§ 8-98. Discipline of authorized contractors.

(a)

It shall be unlawful for any person, licensed or unlicensed, to violate or fail to comply with any provision of this article. Any violation or failure to comply with any provision of this article by a certified or authorized contractor shall be referred to the contractors review board in accordance with this section and F.S. § 489.127, F.S. § 489.132, F.S. § 489.531 or F.S. § 489.533. A violation by an owner/builder for failure to obtain a required permit may be referred, by the director of planning and development services or his designee, to the code enforcement board or special master pursuant to sections 11.06.02 and 12.18.01 of the county land development code.

(b)

The contractors review board shall have the power to revoke approval of a candidate for examination prior to licensing, deny issuance of a new authorized contractor's license after examination, or to revoke or suspend an issued authorized contractor's license, if it determines through public hearing that the candidate for or holder of an authorized contractor's license, or the business for which the holder of the authorized contractor's license is a qualifying agent, has committed any of the acts described in subsections (b)(1) through (b)(19) of this section. Additionally, in the event any of the actions referenced in this subsection cause damage or injury to another person or entity, the contractors review board may order such contractor and/or business that committed such an act to pay the damaged or injured party restitution up to $5,000.00. A fine or restitution order imposed hereby shall not prohibit the imposition of any other remedy or penalty provided at law or equity. The provisions of this section are deemed to be remedial in nature for licensed contractors, and shall apply to any action or inaction taken after the effective date of this article even though the work or permits commenced prior to the effective date of the ordinance from which this article is derived:

(1)

Obtained a county authorized contractors license or business qualification or an exception to the licensing requirements of this article by fraud, deceit, or misrepresentation.

(2)

Is convicted of, or pleads guilty to, any serious offense, which relates to the practice of contracting or the ability to practice contracting.

(3)

Willfully disregards and violates any applicable state or local building code, regulation or law.

(4)

Performs any act that assists a person or business in engaging in the unlicensed business of contracting, if the license holder knows or has reason to know the person or business is unlicensed or fails to ascertain his license status.

(5)

Conspires with a person by allowing a license to be used by an unlicensed person to evade the provisions of this article. When an authorized contractor allows his license to be used by a person or business organization for permitting without the license holder having controlling active participation in the operation, management and control of the construction undertaken, such act shall constitute prima facie evidence of violation of the provisions of this article.

(6)

Acts in the name of a license holder or in the capacity of a contractor other than in accordance with the detailed status contained in the application for a county-authorized contractor license as approved by the contractors review board.

(7)

Fails to maintain current mailing address information in his license file by written notice to the license administrator within 30 days after any such change.

(8)

Abandons a construction project in which the contractor is engaged or under contract. A project shall be considered abandoned 90 days after 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 onsite under the contract for 90 consecutive days.

(9)

Signs a statement with respect to a project or contract which falsely indicates that payment has been made for subcontracted work, labor, and/or materials which results in a financial loss to the owner, purchaser, supplier, or another contractor; or falsely indicates that worker's compensation and/or public liability insurance are maintained.

(10)

Commits fraud or deceit or other misconduct in the practice of contracting, including refusal to make warranty repairs or to correct serious construction defects after written notice of the county building official via certified letter to the contractors address as contained in his license file within the reasonable time given.

(11)

Proceeds on any construction job without satisfying state statutory requirements on the required owner's notice of commencement, or before obtaining the county building permits and thereafter obtaining all code required inspection approvals before proceeding or covering unapproved work, occupies or allows occupancy prior to a certificate of occupancy.

(12)

Exceeds the scope of work which the contractor has been licensed to perform; or exceeds or changes the work permitted without first obtaining written county building department correction of all permit documents, including plans, and paying any additional fees due.

(13)

Fails to have his authorized contractor's license or state-registered contractor's license number appear in any newspaper, airwave transmission, phone directory, or other advertising medium, which offers services of the contractor which are regulated by F.S. ch. 489, or this article.

(14)

Fails to prominently display the contractor's name or name of the business organization for which he is qualifying agent and the authorized contractors license or state-registered license number on any signs displayed on motor vehicles used in the business of contracting and/or transporting employees, equipment and material to a construction site, in letters at least one-half-inch tall.

(15)

Aids or abets any person or business organization to evade any provision of this article, or any other contracting or building code regulation.

(16)

Uses or attempts to use an authorized contractors license which has been revoked, suspended or placed on inactive status in any manner, including advertising use, which is prohibited for any inactive contractor license.

(17)

Intimidates, threatens, coerces, or otherwise discourages the services of a notice to owner or a notice to contractor required under state statutes or prevents an affidavit of filing on a notice of commencement that has not actually been received for recording in the clerk's office.

(18)

Fails to satisfy a judgment as court ordered when such judgment is entered because of engaging in the business of contracting.

(19)

Engages in any of the prohibited activities described under section 8-57.

(c)

The building official may suspend, for fraud or other willful code violation, the permitting privileges of a registered class I or class II contractor until such date as a hearing is held before the contractors review board. The board may deny, suspend, or revoke the authority of a certified contractor to obtain a building permit or limit such authority to obtaining a permit or permits with specific conditions, if the local construction regulation board has found such contractor, through the public hearing process, to be guilty of fraud or a willful building code violation within the county or municipality that the local construction regulation board represents or if the local construction regulation board has proof that such contractor, through the public hearing process, has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and finds, after providing notice of an opportunity to be heard to the contractor, that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the local construction board represents. Notification of and information concerning such permit denial shall be submitted to the state department of business and professional regulation within 15 days after the board decides to deny the permit.

(d)

The building official or his designee may issue a citation to certified or authorized contractors for the violation or failure to comply with any provision of this article, as provided under F.S. § 489.127(5), F.S. § 489.531(4) and F.S. ch. 162, pt. II (F.S. § 162.21 et seq.) and this article. Fines for such citations shall be paid to the county building department within ten days of the issuance of such citation, or in lieu thereof, the cited party may request an administrative hearing for such citations before the contractors review board. If the cited party fails to pay the fine or requests a hearing within the required ten days, the citation will be scheduled for a hearing by the licensing authority. The cited party shall, in addition to any fines or other punishment or remedial action that may be assessed by the contractors review board, pay an administrative hearing fee.

(e)

For violations of section 8-57 the following schedule of fines shall be applied:

(1)

Falsely holds one's self or business organization out as an authorized contractor, $500.00.

(2)

Falsely impersonates a certificate holder or registrant, $500.00.

(3)

Presents as one's own license, certificate or registration of another, $500.00.

(4)

Gives false or forged evidence to the board or a member thereof for the purpose of obtaining authorization as a contractor in the county, $500.00.

(5)

Uses or attempts to use a certificate or registration which has been suspended or revoked, $500.00.

(6)

Engage in business or act in the capacity of a contractor, without authorization as a contractor in the county, $500.00.

(7)

Advertising only, $100.00, first offense; $250.00, second offense and $500.00 for subsequent offenses.

(8)

Other acts specified in section 8-57, $250.00.

(9)

Aiding and abetting an applicant in fraudulently obtaining an authorized contractor's license, $500.00.

(f)

Each day a willful, knowing violation continues shall constitute a separate offense. In accordance with F.S. § 489.127(5) and, F.S. § 489.531(4), upon request of an administrative hearing, the contractors review board shall hear such citations and may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1,000.00 per day for each violation if a public hearing occurs. All provisions of F.S. § 489.127, including, but not limited to, the form and issuance of citations, conduct of hearings, determination of penalties, the recording of certified copies of orders imposing civil penalties as liens against the real and personal property owned by violators, foreclosure of liens, and appeals, are incorporated herein by reference as fully as if set forth verbatim.

(g)

Any person so charged with a violation of this article who fails to appear in person or by counsel before said board for a properly noticed hearing thereon, shall thereby forfeit the right to be heard by said board on such charge and the said board may then proceed with public hearing and any resulting punitive or remedial action against the licensee as decided by said board. A hearing is properly noticed if, within the three weeks before hearing date, the person charged is notified in writing by certified mail or hand delivery from the enforcement officer, or by public notice published twice, a week apart, in a newspaper of general circulation in the county, or by a properly issued citation indicating the time and place set forth for such hearing.

(h)

Moneys collected for violations of this article shall be set aside in a specific fund to support the county's contractors licensing programs and enforcement activities against unlicensed contractors in accordance with F.S. § 489.127 and F.S. § 489.531. The county building department shall collect outstanding fines against registered or certified contractors issued by the state department of business and professional regulations, construction industry licensing board and may retain 25 percent of the fines they are able to collect, provided that they transmit 75 percent of the fines they are able to collect to the department according to a procedure to be determined by the department.

(i)

The compliance methods and remedies provided under this section are supplemental to any other penalties and remedies elsewhere provided in the county land development code or state law, including criminal penalties provided in F.S. ch. 489.

(j)

If any building or structure is constructed, altered or repaired, without application for the issuance of a permit as provided for in this section, and the owner of such building or structure does not secure a permit after ten days' notice in writing from the board of county commissioners or the county building division and pay the prescribed fee therefor, the board of county commissioners is authorized and empowered to record, in the official records of the county and the office of the clerk of the court, a lien on such building or structure for the amount of the prescribed permit fee and, in addition thereto, the cost of recording such lien. The lien shall state the name of the owner, the amount of the lien and the purpose of the lien, and shall be signed by the chair of the board of county commissioners. Such lien shall be a lien for a period of 20 years after the filing thereof on such building, and may be enforced by any procedure now authorized for the enforcement of liens. All costs of enforcement shall be taxed against the owner of the building or structure, including reasonable attorney's fees and costs incurred by the board of county commissioners.

(Ord. No. 2004-13, § 15, 6-8-2004; Ord. No. 2015-27, § 1, 11-17-15 ; Ord. No. 2018-5 , § 1(attch.), 5-8-2018)