CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 11180, 2005 WL 1704415
...Under the circumstances, we feel that the distinction is clear. Accordingly, we reverse with directions that the trial court address the issue of the illegality of the contract. REVERSED AND REMANDED. SHARP, W. and THOMPSON, JJ., concur. NOTES [1] See § 489.111, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2003552
...FULMER and KELLY, JJ., Concur. NOTES [1] Florida law classifies construction contractors into two groups: certified contractors or registered contractors. §
489.105(8), (10), Fla. Stat. (2001). The two groups differ in the requirements for licensure. See §
489.111, Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 86645, 2006 WL 3469526
...ationship among these three terms: Florida law classifies construction contractors into two groups: certified contractors or registered contractors. §
489.105(8), (10), Fla. Stat. (2001). The two groups differ in the requirements for licensure. See §
489.111, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 3487856
...n of civil rights. Therefore, Yeoman correctly posits that section
112.011(1)(b) does not apply to persons whose civil rights have not been restored, and that chapter 489 instead contains the governing criteria for construction contractor licensure. Section
489.111 states in pertinent part:
489.111 Licensure by examination....
...There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a certified contractor; and 2. The finding by the board of lack of good moral character is supported by clear and convincing evidence. Construing together sections
112.011(1)(b) and
489.111(2)(b), Yeoman argues that the Florida Legislature has not enacted an absolute bar to licensure for construction contractor license applicants with felony convictions....
...irrelevant to being a certified general contractor. The question of "good moral character" is a question of fact, see Palamara v. State, Dep't of Bus. & Prof'l Regulation,
855 So.2d 706, 708 (Fla. 4th DCA 2003), for neither section
112.011(1)(b) nor section
489.111 categorically disqualifies from licensure everyone with a prior felony conviction who has not had civil rights restored....
...If an applicant is found to lack "good moral character" and, therefore, to be unqualified for a license, the Legislature has required the CILB to furnish the applicant with written findings, a complete record of the evidence, and a notice of rights to a rehearing or appeal. See § 489.111(3)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6587, 2004 WL 1057808
...or state licensure as a swimming pool/spa contractor. The Licensing Board reviewed Lapp’s application and issued a Notice of Intent to Deny. As grounds for the denial, the Licensing Board found that Lapp lacked the good moral character required by section 489.111(2)(b), Florida Statutes (2002)....
...A review of the record indicates that the alleged misstatements of fact made on Lapp’s application were insignificant and not intended to mislead the Licensing Board. These technical misstatements do not constitute clear and convincing evidence of a lack of good moral character as required by section 489.111(3)(a)(2)....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1634, 1987 Fla. App. LEXIS 9183
...The Construction Industry Licensing Board declined to allow appellant to take the examination, indicating that she did not meet the statutory criteria. Appellant obtained an administrative hearing and asserted that she meets the eligibility requirements of section 489.111(2)(c)4c Florida Statutes....
...ich he is certified. The parties stipulated that appellant does have four years of actual experience in the building contractor field, but that such experience was gained prior to appellant’s state certification. The hearing officer concluded that section 489.111(2)(c)4c merely requires four years of actual experience as a building contractor and that such experience does not necessarily have to be acquired as a certified contractor....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 191933
...(1)(b), F.S. We begin by observing that Florida's construction licensing statutes do not prohibit the licensure of applicants who have previously been convicted of a felony. They make an applicant eligible if the person is of "good moral character." § 489.111(2)(b), Fla....
...There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a certified contractor; and 2. The finding by the board of lack of good moral character is supported by clear and convincing evidence. § 489.111(3), Fla....
...Nor would restoration of a felon's civil rights necessarily re-infuse good moral character. The statute, moreover, requires a connection between the felony conviction and the professional responsibility of a contractor. The "good moral character" provisions of section 489.111 are different from various other Florida statutes that specifically allow the denial of a license to those convicted of a felony....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 12770, 40 Fla. L. Weekly Fed. D 1981
...we affirm.
Appellant, a civil engineer, filed an application for a certified marine
specialty contractor’s license. The Construction Industry Licensing Board
denied his application for failure to demonstrate the required experience
pursuant to section 489.111, Florida Statutes, and Florida Administrative
Code Rule 61G4-15.001....
...uding pile driving,
framing, concrete, masonry, dredge and fill, and wood shingle,
wood shakes, or asphalt or fiberglass shingle roofing on a new
structure of his or her own construction.
Fla. R. Admin Code R. 61G4-15.033(2).
Section 489.111(2)(c)1....
...exposed to, or over
what period of time.
In sum, based on the record before the Board, it cannot be said that
the Board erred in finding that appellant did not have the requisite
experience for a marine contractor license as required pursuant to section
489.111 and rule 61G4-15.001.
Affirmed.
STEVENSON and FORST, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing....
