Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.001 - Normal Penalty Ranges

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following guidelines shall be used in disciplinary cases, absent aggravating or
				mitigating circumstances and subject to other provisions of this chapter. For
				the purposes of this rule, the descriptions of the violations are abbreviated,
				and the full statute or rule cited should be consulted to determine the
				prohibited conduct.
PENALTY RANGE
VIOLATION
MINIMUM
MAXIMUM
(a) Section
							 489.129(1)(a),
							 F.S. Obtaining license through fraud or misrepresentation.
If misrepresentation
If fraud
$5,000 fine and probation or suspension.
$5,000 fine and probation or suspension.
$5,000 fine and revocation.
$10,000 fine and revocation.
(b) Sections
							 489.129(1)(b),
							 455.227(1)(c),
							 F.S. Convicted or found guilty of a crime relating to contracting.
$3,500 fine or probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
(c) Section
							 489.129(1)(c),
							 F.S.: Violating any part of Chapter 455, F.S.
1. Section
							 455.227(1)(a),
							 F.S.: Fraud, deceit, misleading, or untrue representations.
$5,000 fine and probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
2. Section
							 455.227(1)(r),
							 F.S.: Improperly interfering with an investigation or disciplinary
							 action.
$5,000 fine or probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
(d) Section
							 489.129(1)(d),
							 F.S.: Assisting unlicensed person to evade provision of Chapter 489,
							 F.S.
$5,000 fine and probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
(e) Section
							 489.129(1)(e),
							 F.S.: Combining and conspiring with unlicensed person or entity to evade
							 provision of Chapter 489, F.S.
$5,000 fine and probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
(f) Sections
							 489.129(1)(f),
							 F.S.: Acting under a name not on license.
FIRST OFFENSE
SECOND OFFENSE
$1,500 fine.
$2,500 fine.
$5,000 fine and probation or suspension.
$5,000 fine and suspension or revocation.
(g) Section
							 489.129(1)(g),
							 F.S.: Mismanagement or misconduct causing financial harm to the
							 customer.
FIRST OFFENSE
REPEAT OFFENSE
$1,500 fine or probation or suspension.
$2,500 fine and probation or suspension.
$5,000 fine and probation or suspension, or
							 revocation.
$7,500 fine and revocation.
(h) Section
							 489.129(1)(h),
							 F.S.: Local disciplinary action.
Use penalty herein listed for the violation most
							 closely resembling the act underlying the local discipline.
Use penalty herein listed for the violation most
							 closely resembling the act underlying the local discipline.
(i) Section
							 489.129(1)(i),
							 F.S.: Failing in any material respect to comply with the provisions of Part I
							 of Chapter 489, F.S.
Use penalty herein listed for the violation most
							 closely resembling the act underlying the local discipline.
Use penalty herein listed for the violation most
							 closely resembling the act underlying the local discipline.
1. Section
							 489.1195(2)(e),
							 F.S.: Failure to supervise construction activities.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine and probation or suspension.
$5,000 fine and probation or suspension.
$5,000 fine and probation or suspension.
$10,000 fine and revocation.
2. Sections
							 489.113,
							 489.117, F.S.: Contracting
							 beyond scope of practice allowed by license, no safety hazard.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine or probation or suspension.
$5,000 fine and probation or suspension.
$3,000 fine and probation or suspension.
$10,000 fine and revocation.
3. Sections
							 489.113,
							 489.117, F.S.: Contracting
							 beyond scope of license, safety hazard is created.
FIRST OFFENSE
REPEAT OFFENSE
$4,000 fine and probation or suspension.
$5,000 fine and probation or suspension.
$8,000 fine and probation, suspension or
							 revocation.
$10,000 fine and revocation.
4. Section
							 489.1425, F.S.: Failure to
							 notify residential property owner of recovery fund.
FIRST OFFENSE
REPEAT OFFENSE
$250 fine.
$1,000 fine.
$500 fine.
$1,000 fine.
5. Section
							 489.116, F.S.: Contracting with
							 a delinquent license.
FIRST OFFENSE
REPEAT OFFENSE
$1,500 fine, respondent must pay all fees and costs
							 required to place license in current and active status, or probation or
							 suspension.
$2,500 fine, respondent must pay all fees and costs
							 required to place license in current and active status, and probation or
							 suspension.
$2,500 fine, respondent must pay all fees and costs
							 required to place license in current and active status, and probation or
							 suspension.
$5,000 fine and suspension or revocation, respondent
							 must pay all fees and costs required to place license in current and active
							 status, and probation or suspension.
6. Section
							 489.116, F.S.: Contracting with
							 an inactive license.
$5,000 fine and probation or suspension.
$10,000 fine and revocation.
7. Section
							 489.117, F.S.: Contracting in a
							 city or county where the contractor is not licensed.
First violation, where the jurisdiction is not
							 adjacent to one where contractor is properly licensed, or practice outside the
							 geographical scope of the license was willful.
$1,000 fine or probation or suspension.
$2,500 fine and probation or suspension.
8. Section
							 489.119, F.S.: Failure to
							 qualify a business organization.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine.
$5,000 fine.
$5,000 fine and probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
9. Section
							 489.119(5)(b),
							 F.S.: License number not appearing in advertisement.
FIRST OFFENSE
REPEAT OFFENSE
$250 fine.
$500 fine.
$1,000 fine.
$2,500 fine and probation.
10. Section
							 489.124, F.S.: Failure to keep
							 business and financial records as required.
$1,000 fine.
$5,000 fine and revocation.
11. Section
							 489.126(2),
							 F.S.: Failure to apply for all necessary permits within 30 days of entering
							 contract or failure to start within 90 days after issuance of all necessary
							 permits when the contractor receives an initial payment of more than 10 percent
							 of the contract price for repair, restoration, improvement or construction to
							 residential real property.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine or probation or suspension.
$5,000 fine and probation or suspension.
$5,000 fine and probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
(j) Section
							 489.129(1)(j),
							 F.S.: Abandonment.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine and probation or suspension.
$5,000 fine and probation or suspension.
$7,500 fine and probation, suspension, or
							 revocation.
$10,000 fine and revocation.
(k) Section
							 489.129(1)(k),
							 F.S.: False payment statements, false statement of insurance coverage.
1. False payment statement.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine.
$5,000 fine and/or probation or suspension.
$7,500 fine and probation or suspension.
$10,000 fine and revocation.
2. False statement of insurance coverage.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine and probation or suspension.
$5,000 fine and probation or suspension.
$5,000 fine and probation or suspension.
$10,000 fine and probation, suspension or
							 revocation.
(l) Section
							 489.129(1)(l),
							 F.S.: Committing fraud or deceit in the practice of contracting.
1. Causing no monetary or other harm to licensee's
							 customer.
$2,500 fine and probation or suspension.
$5,000 fine and revocation.
2. Causing monetary or other harm to licensee's
							 customer.
$5,000 fine and probation or suspension.
$10,000 fine and revocation.
(m) Section
							 489.129(1)(m),
							 F.S.; Misconduct or incompetency in the practice of contracting, shall include,
							 but is not limited to:
1. Failure to honor a warranty.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine or probation or suspension.
$2,500 fine and probation or suspension.
$2,500 fine and probation or suspension.
$5,000 fine and revocation.
2. Violation of any provision of Title 61G4, F.A.C.,
							 or Chapter 489, Part I, F.S.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine or probation or suspension.
$5,000 fine and probation or suspension.
$2,500 fine and probation or suspension.
$10,000 fine and suspension or revocation.
3. Failure to abide by the terms of a mediation
							 agreement or another offense under this part.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine.
$5,000 fine and probation or suspension.
$5,000 fine and probation.
$10,000 fine and suspension or revocation.
(n) Section
							 489.129(1)(n),
							 F.S.: Committing gross negligence, repeated negligence, or negligence resulting
							 in a significant danger to life or property.
FIRST OFFENSE
REPEAT OFFENSE
$3,000 fine and probation or suspension.
$10,000 fine and suspension.
$5,000 fine and probation, suspension or
							 revocation.
$10,000 fine and revocation.
(o) Section
							 489.129(1)(o),
							 F.S.: Proceeding on any job without obtaining applicable local building
							 department permits and/or inspections.
1. Late permits. Contractor pulls permit after
							 starting job but prior to completion of same and does not miss any
							 inspections.
$250 fine.
$3,000 fine and probation.
2. Failure to obtain inspections.
FIRST OFFENSE
REPEAT OFFENSE
$500 fine.
$2,500 fine and probation or suspension.
$2,500 fine and probation or suspension.
$5,000 fine revocation.
3. Job finished without a permit having been pulled,
							 or no permit until caught after job, or late permit during the job resulting in
							 missed inspection or inspections.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine.
$5,000 fine.
$5,000 fine and probation.
$10,000 fine and suspension or revocation.
(p) Section
							 489.129(1)(p),
							 F.S.: Intimidating, threatening, coercing, or otherwise discouraging the
							 service of a notice to owner under part I of chapter 713, F.S., or a notice to
							 contractor under chapter 255 or part I of chapter 713, F.S.
FIRST OFFENSE
REPEAT OFFENSE
$2,500 fine and probation or suspension.
$5,000 fine and probation or suspension.
$5,000 fine and suspension or revocation.
$10,000 fine and revocation.
(q) Section
							 489.129(1)(q),
							 F.S.: Failure to satisfy a civil judgment obtained against the licensee or the
							 business organization qualified by the licensee within a reasonable
							 time.
For purposes of this section "reasonable time" means
							 sixty (60) days following the entry of a civil judgment that is not appealed.
							 The Board will consider a mutually agreed upon payment plan as satisfaction of
							 such judgment, so long as the payments are current.
FIRST OFFENSE
REPEAT OFFENSE
$500 fine or proof of satisfaction of civil
							 Judgment.
$5,000 fine or proof of satisfaction of civil
							 judgment.
$5,000 fine or proof of satisfaction of civil
							 Judgment and probation or suspension.
$10,000 fine or proof of satisfaction of civil
							 judgment, and probation, suspension or revocation.
(r) Section
							 489.147(2)(a),
							 F.S.: Soliciting a residential property owner by means of a prohibited
							 advertisement.
FIRST OFFENSE
REPEAT OFFENSE
$250 fine.
$1,000 fine and probation or suspension.
$500 fine and probation.
$2,500 fine and probation, suspension or
							 revocation.
(s) Section
							 489.147(2)(b),
							 F.S.: Offering to a residential property owner a rebate, gift, gift card, cash,
							 coupon, waiver of any insurance deductible, or any other thing of value in
							 exchange for:
1. Allowing the contractor to conduct an inspection
							 of the residential property owner's roof; or
2. Making an insurance claim for damage to the
							 residential property owner's' roof.
FIRST OFFENSE
REPEAT OFFENSE
$500 fine
$1,000 fine and probation or suspension.
$1,000 fine and probation.
$5,000 fine and probation, suspension or
							 revocation.
(t) Section
							 489.147 (2)(c),
							 F.S.: Offering, delivering, receiving, or accepting any compensation,
							 inducement, or reward, for the referral of any services for which property
							 insurance proceeds are payable. Payment by the residential property owner or
							 insurance company to a contractor for roofing services rendered does not
							 constitute compensation for referral.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine and probation.
$5,000 fine and probation or suspension.
$5,000 fine and probation.
$5,000 fine and probation.
(u) Section
							 489.147(2)(d),
							 F.S.: Interpreting policy provisions or advising an insured regarding coverage
							 or duties under the insured's property insurance policy or adjusting a property
							 insurance claim on behalf of the insured, unless the contractor holds a license
							 as a public adjuster pursuant to Part IV of Chapter 626, F.S.
FIRST OFFENSE
REPEAT OFFENSE
$500 fine.
$1,000 fine and probation or suspension.
$1,000 fine and probation.
$5,000 fine and probation, suspension, or
							 revocation.
(v) Section
							 489.147 (2)(e),
							 F.S.: Providing an insured with an agreement authorizing repairs without
							 providing a good faith estimate of the itemized and detailed cost of services
							 and materials for repairs undertaken pursuant to a property insurance claim. A
							 contractor does not violate this paragraph if, as a result of the process of
							 the insurer adjusting a claim, the actual cost of repairs differs from the
							 initial estimate.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine and probation.
$5,000 fine and probation,
suspension or revocation.
$5,000 fine and probation.
$10,000 fine and probation,
suspension, or revocation.
(2)
				In instances where the nature of the charges or the facts of the case indicate
				that the respondent lacks understanding of the laws and rules regulating the
				construction industry, the board shall require continuing education hours as an
				additional penalty to the guidelines listed above. All continuing education
				hours assessed as part of a penalty shall be in excess of the credit hours
				required for biennial renewal as stated in this act and rules.
(3) For purposes of these guidelines,
				violations for which the Respondent has previously been issued a citation
				pursuant to Section 455.224, F.S., and Rule
				61G4-19.001, F.A.C., shall be
				considered repeat violations.
(4)
				In addition, the board shall assess the costs of investigation and prosecution,
				excluding costs related to attorney time.
(5) In addition, the board shall order the
				contractor to make restitution in the amount of financial loss suffered by the
				consumer to the extent that such order does not contravene federal bankruptcy
				law.
(6) The absence of any
				violation from this chapter shall be viewed as an oversight, and shall not be
				construed as an indication that no penalty is to be assessed. The guideline
				penalty for the offense most closely resembling the omitted violation shall
				apply.
Rulemaking Authority
					 455.227,
					 489.108,
					 489.129 FS. Law Implemented
					 455.227,
					 455.2273,
					 489.129
					 FS.
New 10-26-86, Amended 12-21-92, Formerly 21E-17.001,
					 Amended 11-2-93, 10-12-94, 7-2-95, 9-3-96, 10-31-96, 2-4-98, 8-2-98, 2-2-04,
					 1-24-05, 11-2-06, 2-3-15, 5-24-15,
					 12-6-22.