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
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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 . :
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ae
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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.
|