CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3145, 2003 WL 1035713
...latest. [3] If Palm Coast engaged in work as a contractor after July 17, 1997, a factual occurrence it must indulge in in order for its construction lien to have been timely filed, it could have been subject to disciplinary sanctions by the DPR. See § 489.129(1)(I), Fla....
...Any attempt by Palm Coast to "hang his license" after this date seems to run directly contrary to the purpose of chapter 489, and we are mindful sanctions may be imposed by the DPR against parties that enter into improper qualifier arrangements. See 489.129(1)(e), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2525, 2009 WL 780007
...lusion that one of its rules, rule 61G4-12.017, is an invalid exercise of delegated legislative authority. This rule provides, in pertinent part, that the Board may deny certification or registration to a contractor who has violated any provision of section 489.129(1), Florida Statutes; that the Board will not reinstate the certification or registration or issue new certification or registration to a contractor whose license has been suspended unless proof is shown that all requirements imposed...
...mit proof of restitution which had been ordered by the Hillsborough County Building Board of Adjustment in 1997. Rule 61G4-12.017 cites as authority several statutory provisions, but the ALJ found none of the statutes relevant to this dispute except section 489.129. In pertinent part, this statute provides: 489.129 Disciplinary proceedings....
...pay restitution, until such fine, interest, or costs associated with investigation and prosecution or restitution are *650 paid in full or until all terms and conditions of the final order have been satisfied. (Emphasis supplied). The ALJ found that section 489.129 "clearly indicates that the final order being addressed in subsection (7) is a final order issued by the CILB." While we do not disagree that the term "final order" in section 489.129(7) refers to a final order of the CILB, we disagree that rule 61G4-12.017 is an invalid exercise of delegated legislative authority, because authority for this rule may be obtained from other subsections of section 489.129(7). Subsection (1)(h) of section 489.129 grants the Board the power to deny issuance of a certification, registration, or the grant of a certification of authority when the applicant for such has been "disciplined by any municipality or county for an act or violation of this part." This subsection authorizes the Board to consider final orders imposed by other jurisdictions which discipline an applicant, such as the final order in the instant case. Further authority for the rule in question is provided by sections 489.129(1)(b) and 489.129(1)(q), which respectively give the Board authority to consider whether the applicant for licensure has been convicted of or pled nolo contendere to a crime in any jurisdiction relating to the practice of contracting and whether a civil judgment has been entered against the applicant....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ee years probation, and imposing a $1,000 fine. The order is vacated, and the cause remanded for entry of an amended final order. The proceedings against Kinast were commenced by a twelve-count administrative complaint alleging various violations of § 489.129(1), Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1295745
...facts alleged in the Department's complaint against him by failing to request a formal hearing within twenty-one days after receiving the complaint. Relying on its finding of waiver, the Board also found that Nicks had violated various provisions of section 489.129, Florida Statutes, and revoked Nicks' license as a certified general contractor....
...true, and afford him a hearing to contest the factual allegations of the administrative complaint. REVERSED AND REMANDED. TORPY and EVANDER, JJ., concur. NOTES [1] More specifically, these facts would support the Board's findings that Nicks violated section 489.129(1)(m) by committing incompetency or misconduct in the practice of contracting; violated section 489.129(1)(n), Florida Statutes, by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property; and, violated section 489.129(1)(j), Florida Statutes, by abandoning a construction project by terminating the project without just cause....
...not require a finding of fact to support it"). The only issues remaining after a waiver are the conclusions of law to be drawn (i.e., whether the admitted facts constitute a violation of the statutes as charged), and the penalties to be imposed. [2] Section 489.129(1), Florida Statutes, provides that the Board may take disciplinary action, including revocation of the contractor's license, if the licensee is guilty of any subsection, including 1(m), (n), and (j).
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 336527
...Industry Licensing Board, dated August 23, 1994. That order, adopting the penalty recommended by the Sarasota County General Contractors Licensing and Examination Board, imposed a $5,000 fine and revoked Mr. Bowling's state registration pursuant to section 489.129(1)(k), Florida Statutes (1993)....
...ory scheme on its face is so punitive in either purpose or effect as to negate that intention. Id. at 248-49,
100 S.Ct. 2636. Under the first prong of Ward, we conclude, for several reasons, that the legislature intended to impose civil penalties in section
489.129(1)(k)....
..."administrative" fine not to exceed $5,000. Second, the authority to revoke a registration or impose a fine is conferred upon the Construction Industry Licensing Board, an administrative agency. See Hudson, ___ U.S. at ___,
118 S.Ct. at 495. Third, section
489.129 creates a "disciplinary proceeding" rather than a criminal proceeding....
...Finally, chapter 489 does contain statutory provisions establishing criminal penalties for some conduct, but not for the conduct charged in the administrative complaint. See §
489.127, Fla. Stat. (1993). Thus, the legislature has clearly implied a preference to label the penalties in section
489.129 as civil. Under the second prong of Ward, the statutory penaltiesrevocation of Mr. Bowling's state registration and payment of a maximum fine of $5,000are not so punitive that they overcome the legislative intent and render section
489.129 criminal....
...It has long been recognized that the revocation of such a license is typically free of punitive criminal intent. See Hudson, ___ U.S. at ___ - ___,
118 S.Ct. at 495-96. The purpose of such a revocation is to protect the public from risk of future harm by the license holder. Similarly, the $5,000 fine does not render section
489.129 criminal....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 5950, 1990 WL 114701
...the problems were unusual or exceptionally dangerous. In July 1988, the Department of Professional Regulation filed an administrative complaint against Mr. O'Connor. The Department sought disciplinary sanctions for alleged violations of subsections 489.129(1)(d) and 489.129(1)(m), Florida Statutes (1987). These statutory provisions of section 489.129 authorize the Board to impose an appropriate disciplinary sanction on a contractor under the following conditions: [I]f the contractor, or if the business entity or any general partner, officer, director, trustee, or member of a busin...
...§
455.2273(3), Fla. Stat. (1987). [4] While the omission of an explanation in the Board's final order may be a correctible procedural error, the Board's incorrect interpretation of the relevant statutes is another matter. §
120.68(9), Fla. Stat. (1987). Section
489.129(1)(m) does not define gross negligence. The Board, however, possesses the authority to specify by rule the acts or omissions which constitute violations for purposes of disciplinary proceedings. §
489.129(3), Fla....
...We are inclined to believe that there was no competent substantial evidence of gross negligence concerning the technician. In deference to the Board, however, we shall assume that the evidence supports a conclusion that the technician was grossly negligent. [6] §
120.68(10), Fla. Stat. (1987). Since section
489.129 allows the technician's building code violations to be imputed to Mr....
...O'Connor's license. It appears that this penalty exceeds the Board's guidelines under the evidence presented at the hearing. The Department did not advise the officer of any aggravating circumstances in its recommended order, or at the final hearing. § 489.129, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...us; and that once Sarah became aware of the financial situation she did all she could to protect corporate creditors. The hearing officer found that Hunter Homes' problem was primarily one of cash flow. The hearing officer concluded that pursuant to section 489.129(1)(h), Florida Statutes (1979), [1] there was no evidence of diversion of funds from either project. He also concluded that Hunter abandoned the Williams project because the corporation went out of business and section 489.129(1)(k), Florida Statutes (1979), [2] does not purport to punish inept business conduct....
...The hearing officer recommended that the charges against Hunter be dismissed. The Construction Industry Licensing Board adopted the hearing officer's findings of fact but concluded that Hunter abandoned and diverted funds from both projects in violation of sections 489.129(1)(h) and (k)....
...Having accepted the findings of fact, however, there was no competent, substantial evidence to support the Board's conclusions of *845 law. There was no evidence that Hunter diverted funds from either project or abandoned the Williams project within the meaning of section 489.129(1)(k)....
...Therefore, we reverse the final order of the Construction Industry Licensing Board and remand to the agency with instructions to dismiss the complaint against Sarah Hunter, as recommended by the hearing officer. SCHOONOVER and LEHAN, JJ., concur. NOTES [1] 489.129 Disciplinary proceedings....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 8301, 2007 WL 1541956
...r materials and supplies in connection with his practice of air conditioning contracting. *495 Subsequently, in August 2005, the Construction Industry Licensing Board (“Board”) filed an administrative complaint against the Appellant, pursuant to section 489.129(l)(q), Florida Statutes (2005), for failure to satisfy the judgment....
...However, the Board concluded that there were no material facts in dispute and, thus, denied the Appellant’s request for a formal hearing. Thereafter, the Board conducted an informal hearing on the Appellant’s case. At the hearing, the prosecutor presented evidence that the Appellant had four prior section 489.129 violations over a twenty-year span, including violations involving fraud, deceit, or untrue misrepresentations, and assisting in unlicensed activity....
...earings for a formal hearing, even if such a hearing is requested by a party. It may, instead, proceed informally.” Id. (citing Nicolitz v. Bd. of Opticianry,
609 So.2d 92, 93-94 (Fla. 1st DCA 1992)). Here, the Appellant was charged with violating section
489.129(l)(q), which authorizes the Board to revoke a license when the licensee “fail[s] to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the license...
...ally. Affirmed. . We find no merit in the Appellant’s contention that license revocation was an excessively harsh punishment. Given the circumstances of this case, license revocation was within the permissible range of penalties for a violation of section 489.129(l)(q)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 2596459
...Sometime after that date, Podia Construx and Walker stopped doing business and failed to perform any further on the contract. The appellant filed an administrative complaint against Walker with the Department of Business and Professional Regulation. Walker violated the contract, thereby violating section 489.129(1)(G), (J), or (K), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6587, 2004 WL 1057808
...e denial. With respect to the Licensing Board’s finding that Lapp aided and abetted other contractors in the unlicensed practice of contracting, there is no substantial, competent evidence to find that Lapp violated either section
455.227(l)(j) or section
489.129(l)(d) and (e)....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 3394
...nlicensed contractors to perform contracting work; that in each instance he falsely represented that he was the contractor of record; and that he thereby assisted unregistered persons in evading the requirements of chapter 489, Florida Statutes. See § 489.129(l)(c), (e), (f), Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19139
...violation of the act are unconstitutional because it is preempted by Chapter 489. The above reasoning is appealing, but valid only if one accepts the premise that Chapter 489 “regulates” persons engaged in the business of contracting. We do not. Section 489.129, Florida Statutes (1979) enumerates the powers and duties of the State Construction Industry Licensing Board, but no authority is granted to enforce local laws or ordinances or otherwise “regulate” the activities of the local contracting board....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
Section
489.127(2), F.S. (1992 Supp.). 16 Section
489.129(1), F.S. (1992 Supp.).
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4363, 1990 WL 82545
...ative complaint. The contractor maintains that the administrative board did not have authority to require the contractor to make financial restitution. We agree. At the time of the initiation of this administrative action, the following provision of section 489.129(1), Florida Statutes (1987), controlled: 489.129 Disciplinary proceedings.— (1) The board may revoke, suspend, or deny the issuance or renewal of the certificate or registration of a contractor and impose an administrative fine not to exceed $5,000, place a contractor on probation, or rep...
...As a result, the board erred in making its ruling. See Dep 't of Professional Regulation v. Pariser,
483 So.2d 28 (Fla. 1st DCA 1985); Dep’t of Business Regulation v. Stein,
326 So.2d 205 (Fla. 3rd DCA 1976). *443 More importantly, the following 1988 amendment to section
489.129 cannot be applied retroactively: (1) The board may revoke, suspend, or deny the issuance or renewal of the certificate or registration of a contractor, require financial restitution to a consumer, impose an administrative fine not to...
CopyPublished | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1347, 1986 Fla. App. LEXIS 8288
the licensing of construction contractors. Section
489.129(1) authorizes the Construction Industry Licensing
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...for the employees of a contractor whether said contractor is state certified or registered. 1 Your question is whether the local authority can mandate the use of such licensed individuals by state certified contractors in light of the provisions of ss.
489.129 2 and
489.113 (4), F.S. Section
489.129 , F.S., vests in the State Construction Industry Licensing Board exclusive authority to discipline state certified contractors by way of fine, reprimand, probation, or the suspension and revocation of the state issued license....
...tion if committed in the county or municipality that the local construction board represents. This office has concluded that the above referenced statutory provisions prohibit local authorities from taking any of the disciplinary actions described ins. 489.129 , F.S., against a state certified contractor....
...As the statutory provisions in both Parts I and II of Ch. 489 , F.S., are similar with respect to the questions presented here, please note that those comments and opinions expressed apply to all licensing categories referenced in both parts of said chapter. 1 See , AGO's 79-112 and 90-73. 2 Section 489.129 , F.S., was amended by s....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 1, 1998 WL 21889
...complied with the condition that Lewis “satisfy” the Waldens’ judgment. The Department argued that Lewis failed to show that he was a party to the bankruptcy and refused to release Lewis from the obligation to satisfy the Waldens’ judgment. Section 489.129(1)(r), Florida Statutes (Supp.1996), provides in pertinent part that revocation of a qualifying agent’s license is an authorized penalty when the agent is found guilty of: Failing to satisfy within a reasonable time, the terms of a...
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 359, 2000 WL 35867
...st 4, 1999, we withdraw this court’s opinion filed July 21, 1999, and issue the following opinion in its place. Todd Jonas appeals from a final order of the Florida Construction Industry Licensing Board (Board), which found him guilty of violating section 489.129(1)(n) and (r), Florida Statutes (1993), and required him, in pertinent part, to either provide proof of satisfaction of a civil judgment obtained by MACTEC Construction, Inc....
...d “restitution.” On appeal, Jonas raises several arguments concerning the Board’s jurisdiction and authority to regulate his conduct, which we find to be without merit. Accordingly, we affirm the final order which found him guilty of violating section 489.129(1)(n) and (r), Florida Statutes (1993)....
...Jonas further contends, based on a conclusion in the ALJ’s recommended order, that the Board has no authority to mandate, as a penalty or as “corrective action,” restitution to MACTEC, which he further equates to satisfaction of the civil judgment. Chapter 489 governs construction contracting. Section 489.129(1) specifically authorizes the Board to “require financial restitution to a consumer” when a certificate holder is found guilty of any of the enumerated acts, including “failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession.” § 489.129(1)(r), Fla....
...Department of Bus. & Prof. Reg.,
716 So.2d 873, 876 (Fla. 1st DCA 1998). The ALJ recognized the applicability of section
455.227(2) as a general guideline but concluded that it must be tempered by the more restrictive language of the specific guidelines of section
489.129(1) that circumscribed the agency’s authority to impose penalties, relying upon Department of Envtl....
...However, the Department argues that in amending section
455.227 in 1994, the Legislature intended to remedy weaknesses within the specific practice acts and strengthen and expand the then-existing powers of all boards, including the Construction Industry Licensing Board. The Department emphasizes that section
489.129(1)(r) of the applicable practice act does not require that the civil judgment be obtained by a consumer, but rather it re *1263 quires that the judgment be related to the practice of the licensee’s profession. As such, the Department maintains that the requirement that Jonas provide proof of satisfaction of the MACTEC judgment is specifically authorized corrective action pursuant to section
455.227(2)(g) to remedy his violation of section
489.129(1)(r). We agree. While we find that the Board does not have the authority to require “restitution” to non-consumers pursuant to section
489.129(1), this section clearly indicates that the Board may take disciplinary action against a certificate holder for “failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the licensee., relating to the practice of the licensee’s profession.” (Emphasis added)....
...SORONDO, J., and NESBITT, Senior Judge, concur. . This provision has since been revised and presently reads, in pertinent part: “The board may ... require financial restitution to a consumer for financial harm directly related to a violation of a provision of this part....” § 489.129(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 380, 1997 WL 43862
...The contents of that exam are confidential, because the same exam is used year after year. Subsequently when appellant attempted to reactivate his inactive plumbing license, the Department of *389 Business and Professional Regulation charged him with violating section 489.129(l)(b), Florida Statutes (1989), which provides that the licensing board may revoke a license if a contractor is “convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the pra...
...ings.”. Id. at 1117 . Ayala, a physician, had entered a nolo contendere plea; however, the statute governing his licensing proceeding, section
458.331(l)(c), specifically provided that a nolo contendere plea “shall be considered a conviction.” Section
489.129(l)(b), governing this proceeding, did not contain a similar provision in 1990, although it does now....
CopyPublished | District Court of Appeal of Florida | 1989 WL 56000
and ALTENBERND, JJ., concur. . We note that section
489.129(l)(f), Florida Statutes (1987), states that
CopyPublished | Florida 3rd District Court of Appeal
...all over and incorrectly installing the water heater. Garcia also alleged that
despite several warnings about an impending expired permit, Cora failed to
close out the permit.
The Department filed an administrative complaint against Cora alleging
a violation of section 489.129(1)(o), Florida Statutes (2021). The complaint
simply states:
7. Respondent proceeded on the job without obtaining the
applicable local building department permits and inspections.
8. Based on the foregoing, Respondent violated Section
489.129(1)(0), Florida Statutes, by proceeding on a job without
obtaining applicable local building department permits and
inspections.
The Department also recommended that the Board impose penalties....
...Florida Administrative Code.
3
In response, Cora submitted an election of rights form seeking a formal
administrative hearing, purporting to dispute the following material facts:
“[V]iolations of
489.1195(1)(a) and
489.129(1)(o) are being disputed.
Attached are 21 pages of support documentation for a ‘motion to dismiss’
election.” Finding that the election of rights form did not specifically dispute
material facts, the Department dismissed the form wit...
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2654, 1984 Fla. App. LEXIS 16341
-127(l)(d), Florida Statutes, and thereby Section
489.129(l)(j), Florida Statutes. However, the hearing
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2777, 1985 Fla. App. LEXIS 6093
...The hearing officer found that Pariser and Fowler, appellees, were in violation of Rule 21E-12.08 and had standing to challenge the validity of the underscored portion of the rule. The specific authority cited for Rule 21E-12.08 as amended 12-19-82 is Section
455.227(2) and
489.129(2), Florida Statutes. The hearing officer concluded that Section
489.129(3) authorizes the Board to specify by rule what acts or omissions constitute violation of Section
489.129(1), which authorizes imposition of a $5,000.00 fine “when a licensee is found guilty of the acts specified in subsections (a)-(m)”; that “the only subsection which the rule might be construed to supplement is (j) authorizing discipline for ‘failure in any material respect to comply with the provisions of this act’ however, Section
489.129(1) authorizing imposition of a fine does not specify that the fine must be paid, *29 therefore failure to pay cannot be made a separate violation subject to an additional penalty....
CopyPublished | Florida 3rd District Court of Appeal
...Boumerhi then filed a complaint
with the Department of Business and Professional Regulation, contending
Rodriguez abandoned the project.
2
On August 19, 2019, the Department filed a dual-count administrative
complaint against Rodriguez, alleging violations of sections 489.129(1)(i)
and 489.129(1)(j), Florida Statutes. See § 489.129(1)(i),(j), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 4304, 2002 WL 491733
...The parties stipulated that Camejo himself did not sign the building permit applications for any of the construction projects described in the administrative complaints. Camejo’s defense in the disciplinary proceeding, and his argument on appeal, is that he cannot be held accountable pursuant to section 489.129, Florida Statutes (1999) for work not performed, or poorly performed, pursuant to building permits he never signed....
...“Statutes such as those at issue authorizing the imposition of *584 discipline upon licensed contractors are in the nature of penal statutes, which should be strictly construed.” Jonas v. Florida Dep’t of Bus. & Prof. Reg.,
746 So.2d 1261, 1262 (Fla. 3d DCA 2000). Section
489.129 does not carve out an exception for qualifying agents who fail to maintain control over the use of their certificates....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 5206, 2002 WL 662782
PER CURIAM. Appellant challenges an order of the Construction Licensing Board requiring him to satisfy a judgment against him pursuant to section 489.129(l)(r), Florida Statutes (1997). He claims that the judgment resulted from an arbitration proceeding of which he was not given notice and that he was not a qualifier for the company involved in the arbitration. Appellant sought to vacate the judgment, but his request was denied. Section 489.129(l)(r) only requires proof that appellant, as a licensee or a qualified licensee for a business organization, failed to satisfy a judgment, related to contracting, within a reasonable time....
