§ 22-151. Grounds for disciplinary action.

(a)

The following are the grounds for disciplinary action by the contractor's board of examiners and appeals against a licensed contractor or journeyman:

(1)

Failure to obey a stop work order of the building department.

(2)

Misrepresentation of any material fact in the application for a certificate of competency, certificate of renewal or permit.

(3)

Failure to qualify a firm, or acting in the capacity of a contractor under any name other than the name of the certificate holder set forth in the issued certificate or registration.

(4)

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 just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.

(5)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when:

a.

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 when 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 payment.

b.

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 at 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.

c.

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, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer.

d.

Any violation of subsection (a)(5)a, b or c of this section is committed by a subcontractor when an owner is acting as his own contractor.

(6)

Material deviation from the approved plans accompanying the application for a permit issued to the certificate holder.

(7)

Misrepresenting the requirements of this article regulating work in order to obtain or increase the scope of the work in any contract or work.

(8)

Failing in any material respect to comply with the provisions of F.S. ch. 489 or any provision of this Code which directly relates to contracting.

(9)

Failing to report or attempting to conceal from the building department a violation of any provision of this article.

(10)

Knowingly colluding or conspiring with an unlicensed person by allowing his certificate and any permit issued thereunder to be used by the unlicensed person with the intent to evade the provisions of this article, if such person is not working under the supervision or as a regular employee of the certificate holder. Allowing one's certificate to be used by one or more business organizations without having any active participation in the operation, management or control of such business organization constitutes prima facie evidence of an intent to evade the provisions of this subsection.

(11)

Contracting beyond the scope of a certificate.

(12)

Proceeding and/or completing any contracting work, for which a permit is required, without properly obtaining all applicable permits or inspections.

(13)

Failure to list the certificate or registration number in any advertisement, in accordance with the provisions of this article.

(14)

Being convicted or found guilty or entering a plea of nolo contendere in a court of law, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting.

(15)

Committing fraud or deceit or negligence, incompetency or misconduct in the practice of contracting, further described as follows:

a.

Fraud occurs when there is an intentional perversion of the truth in order to induce someone to part with something of value.

b.

Deceit occurs when a person has imposed a false idea or belief on another in order to obscure the truth.

c.

Negligence occurs when a person has not attended to his duties or business with proper care and diligence.

d.

Incompetency occurs when a person is not qualified, or is inadequately trained and is unable to function properly in attempting to effectuate that purpose.

e.

Misconduct occurs when a person has intentionally done wrong or has deliberately violated a law or regulation.

(16)

Willfully or deliberately violating applicable state or local building codes, statutes or ordinances.

(17)

Failure to mark vehicles in conformity with the provisions of state statutes.

(18)

Falsely certifying another's qualifications in order to obtain a certificate of competency.

(19)

Being disciplined by any municipality or county which has reciprocity with the city for an act or violation of any regulatory provision which directly relates to the practice of contracting, which discipline shall be reviewed by the board before taking any disciplinary action on its own.

(20)

Filing a voluntary petition in bankruptcy with the intention of defrauding a property owner or avoiding payment for materials furnished or labor performed.

(21)

Attempting to influence a member of the board regarding a pending disciplinary matter.

(22)

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 indication results in a financial loss to the owner, purchaser or contractor, or falsely indicating that worker's compensation and public liability insurance are provided.

(23)

Performing any act which assists a person in engaging in the prohibited unlicensed and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person was unlicensed and unregistered.

(b)

The following are the grounds for disciplinary action by the board against an unlicensed contractor or any person who assists an unlicensed contractor:

(1)

Falsely advertising or holding oneself or a business organization out as a contractor or journeyman.

(2)

Falsely impersonating a contractor or journeyman.

(3)

Presenting as one's own the certificate or registration of another.

(4)

Giving false or forged evidence for the purpose of obtaining a certificate or registration.

(5)

Using or attempting to use a certificate or registration which has been suspended or revoked.

(6)

Engaging in the business or acting in the capacity of a contractor advertising oneself or a business organization as available to be engaged in business, or acting in the capacity of a contractor without being duly registered or certified.

(7)

Operating a business organization engaged in any new contracting after 60 days following the termination of its only primary qualifying agent without designating another primary qualifying agent, as defined in F.S. ch. 489.

(8)

Commencing or performing work for which a building permit is required pursuant to any applicable building code provisions without such permit being in effect.

(9)

Intentionally furnishing any materially false or misleading information on an application for a permit.

(10)

Willfully or deliberately aiding or abetting an unlicensed or unregistered person in the practice of contracting, when such person is required to be certified or registered according to the provisions of state law or municipal or county ordinances.

(11)

As an unlicensed or unregistered person associated with a contracting firm qualified by a licensee under state law or county or municipal ordinance:

a.

Concealing or causing to be concealed, or assisting in concealing, from the primary qualifying agent, any material activities or information about the contracting firm.

b.

Excluding or facilitating the exclusion of any aspect of the contracting firm's financial or other business activities from the primary qualifying agent.

c.

Knowingly causing any part of the contracting firm's activities, financial or otherwise, to be conducted without the primary qualifying agent's supervision.

d.

Assisting or participating with any qualifying agent in the violation of any provision of state law or county or municipal ordinance.

(12)

Disregarding any municipal ordinance relating to unlicensed or unregistered contractors.

(13)

Committing any act which would constitute a violation of subsection (a) of this section if committed by a licensed contractor or journeyman.

(Code 1985, § 17-45; Ord. No. 2633, § 3, 7-23-96; Ord. No. 2672, § 11, 11-25-96)