17-004510PL Department Of Business And Professional Regulation, Construction Industry Licensing Board vs. Mark Lewis Jenkins
 Status: Closed
Recommended Order on Thursday, September 14, 2017.


View Dockets  
Summary: Proof that Respondent assisted an unlicensed person to evade the provisions of chapter 489 and obtained a building permit without entering into a contract warranted fine and suspension.

1Upon review of the Recommended Order, and having heard argument of the parties and

15after a review of the complete record in this case, the Board makes the following findings and

32conclusions:

33EXCEPTIONS

34I. Neither Respondent nor Petitioner filed Exceptions to the Recommended Order's

45Findings ofFact.

472. Neither Respondent nor Petitioner filed Exceptions to the Recommended Order's

58Conclusions of Law.

61FINDINGS OF FACT

643. There is competent, substantial evidence to support the Findings of Fact made in the

79Recommended Order.

814. Accordingly, the Findings of Fact set forth in the Recommended Order are hereby

95approved, adopted, and incorporated by reference as the Findings of Fact ofthe Board.

108CONCLUSIONS OF LAW

1115. The Board has personal and subject matter jurisdiction of this cause pursuant to sections

126120.569; 120.57(1 ); and Chapters 455; 489, Florida Statutes.

1356. The Board does not find a more reasonable interpretation of the law than that which was

152found by the Administrative Law Judge.

1587. Accordingly, the Conclusions of Law set forth in the Recommended Order are approved,

172adopted and incorporated herein by reference.

178WHEREFORE, based on the Findings of Facts and Conclusions of Law, the

190Administrative Law Judge's Recommendation is ACCEPTED.

196WHEREFORE, it is hereby ORDERED and ADJUDGED that the following penalty is

208imposed against the Respondent:

2128. Respondent shall pay an administrative fine in the amount of $8,500.00 and investigative

227costs in the amount of $171.66. Fines and costs shall be paid within thirty (30) days after the

245date of filing of the Final Order. Payments should be made payable to the "Department of

261Business and Professional Regulation," and sent to the Department of Business and Professional

274Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039. To ensure proper credit,

286the Respondent's name, case number, and reason for payment should be included.

2989. Respondent is hereby placed on PROBATION for two (2) years, with four ( 4)

313satisfactory appearances with the following conditions:

319a. Respondent is required to appear before the Board at such times as directed by the Board

336Office, approximately every six (6) months. Respondent's first probationary appearance requires

347a full day attendance at the Board meeting. In connection with each probation appearance,

361Respondent shall answer questions under oath. In addition, Respondent shall provide such other

374information or documentation as is requested by either the Petitioner, Department, or the Board.

388Respondent shall forward said documentation to the Board at least 30 days in advance of the

404probation appearance or as otherwise directed.

410b. The burden shall be solely upon Respondent to remember the requirement for said

424appearance and to take the necessary steps in advance of said appearance to contact the Board

440office and ascertain the specific time, date, and place of said appearance. Respondent shall not

455rely on notice of said appearance from the Board or the Department.

467c. Should Respondent violate any condition of the probation, it shall be considered a

481violation of Section 489 .129(1 )(i), Florida Statutes, and shall result in further disciplinary action

496by the Board.

499d. Should the Respondent fail to make a satisfactory appearance as determined by the

513Board, the term of the probationary period shall automatically be extended by six (6) months,

528with 1 additional satisfactory appearance. If there occurs a second such failure then the term of

544probationary period will be extended an additional year, with 2 additional satisfactory

556appearances. Should the Board determine a third failure of the Respondent to make a

570satisfactory appearance, the stay of suspension of the Respondent's license to practice contracting

583shall be lifted and the license shall remain in suspended status unless and until a further stay is

601granted by the Board, or the time period for probation, with the addition of six (6) months,

618expires.

619e. Should Respondent's license to practice contracting be placed on inactive status, the

632probation period shall be tolled during the period of inactivity and shall resume running at the

648time the Respondent reactivates the license and Respondent shall serve the time remaining on the

663term of probation.

666f. To ensure successful completion of probation, Respondent's license to practice

677contracting shall be suspended for the period of probation, with the suspension stayed for the

692period of probation. The time of the suspension and the stay shall run concurrently with the

708period of probation. If Respondent successfully completes probation, the suspension shall

719terminate. If Respondent fails to comply with the requirements set forth in the Final Order

734imposed in this case, or fails to make satisfactory appearances as determined by the Board, the

750stay shall be lifted. Once the stay is lifted, the license shall remain in suspended status unless

767and until a further stay is granted by the Board, or the time period for probation, with the

785addition of six (6) months, expires.

79110. In addition, Respondent shall complete seven (7) additional credit hours of live

804continuing education which must be related specifically to Chapter 489 and related rules, within

818one (1) year. The seven (7) hours ordered shall be in addition to the continuing education

834required by Rule 61G4-18.001, F.A.C. Proofofthe seven (7) additional hours must be supplied

847directly to Executive Director of the Construction Industry Licensing Board at P.O. Box 5257,

861Tallahassee, FL 32314-5257. Failure to provide such proof direct to the Executive Director will

875result in a violation of this Order.

88211. A change in licensure status, including the suspension, revocation, voluntary

893relinquishment, or involuntary relinquishment of license does not relieve Respondent of the

905obligation to pay any fines, costs, interest or restitution imposed in this Order.

918This Final Order shall become effective upon filing with the Clerk of the

931Department of Business and Professional Regulation.

937DONE AND ORDERED this l5-th day of J)ecember , 2017.

946Construction Industry Licensing Board

950NOTICE OF RIGHT TO JUDICIAL REVIEW

956A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

969JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW

978PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE

987PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

998NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF

1009BUSINESS AND PROFESSIONAL REGULATION AND A SECOND COPY,

1017ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT

1027COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL

1039IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF

1050APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER

1063TO BE REVIEWED.

1066CERTIFICATE OF SERVICE

1069I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

1085provided by U.S. Mail to: MARK LEWIS JENKINS, 605 Belvedere Rd. #9, West Palm Beach,

1100FL 33405 and Labeed Chaudhry, Esq., 4420 Beacon Cir., West Palm Beach, FL 33407; and by

1116hand/interoffice delivery to the Construction Industry Licensing Board, P.O. Box 5257,

1127Tallahassee, FL 32314-5257; Ian Brown, Chief Construction Attorney, Office of the General

1139Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039, and Rachel W. Clark,

1151Assistant Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, this

1161day of -::f"Aol.\.7 ,p ?,0\\S e.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/08/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 01/05/2018
Proceedings: Agency Final Order
PDF:
Date: 09/14/2017
Proceedings: Recommended Order
PDF:
Date: 09/14/2017
Proceedings: Recommended Order. CASE CLOSED.
PDF:
Date: 09/14/2017
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 08/24/2017
Proceedings: Notice of Appearance (James Burkhart) filed.
Date: 08/23/2017
Proceedings: Notice of Filing Exhibits to Joint Pre-hearing Stipulation filed (confidential information not available for viewing).  Confidential document; not available for viewing.
PDF:
Date: 08/23/2017
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 08/22/2017
Proceedings: Order Canceling Hearing and Setting Filing Date for Proposed Recommended Orders (proposed recommended orders due by September 1, 2017).
PDF:
Date: 08/21/2017
Proceedings: Joint Pre-Hearing Stipulation filed.
PDF:
Date: 08/15/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/15/2017
Proceedings: Notice of Hearing by Video Teleconference (hearing set for October 2, 2017; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Date: 08/15/2017
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 08/10/2017
Proceedings: Notice of Telephonic Case Management Conference (case management conference set for August 15, 2017; 10:00 a.m.).
PDF:
Date: 08/10/2017
Proceedings: Joint Motion for Telephonic Case Management Conference filed.
PDF:
Date: 08/09/2017
Proceedings: Initial Order.
PDF:
Date: 08/09/2017
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 08/08/2017
Proceedings: Administrative Complaint filed.
PDF:
Date: 08/08/2017
Proceedings: Order filed.
PDF:
Date: 08/08/2017
Proceedings: Agency referral filed.

Case Information

Judge:
F. SCOTT BOYD
Date Filed:
08/09/2017
Date Assignment:
08/09/2017
Last Docket Entry:
01/08/2018
Location:
West Palm Beach, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (13):

Related Florida Rule(s) (1):