Sec. 342.116. - Revocation or suspension of certificate of competency; denial of examination application.

(a) The Board may suspend or revoke a certificate of competency of a contractor or craftsman or a Certificate of Registration of a journeyman who is found guilty by the Board of any of the following: (1) Violation of a provision of F.S. Ch. 455, F.S. Ch. 489, F.S. Ch. 553 or any other State statute pertaining to building regulations (or restrictions) or the construction trades. (2) Attempting to procure a certificate to practice contracting or one of the trades governed by this Section by bribery or fraudulent misrepresentations. (3) Being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practices herein regulated. (4) 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. (5) Commission of an act which constitutes deceit, negligence, incompetency or misconduct in the practice regulated. (6) Practicing on a revoked, suspended or inactive certificate. (7) Willfully or deliberately disregarding and violating the applicable building codes or laws of the State or City. (8) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. (9) Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with the intent to evade the provisions of this Chapter. When a licensee allows his license to be used by one or more business organizations without having any active participation in the operations, management or control of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this Chapter. (10) Acting in the capacity of a contractor under a license issued hereunder except in the name of the licensee as set forth on the issued certificate, or in accordance with the personnel of the licensee as set forth in the application for the certificate or registration, or as later changed as provided in this Section. (11) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when: (i) 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 30 days after the date of such liens; (ii) 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; (iii) 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 result of circumstances beyond the control of the contractor, or was otherwise permitted by the terms of the contract between the contractor and the customer. (12) Acts or omissions by a licensee governed by this Chapter 342 which results in the denial, cancellation, revocation, suspension, or other discipline of a license's certificate of competency or other authorization to practice in a construction related field in another jurisdiction within ten years from the date of any disciplinary action or licensure pursuant to this Chapter will support the issuance of a formal complaint pursuant to this Chapter 342 and the commencement of disciplinary proceedings in this jurisdiction or, the denial of licensure, provided that the disciplinary action in the other jurisdiction is based upon grounds that would constitute misconduct in this jurisdiction. Proof of such acts or omissions may be shown by a copy of the transcript of record of the disciplinary proceedings in another jurisdiction or a copy of the final order, consent order, or similar order stating the basis for the action taken. Upon the filing of an initial complaint alleging the licensee has been disciplined in another jurisdiction, the licensee must produce for the Board copies of all transcripts, documents and orders used, relied upon, or issued in the other jurisdiction. Failure to produce such items within 90 days of the Board's request for them shall automatically result in the immediate, temporary suspension of the individual's license in this jurisdiction until such time as the items have been provided. (13) Failing in a material respect to comply with the provisions of this Chapter. (14) Abandoning 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 cause. (15) Proceeding on any job without obtaining applicable local building department permits and inspection. (16) Falsifying a letter of qualification of any craftsman applying for an examination or a Certificate of Registration given by the Board or fraudulent misrepresentation of craftsman experience or years in service. (17) Commission of an act or acts which constitutes gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. (b) An interested party may file with the Board written charges against a certificate holder alleging a ground for disciplinary action listed in subsection (a) of this Section. If the charges state a proper basis for inquiry, the Board shall hold a public hearing to inquire into the facts upon which the charges are based. The public hearing shall be held only after at least ten days' written notice of the time and place of the hearing is given to the certificate holder against whom the charges are made and to the person filing the charges. Notice to the certificate holder shall be given by regular and certified mail to his last address of record known to the Board and shall include a brief description of the charges. (c) The administrative hearing of charges shall be open to the public. The Board shall keep a record of those testifying but need not record the testimony given. Proceedings and testimony at the hearing may be recorded by a party at his own expense. (d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if the Board finds it competent and reliable, regardless of the existence of a common law or statutory rule which might make improper the admission of the evidence. Hearsay evidence may be used for the purpose of supplementing or explaining a direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in a civil action. The rules of privilege shall be effective to the same extent that they are then recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (e) Each party shall have the right: (1) To call and examine witnesses. (2) To introduce exhibits. (3) To cross-examine opposing witnesses on a matter relevant to the issues even though that matter was not covered in the direct examination. (4) To impeach a witness regardless of which party first called him to testify. (5) To rebut the evidence against him. (f) The Board shall render a decision during an open hearing and shall, within 15 days after the close of the hearing, provide a written decision to the certificate holder and the party filing the charges. The decision may be: (1) Not guilty. (2) Guilty and: (A) Suspension of the certificate, stating conditions prescribed for lifting of the suspension or a date of expiration of suspension. The decision to suspend a master craftsman certificate shall include a decision whether to issue a journeyman craftsman certificate to replace the revoked or suspended certificate; or (B) Revocation of the certificate, stating the effective date. The decision to revoke a master craftsman certificate shall include a decision whether to issue a journeyman craftsman certificate to replace the revoked or suspended certificate; or (C) An official letter of reprimand, to become a part of the certificate holder's permanent file; or (D) Inclusion of a probationary period, wherein future offenses will be grounds for increasing the punishment for the present violation; or (E) May require restitution, or (F) A fine not to exceed $5,000, or (G) A combination of (A), (B), (C), (D), (E) and (F) above. (H) Assess reasonable investigative and legal cost for the prosecution of the violation against the violator. (I) Shall issue a recommended penalty to either the Florida Construction Industry Licensing Board or the Florida Electrical Contractors Licensing Board. The recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the appropriate Board, or a combination thereof. (J) The Board shall inform the disciplined qualifying agent (contractor) and the complainant of the penalty imposed, the Board's penalty recommendation, and the defendant's rights to appeal, and the consequences should he decide not to appeal. (K) Upon having reached adjudication of having accepted a plea of nolo contendere, shall within 15 days notify the appropriate State board of its action and the Board's recommended penalty. (g) Failure to return a revoked or suspended certificate to the Board upon demand is an offense. (h) In order to reactivate a suspended contractor or craftsman certificate of competence under Section 342.116 , the certificate holder will have to file a new application and pay a reinstating fee as found in www.coj.net/fees for the following: Contractor Master Journeyman Serviceman Installer (i) The Board may deny an application for any examination or Certificate of Registration given by the Board based on any of the following: (1) Applicant does not meet the qualifications of Section 342.112 or Section 342.122 ; (2) Application contains incomplete, incorrect, unverified, or fraudulent information; (3) Applicant was caught cheating or assisting others to cheat on previous examination, including allowing the examination to be stolen or taken from test site; (4) Attempting to, or forging a certificate of competency; (5) Attempting to procure a certificate to practice one of the trades governed by this Section by bribery or fraudulent misrepresentation; and (6) Being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practices herein regulated. (j) Applicants who are excluded by subsection (i) of this Section from taking any examinations offered by the Board, may after five years appeal to the Board for reconsideration, except those applicants whose applications contained incomplete, incorrect, or unverified information, or who did not meet the eligibility requirements may reapply at any time upon meeting the requirements. (k) A disciplined contractor or the complainant may challenge the Board's recommended penalty for action by the appropriate State board to the Construction Industry Licensing Board. A challenge shall be filed within 30 days of the issuance of the recommended penalty to the appropriate State board. (l) Failure of the disciplined contractor or the complainant to challenge the Board's recommended penalty within the time period set forth in this subsection shall constitute a waiver of a right to a hearing before the appropriate State board. A waiver of the right to a hearing before the appropriate State board shall be deemed an admission of the violation and the recommended penalty shall become a final order. (m) Fines collected pursuant to this subsection shall be set aside and divided equally in a specific fund to support future enforcement activities against licensed and unlicensed contractors by the Building Inspection Division, and the Construction Trades Qualifying Board. (n) Legal and investigative cost collected pursuant to this subsection shall be set aside in a specific fund and distributed between the Building Inspection Division, the Construction Trades Qualifying Board and the Clerk of the Circuit Court, to cover their respective expenses. (o) The Board may assess interest payments on all fines imposed under this subsection against any person or business organization which has not paid the imposed fine by the due date established by Board rule or final order. Interest rates to be imposed shall be established by Board rule and shall not be usurious. (p) The Board shall not issue or renew a certificate of competency or Certificate of Registration to any person who has been assessed a fine, interest payments, or costs associated with investigation and prosecution, until such fine, interest payments, or costs associated with investigation and prosecution are paid in full. (Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-275-118, § 7; Ord. 81-98-403, § 7; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 86-499-300, § 1; Ord. 89-342-142, § 1; Ord. 90-593-268, § 4; Ord. 90-1159-567, § 6; Ord. 91-521-310, § 1; Ord. 92-1656-1122, § 1; Ord. 93-1981-1116, § 1; Ord. 97-809-E, § 5; Ord. 1999-10-E, § 4; Ord. 2001-35-E, § 2; Ord. 2017-665-E , § 20) Note— Former § 950.116.