§ 2-146. Disciplinary proceedings.

(1)

The board may revoke, suspend, or deny the issuance or renewal of the certificate of a contractor, place a contractor on probation, impose a fine, order the contractor to pay restitution, or reprimand a contractor if the contractor, or if the business entity or any general partner, officer, director, trustee, or member of a business entity for which the contractor is a qualifying agent, is found guilty of any of the acts as outlined in this article. The following guidelines for violations of this section shall be used in the following disciplinary actions:

a.

Upon proof that a certificate has been obtained by fraud or misrepresentation, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

b.

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, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

c.

Violation of F.S. ch. 455, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

d.

Willful or deliberate disregard and violation of the applicable building codes or laws of the state or any municipalities or counties thereof, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

e.

Aiding and abetting any uncertified person to evade any provision of this act, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

f.

Knowingly combining or conspiring with any uncertified person by allowing one's certificate to be used by any uncertified person with intent to evade the provisions of this act. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, or control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this act, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

g.

Acting in the capacity of a contractor under any certificate issued hereunder except in the name of the certificate holder as set forth on the issued certificate, or in accordance with the personnel of the certificate holder as set forth in the application for the certificate, or as later changed as provided in this act, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

h.

Financial mismanagement or misconduct in the practice of contracting that causes financial harm to a customer, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

i.

Financial mismanagement occurs when:

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 75 days after the date of such liens.

1.

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.

2.

Abandonment of 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.

j.

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, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

k.

Upon proof that the licensee is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of contracting, $250.00 to $5,000.00 fine and/or probation, suspension, or revocation.

(Ord. No. 2006-38, § 5, 11-9-06; Ord. No. 2010-04, § 1, 2-11-10)