Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: MARK N. DODDS
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Nov. 30, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 24, 2018.
Latest Update: Dec. 23, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK vette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI pate 40/13/2017
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2016-053600
ECLB
MARK N, DODDS,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation (“Petitioner”) files this
Administrative Complaint against Mark N. Dodds (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating the practice of electrical
contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida
Statutes.
2. Petitioner has jurisdiction over the unlicensed practice of electrical contracting
pursuant to sections 455.227, 455.228, and 489.531, Florida Statutes,
3. At no time material hereto was Respondent duly registered or certified to engage
in the practice of electrical contracting pursuant to chapter 489, Florida Statutes.
4. At no time material hereto was Cabinet Market Daytona LLC an entity properly
qualified under the provisions of chapter 489, Florida Statutes.
5. Respondent’s last known address is 2271 8. Ridgewood Avenue, South Daytona,
Florida 32119.
6. On or about June 10, 2016, Respondent, D/B/A Cabinet Market Daytona LLC,
offered, contracted, or performed regulated electrical contracting services, including but not
limited to, installing can lights and recessed lighting at 466 Bouchelle Drive, Unit 105, New
Smyrna Beach, Florida 32169,
7s Respondent offered, contracted, or performed the regulated services at issue for
compensation.
8. Section 455.227(1)(q), Florida Statutes, provides “violating... the applicable
professional practice act...” shall constitute grounds for which disciplinary actions may be taken.
9. Section 489.531(1)(a), Florida Statutes, provides “a person may not practice
[electrical] contracting unless the person is certified or registered.”
10. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida
Statutes, by practicing electrical contracting without the requisite license, in violation of section
489.531(1)(a), Florida Statutes.
WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of
the following: an administrative fine, assessment of costs related to the investigation, and/or any
other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
(SIGNATURE PAGE FOLLOWS)
Signed this 2nd day of October, 2017.
JONATHAN ZACHEM, Secretary
Department of Business and
Professional Regulation
By: /s/ er Maas
Roger Maas
Florida Bar No. 128296
Assistant General Counsel
Office of the General Counsel
Unlicensed Activity
Department of Business and
Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399
Ph: (850) 717-1210
Contact Information: Please call Robert Sears (850) 717-1205 for more information
PC Found: October 2, 2017
By: DBPR
CL
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 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. 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. 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.
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: 17-006472
Issue Date |
Proceedings |
Jan. 24, 2018 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 23, 2018 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 19, 2018 |
Order of Pre-hearing Instructions.
|
Jan. 19, 2018 |
Notice of Hearing by Video Teleconference (hearing set for March 20, 2018; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
|
Jan. 17, 2018 |
Amended Order Granting Motion to take Official Recognition.
|
Jan. 16, 2018 |
Joint Response to Order Granting Continuance filed.
|
Jan. 16, 2018 |
Order Granting Motion to Take Official Recognition.
|
Jan. 12, 2018 |
Order Granting Continuance (parties to advise status by January 17, 2018).
|
Jan. 12, 2018 |
Petitioner's Motion to take Official Recognition filed.
|
Jan. 12, 2018 |
Respondent's Motion to Continue Hearing Date filed.
|
Jan. 11, 2018 |
Notice of Appearance (Francis Rapprich) filed.
|
Dec. 29, 2017 |
Notice of Petitioner's First Interlocking Discovery Requests filed.
|
Dec. 28, 2017 |
Notice of Court Reporter filed.
|
Dec. 06, 2017 |
Order of Pre-hearing Instructions.
|
Dec. 06, 2017 |
Notice of Hearing by Video Teleconference (hearing set for January 31, 2018; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
|
Dec. 05, 2017 |
Order of Consolidation (DOAH Case Nos. 17-6472 and 17-6473).
|
Dec. 04, 2017 |
Joint Response to Initial Order filed.
|
Dec. 04, 2017 |
Joint Response to Initial Order filed.
|
Nov. 30, 2017 |
Initial Order.
|
Nov. 30, 2017 |
Administrative Complaint filed.
|
Nov. 30, 2017 |
Election of Rights filed.
|
Nov. 30, 2017 |
Agency referral filed.
|