§ 6-43. Disciplinary actions, citations.

If the licensing coordinator or code enforcement officer elects direct citation of a competency card holder who violates the provisions of this chapter or state or local law, the following citation procedure and citation table shall apply:

(a)

A code enforcement officer or licensing coordinator designated pursuant to this subsection may issue a citation for a violation of this chapter whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that a violation, other than a minor violation, has occurred. If the code enforcement officer issues a citation to a locally licensed contractor for a violation of this chapter, the penalties shall be as follows:

Schedule of Civil Penalties
Section	Violation	Violation Description	First Violation	Repeat Violation
a)	Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.		$500.00	$1,000.00
b)	Acting in the capacity of a contractor under a different name than that which is on their state license, local license or local registration card.		$500.00	$1,000.00
c)	Allowing one's local license or local registration to be used by any unlicensed or unregistered person.	When a local license/registration holder allows his local license or local registration to be used by one or more persons or business organizations without having any active participation in the operation, management or control of such business organizations or project, such action constitutes prima facie evidence of intent to evade the provisions of this chapter.	$500.00	$1,000.00
d)	Assist or participate with any local license holder or local registration holder in the violation of any provision of this chapter		$500.00	$1,000.00
e)	Committing fraud or deceit in the practice of contracting.	Causing monetary or other harm to licensee's customer.	$500.00	$1,000.00
f)	Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.		$500.00	$1,000.00
g)	Committing incompetence or misconduct in the practice of contracting.		$500.00	$1,000.00
h)	Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.	1. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the contractor'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 75 days after the date of such items. 2. 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. 3. 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	$500.00	$1,000.00
		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.
i)	Conceal or caused to be concealed, or assist in concealing, from the primary qualifying agent, any material activities or information about the contracting firm.		$500.00	$1,000.00
j)	Exclude or facilitate the exclusion of any aspect of the contracting firm's financial or other business activities from the primary qualifying agent.		$500.00	$1,000.00
k)	Expired permits	Allowing a building permit to expire without obtaining a final inspection.	$250.00	$1,000.00
l)	Failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board.		$500.00	$1,000.00
m)	Failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession.		$500.00	$1,000.00
n)	Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under F.S. Ch. 713, Pt. I or a notice to contractor under F.S. Ch. 255 or F.S. Ch. 713, Pt. I.		$500.00	$1,000.00
o)	Knowing or negligent use of substandard or defective building materials or supplies in any construction project, which is not corrected pursuant to a notice of correction.		$500.00	$1,000.00
p)	Knowingly cause any part of the contracting firm's activities, financial or otherwise, to be conducted without the primary qualifying agent's supervision.		$500.00	$1,000.00
q)	Knowingly or negligently violating the applicable building or electrical codes or laws of the state or county, which is not corrected pursuant to a notice of correction.		$500.00	$1,000.00
r)	Making any material false statements in an application for a local license, local registration or request for a building permit.	Such statements include: 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 commercial general liability insurance are provided.	$500.00	$1,000.00
s)	Obtaining a local license or local registration by fraud or misrepresentation.		$500.00
t)	Operate a business organization engaged in contracting after 60 days following the determination of its only qualifying agent without designating another primary qualifying agent.		$250.00	$1,000.00
u)	Performing any act which assists a person or entity in engaging in the prohibited unlicensed and unregistered practice of contracting, if the registrant knows or reasonably should have known that the person or entity was unlicensed or unregistered.		$500.00	$1,000.00
v)	Proceeding on any job without obtaining applicable local building department permits and inspection (excluding emergency situations).		$500.00	$1,000.00
w)	Use or attempt to use a local license or local registration which has been suspended or revoked.		$500.00	$1,000.00
x)	Using a subcontractor not authorized for use on building permits, without first notifying the building department in writing.		$500.00	$1,000.00
y)	Willfully or deliberately disregard or violate any municipal or county ordinance relating to unlicensed or unregistered contractors.		$500.00	$1,000.00

 

(b)

A citation issued by a code enforcement officer or the licensing coordinator shall be in a form prescribed by the county and shall state:

(1)

The time and date of issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The time and date of the violation.

(4)

A brief description of the violation and the facts constituting reasonable cause.

(5)

The name of the code enforcement officer.

(6)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

(7)

The applicable civil penalty if the person elects not to contest the citation.

(c)

The act for which the citation is issued shall be ceased upon receipt of the citation; and the person charged with the violation shall elect either to correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request a hearing before the licensing board. If the alleged violator fails to pay the citation or to request a hearing within ten (10) days from the date of the citation, his or her license shall be automatically suspended until a hearing is held or the citation paid.

(d)

A person issued a citation may choose to appeal the citation to the licensing board. If the board finds that a violation exists, the board may order the violator to pay a civil penalty of not less than the amount set forth on the citation, and not more than one thousand dollars ($1,000.00) per day for each violation, not to exceed $5,000.00. In determining the amount of the penalty or other discipline, the board shall consider the following factors:

(1)

The gravity of the violation.

(2)

Any actions taken by the violator to correct the violation.

(3)

Any previous violations committed by the violator.

(e)

Hearings shall be held before the licensing board and shall be conducted pursuant to the requirements this chapter.

(f)

Failure of a violator to appeal the decision of the code enforcement officer and for licensing coordinator within the time period set forth in this paragraph shall constitute a waiver of the violator's right to a hearing. A waiver of the right to a hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly.

(g)

Upon written notification by the code enforcement officer that a violator has not contested the citation or paid the civil penalty within the timeframe allowed on the citation, or if a violation has not been corrected within the timeframe set forth on the notice of violation, the licensing board shall enter an order ordering the violator to pay the civil penalty set forth on the citation or notice of violation and suspend the violator's license until penalty is paid or a hearing held, and a hearing shall not be necessary for the issuance of such order.

(Ord. No. 2009-03, 3-10-09)