FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evetie Lawson-Proctor Date 3/8/2019 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, Petitioner, v. DBPR CASE NO. 2018-045653 ANDREW MASON DIXON, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business & Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I and Division II, against ANDREW MASON DIXON (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165 and Chapters 455 & 489, Florida Statutes. 2. At all times material hereto Respondent was licensed as a Certified Roofing Contractor and a Certified Building Contractor in the State of Florida, having been issued license numbers CCC 56706 and CBC 58235. 3. | Respondent's address of record is 191 N Central Ave., Umatilla, Florida 32784. 4. Atall times material hereto, Respondent was the primary qualifying agent of Mason Dixon Contracting, Inc. (“MDCI’). 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 November 07, 2017, MDCI entered into a written contract for compensation with Donald Fisher (“Homeowner”) to perform regulated construction services at 36615 Jean Drive, Grand Island, Florida. 7. On or about February 23, 2018, Harley Neufer (“Neufer”) was observed performing the contracted work at the worksite as a subcontractor for MDCI. 8. At no time material hereto was Neufer certified or registered to perform roofing work in the State of Florida. 9. Respondent knew or had reasonable grounds to know that Neufer was not certified or registered to perform roofing work in the State of Florida. 10. Based upon the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing an act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting. 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 impose such other and further relief as the Board is authorized to impose under Chapters 489, 455, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE TO FOLLOW) Signed this 26 day of Fenruary, 2019 PC found: 02/26/2019 Il: Cesarone/Moody I: Kane/Sheehan By: HALSEY BESHEARS, Secretary Department of Business and Professional Regulation /s/ James Burkhart James Burkhart Assistant General Counsel Florida Bar No. 119087 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399-2202 (850)717-1041 Telephone (850)921-9186 Facsimile Jim.Burkhart@myfloridalicense.com 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(5), 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: 21-000776PL