FILED Oepartment of Business and Professional Reputation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pae 70/2014 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-003592 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 October, 20, 2012, Respondent entered into a written contract with Willie Mae Shellman (“Complainant”) for renovations to Complainant's residence located at 1730 23*° Street East, Jacksonville, Florida, 32206. 7. The original contract price was $6,990.00 and a verbal agreement for an unspecified amount was later added. Respondent accepted $23,572.05. 8. At the time Respondent entered into the contract, his license was suspended. 9. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. COUNT ONE 10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 11. 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 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 489.127(1) (f£), Florida Statutes (2012), prohibits a person from engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. 14. Section 489.127(1), Florida Statutes (2012), states that for the purposes of this subsection, a person or business organization operating on an inactive or suspended certificate or registration is not duly certified or registered and is considered unlicensed. 15. Based upon the foregoing, Respondent violated section 489,129(1) (i), Florida Statutes (2012), by violating a provision of chapter 455, Florida Statutes (2012), by having violated section 489.127(1) (£), Florida Statutes (2012). WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, ' i ‘ | ; : | / | ' i 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. i | t i : ' : i i Q | | | i | | '

Docket for Case No: 14-004563PL