Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.008 - Time for Compliance with Final Order

Current through Reg. 50, No. 138; July 16, 2024
(1) In cases where the Board imposes a civil
				penalty for violation of Chapter 455 or Part I of Chapter 489, F.S., or of the
				rules promulgated thereunder, the penalty shall be paid within 30 days of its
				imposition by order of the Board, unless a later time for payment is specified
				in the Board's Order. Moreover, unless otherwise addressed by the Board at
				hearings held pursuant to Section
				120.57(2),
				F.S., whenever a civil penalty is levied at said hearing the respondent who is
				disciplined shall have all licensure to practice contracting suspended with the
				imposition of the suspension being stayed for thirty (30) days. If the ordered
				civil penalty is paid within said thirty (30) day period, the suspension
				imposed shall not take effect. Upon payment of the civil penalty after the
				thirty (30) days, the suspension imposed shall be lifted. If the licensee does
				not pay the civil penalty, within said period, then immediately upon expiration
				of the stay, the licensee shall surrender his/her licensure to an investigator
				of the Department of Business and Professional Regulation or shall mail said
				license to the Board offices.
(2)
				Failure to pay the civil penalty within the time specified in this rule or in
				the Board's Order shall constitute grounds for further disciplinary action
				against the licensee.
(3) Failure
				to pay a fine within the time specified in this rule or in the Board's Order
				shall result in the assessment of an interest payment at an annual percentage
				rate of eighteen percent (18%); said interest shall begin to accrue from the
				date immediately succeeding the due date of the fine.
(4) For purposes of this rule, the term civil
				penalty shall include the assessment of any fines, costs associated with
				investigation and prosecution of the complaint, and restitution.
(5) In cases where the Board imposes
				probation for violation of Chapter 455 or Part I of Chapter 489, F.S., or of
				the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear
				before the Board at such times as directed by the Executive Director, or as
				specified in the Final Order. In connection with each probation appearance, the
				licensee shall answer questions under oath and shall provide copies of all
				construction related monthly bank statements, permit applications, contracts,
				and operations questionnaires since the entry of the final order if it is the
				first probation appearance or since the last probation appearance if it is
				other than the first probation appearance. In addition, the licensee shall
				provide such other information or documentation as is requested by either the
				Department or, the Board. The licensee shall forward said documentation to the
				Board in advance of the probation appearance.
(b) The burden shall be solely upon the
				licensee to remember the requirement for said appearance, and to take the
				necessary steps in advance of said appearance to contact the Board office and
				ascertain the specific time, date, and place of said appearance. The licensee
				shall not rely on getting notice of said appearance from the Board or the
				Department.
(c) Should the licensee
				violate any condition of the probation, it shall be considered a violation of
				Section 489.129(1)(j),
				F.S., and shall result in further disciplinary action by the Board.
(d) Should the licensee fail to make a
				satisfactory appearance as determined by the Board, the term of the
				probationary period shall automatically be extended by six (6) months. If there
				occurs a second such failure, then the term of the probationary period will be
				extended an additional six (6) months. Should the Board determine a third
				failure of the licensee to make a satisfactory appearance, then the term of the
				probationary period will be extended an additional six (6) months, the stay of
				suspension of the licensee's licensure to practice contracting shall be lifted
				and the license shall remain in suspended status unless and until a further
				stay is granted by the Board, or the time period for probation, with the
				addition of six (6) months, expires.
(e) Should the Board determine an appearance
				is unsatisfactory, the board may authorize the licensee to complete a 7-hour
				Business Practices course approved by the Board, in lieu of one unsatisfactory
				appearance. Should the licensee request this action, the licensee shall have 90
				days from the date of appearance before the Board within which to complete the
				course. If the licensee fails to complete the course within the 90-day time
				period, the appearance will be deemed unsatisfactory and the provisions of
				paragraph (5)(d), shall apply.
(f)
				Should the licensee's licensure to practice contracting be placed on inactive
				status, the probation period shall be tolled and shall resume running at the
				time the licensee reactivates the license or returns to the active practice of
				contracting, and the licensee shall then serve the time remaining in the term
				of probation.
(g) The licensee's
				licensure to practice contracting shall be suspended for the period of
				probation, with the suspension stayed for the period of probation. The time of
				the suspension and the stay shall run concurrently with the period of
				probation, except as provided otherwise in the Final Order. If the licensee
				successfully completes probation, the suspension shall terminate. If the
				licensee fails to comply with the requirements set forth in this rule or in the
				Final Order imposed in this case, or fails to make satisfactory appearances as
				determined by the Board, the stay shall be lifted. Once the stay is lifted, the
				license shall remain in suspended status unless and until a further stay is
				granted by the Board, or the time period for probation
				expires.