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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs LUCIUS PATRICK CLARK, 99-000261 (1999)

Court: Division of Administrative Hearings, Florida Number: 99-000261 Visitors: 26
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: LUCIUS PATRICK CLARK
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jan. 19, 1999
Status: Closed
Recommended Order on Tuesday, October 31, 2000.

Latest Update: Aug. 01, 2001
Summary: Respondent assisted an unlicensed person to practice contracting, having reasonable grounds to know that the person was unlicensed. Respondent abandoned a construction project.
2 pee Rese ttt’ 10-3|-CO- Final Order No. BPR-2001-03210 Date: AT FILED 2-30-01 Department of Business and Professional Regulation By: STATE OF FLORIDA AGENCY CLERK Sarah Wachman, Agency Clerk CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, -VS- LUCIUS PATRICK CLARK, Respondent. FINAL ORDER CASE NOS:: 97-21762 98-19860 DOAH CASE Nos.: 98-4859 —EHP~CL0S . 99-0261 : LICENSE NO.: CG C058099 THIS MATTER came before the Construction Industry Licensing Board (hereinafter — referred to as the “Board”) pursuant to Section 420.57(1)(I), F.S., on May 10, 2001, in Dania, Florida, for consideration of the Recommended Order fa copy of which is attached hereto and incorporated h herein by reference issued by the Administrative Law Judge i in the : “above sted « case. “the Petitioner was represented by Robert A. Crabill, Esq. The Respondent was s present at the Board meeting: and was represented by his Counsel, Richard F. Hayes, Esq. Upon consideration of the Administrative Law Judge’s Recommended Order and the SRM geperter one eee Fa © Mee arguments of the parties and after a review of the complete record in this matter, the Board makes the following findings: : FINDINGS OF FACT 1. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is clear and convincing evidence to support the Administrative Law Judge’s Findings of Fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted in toto and incorporated herein by reference. 3. Count Il of the Administrative Complaint in Case No. 97-21762 (DOAH Case No. 98-4859) is hereby DISMISSED. 4. Respondent is guilty of violating Sections 489.129(1)}{e), and (k), Florida Statutes (1997). 5. There is clear and convincing evidence to support the Board's findings and conclusions. THEREFORE, IT IS ORDERED AND ADJUDGED: . 1, Respondent's license is hereby REVOKED. 2. Respondent shall pay costs in the amount of One Thousand Six Hundred Seventy-Eight Dollars and Thirteen Cents ($1 678.13) to the Board, and restitution in the amount of Nineteen T Eight Dollars ($19,688.00) to Susan Casper. Said costs and restitution shall be paid within thirty (30) days after the date of ote peep pee & filing of the Final Order. A change in your licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of your license does not relieve you of your obligation to pay any fines, costs, interest, or restitution imposed in this order. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing an original Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the clerk of the Department of Business and Professional Regulation. Wr f day of iL , 2001. DONE AND ORDERED this CBr PAUL T. MCKITRICK, Chair Construction Industry Licensing v Board . : cern ert me ger gM te RRR rer SIE REET RET I ae Set one reignite a a CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Lucius Patrick Clark, 20505 N.W. 24" Avenue, Miami, Florida 33056; Richard F. Hayes, Esq., 10300 Sunset Drive, Suite 499, Miami, Florida 33173; to Errot H. Powell, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; by hand delivery/United States Mail to the Construction Industry Licensing Board, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 3221 1-7467, and to Robert A. Crabill, Esq., Lead Construction Attorney, Office of the General Counsel, 1940 North Monroe Street, Suite 60, Tallahassee Florida 32399, on or before 5:00 p.m., this _3i’” day of July , 2001.

Docket for Case No: 99-000261
Issue Date Proceedings
Aug. 01, 2001 Final Order filed.
Nov. 17, 2000 Letter to R. Hayes from Judge Powell In re: incorrect address filed.
Oct. 31, 2000 Recommended Order issued (hearing held October 15, 1999, December 9, 1999, February 4, 2000, and May 3, 2000) CASE CLOSED.
Sep. 11, 2000 Respondent`s Proposed Recommended Order filed.
Jul. 19, 2000 Petitioner`s Status Report (filed via facsimile)
Jul. 19, 2000 Order Granting Extension of Time sent out.
Jul. 12, 2000 Order Granting Extension of Time sent out.
Jul. 06, 2000 Emergency Motion for an Extension of Time for Respondent Lucius P. Clark to File Proposed Recommended Order (filed via facsimile)
Jun. 20, 2000 Ltr. to R. Hayes from D. Perera In re; transcripts (filed via facsimile).
Jun. 16, 2000 Ltr. to Judge Powell from R. Hayes RE: Proposed Recommended Order (filed via facsimile).
Jun. 13, 2000 Petitioner`s Proposed Recommended Order (filed via facsimile).
May 23, 2000 CASE STATUS: Hearing Partially Held; continued to October 15, 2000
May 16, 2000 Transcript filed.
May 16, 2000 Transcript filed.
May 03, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 03, 2000 Transcript filed.
Mar. 31, 2000 Notice of Hearing sent out. (hearing set for May 3, 2000; 9:00 a.m.; Miami, FL)
Mar. 28, 2000 Petitioner`s Status Report (filed via facsimile).
Feb. 25, 2000 Exhibits (List); Certification of Reporter filed.
Feb. 24, 2000 CASE STATUS: Hearing Held.
Jan. 13, 2000 Transcript filed.
Jan. 07, 2000 Transcript filed.
Dec. 30, 1999 Notice of Hearing sent out. (hearing set for February 24, 2000; 9:00 a.m.; Miami, FL)
Dec. 17, 1999 Petitioner`s Status Report (filed via facsimile).
Dec. 09, 1999 Hearing Partially Held, continued to date not certain.
Nov. 02, 1999 Amended Notice of Hearing sent out. (hearing set for December 9, 1999; 9:00 a.m.; Miami, FL)
Oct. 15, 1999 Hearing Partially Held, continued to date not certain.
Oct. 13, 1999 Separate Proposed Pre-Hearing Statement of Respondent, Lucius Patrick Clark (filed via facsimile).
Oct. 06, 1999 Amended Notice of Video Hearing sent out. (hearing set for October 15, 1999; 9:30 a.m.; Miami and Tallahassee, FL)
Oct. 01, 1999 Petitioner`s Unilateral Prehearing Stipulation (filed via facsimile).
Aug. 12, 1999 Order of Pre-hearing Instructions sent out.
Aug. 12, 1999 Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for October 15, 1999; 9:30 a.m.; Miami, FL)
Aug. 10, 1999 Conditional Notice of Appearance on behalf of Respondent, Lucius Patrick Clark Conditioned Upon a Continuance of 8/13/99 Hearing Motioned Herein (filed via facsimile).
Aug. 04, 1999 Amended Notice of Video Hearing sent out. (hearing set for August 13, 1999; 9:30 a.m.; Miami and Tallahassee, FL)
Jun. 24, 1999 Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for 9:30am; 8/13/99)
Jun. 22, 1999 Petitioner`s Second Motion to Reschedule (filed via facsimile).
Jun. 18, 1999 Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for 9:30am; Miami; 8/6/99)
Jun. 15, 1999 Petitioner`s Motion to Reschedule Hearing (filed via facsimile).
Jun. 10, 1999 Third Notice of Hearing sent out. (hearing set for 9:30am; Miami; 8/20/99)
May 27, 1999 Petitioner`s Status Report (filed via facsimile).
May 13, 1999 Order Granting Continuance sent out. (5/14/99 hearing cancelled, parties to provide suggested hearing information by 6/14/99)
May 12, 1999 Petitioner`s Motion for Continuance (filed via facsimile).
Apr. 14, 1999 (Petitioner) Notice of Compliance With Order of Prehearing Instructions (filed via facsimile).
Feb. 25, 1999 Notice of Hearing sent out. (hearing set for 5/14/99; 9:30am; Miami)
Feb. 25, 1999 Notice of Hearing sent out. (hearing set for 5/14/99; 9:30am; Miami)
Feb. 25, 1999 Order of Prehearing Instructions sent out.
Feb. 25, 1999 Order of Consolidation sent out. (Consolidated cases are: 98-4859 & 99-0261)
Feb. 01, 1999 (Petitioner) Response to Initial Order (filed via facsimile).
Jan. 21, 1999 Initial Order issued.

Orders for Case No: 99-000261
Issue Date Document Summary
Jul. 31, 2001 Agency Final Order
Oct. 31, 2000 Recommended Order Respondent assisted an unlicensed person to practice contracting, having reasonable grounds to know that the person was unlicensed. Respondent abandoned a construction project.
Source:  Florida - Division of Administrative Hearings

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