters, Esq. Assistant General Counsel Florida Bar No, 817451 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile PCP Date: los 120% PCP Members: £.edton| Koes G:\OGC\ PRW\Gases\Southwick\ac.doc 4

Docket for Case No: 10-002570PL