§ 26-129. Revocation or suspension of certificate or registration; additional penalties and disciplinary action.

(a)

On its own motion or the verified written complaint of any person, the board may investigate the action of any contractor certified or registered under this division and hold hearings pursuant to law. When any complaint involves a contractor certified or registered under this division for acts or omissions occurring in any area of the county that has a local board, the board shall forward the complaint to the local board where the alleged violation occurred for its action. Where no local board exists, or when such local board waives its jurisdiction, the board shall take jurisdiction. The board may take appropriate disciplinary action if the contractor is found to be guilty of or has committed any one of the acts or omissions constituting cause for disciplinary action set out herein or adopted as rules or regulations by the board.

(b)

The following acts constitute cause for disciplinary action:

(1)

Obtaining a certificate or registration by fraud or misrepresentation;

(2)

Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting;

(3)

Violation of F.S. ch. 455;

(4)

Willfully or deliberately disregarding and violating the applicable building codes or laws of the state, this board, or of any municipality or county of this state;

(5)

Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered;

(6)

Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with the intent to evade the provisions of this division. When a certificate holder or registrant allows his certificate or registration to be used by one or more business organizations without having any active participation in the operations, management, or control of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this division.

(7)

Acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificate holder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificate holder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this division.

(8)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when:

a.

Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens.

b.

The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned.

c.

The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer.

(9)

Being disciplined by any municipality or county for an act or violation of this division, which discipline shall be reviewed by the board before the board takes any disciplinary action of its own.

(10)

Failing in any material respect to comply with the provisions of this division.

(11)

Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates the project without notification to the prospective owner and without just cause.

(12)

Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor, and materials which results in a financial loss to the owner; purchaser, or contractor; or falsely indicating that workers' compensation and public liability insurance are provided.

(13)

Being found guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of contracting.

(14)

Proceeding on any job without obtaining applicable local building department permits and inspections.

(c)

If a contractor disciplined under subsection (b)(12) is a qualifying agent for a business organization and the violation was performed in connection with a construction project undertaken by that business organization, the board may impose an additional administrative fine not to exceed $1,000.00 against the business organization or against any partner, officer, director, trustee, or member if such person participated in the violation or knew or should have known of the violation and failed to take reasonable corrective action.

(d)

The board may specify by rule the acts or omissions which constitute violations of this section.

(e)

The board is authorized to take the following disciplinary action:

(1)

Suspend the certificate holder or registrant from all operations as a contractor during the period fixed by the board, but the board may permit the certificate holder or registrant to complete any contracts then uncompleted.

(2)

Revoke a certificate or registration.

(3)

Impose an administrative fine or penalty not to exceed $1,000.00 (which shall be recoverable by the board only in an action at law).

(4)

Require restitution and impose reasonable investigative and legal costs.

(f)

After suspension of the certificate or registration on any grounds set forth in this section, the board may remove the suspension on proof of compliance by the contractor with all conditions prescribed by the board for removal of suspension, or, in the absence of the conditions, as in the sound discretion of the board.

(g)

After revocation of a certificate or registration, the certificate or registration shall not be renewed or reissued for at least one year after revocation and then only on a showing of rehabilitation of the contractor. The lapse or suspension of a certificate or registration by operation of law or by order of the board or a court, or its voluntary surrender by a certificate holder or registrant, does not deprive the board of jurisdiction to investigate or act in disciplinary proceedings against the certificate holder or registrant.

(h)

The board may restrain any violation of this division by action in a court of competent jurisdiction.

(Laws of Fla. ch. 75-489, § 24; Laws of Fla. ch. 89-504, § 1; Laws of Fla. ch. 93-387, § 4)