61G4-17.001. Normal Penalty Ranges  


Effective on Tuesday, December 6, 2022
  • 1(1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this chapter. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

     

    52PENALTY RANGE

    54VIOLATION

    55MINIMUM

    56MAXIMUM

    57(a) Section 59489.129(1)(a), F.S. 61Obtaining license through fraud or misrepresentation.

    67If misrepresentation

     

    69If fraud

     

     

    71$5,000 fine and probation or suspension.

    78$5,000 fine and probation or suspension.

     

     

    85$5,000 fine and revocation.

     

    90$10,000 fine and revocation.

    95(b) Sections 97489.129(1)(b), 98455.227(1)(c), F.S. 100Convicted or found guilty of a crime relating to contracting.

    110$3,500 fine or probation or suspension.

    117$10,000 fine and probation, suspension or revocation.

    125(c) Section 127489.129(1)(c), F.S.129: Violating any part of chapter 455, F.S.

    1371. Section 139455.227(1)(a), F.S.141: Fraud, deceit, misleading, or untrue representations.

     

     

    148$5,000 fine and probation or suspension.

     

     

    155$10,000 fine and probation, suspension or revocation.

    1632. Section 165455.227(1)(r), F.S.167: Improperly interfering with an investigation or disciplinary action.

    176$5,000 fine or probation or suspension.

    183$10,000 fine and probation, suspension or revocation.

    191(d) Section 193489.129(1)(d), F.S.195: Assisting unlicensed person to evade provision of chapter 489, F.S.

    206$5,000 fine and probation or suspension.

    213$10,000 fine and probation, suspension or revocation.

    221(e) Section 223489.129(1)(e), F.S.225: Combining and conspiring with unlicensed person or entity to evade provision of chapter 489, F.S.

    241$5,000 fine and probation or suspension.

    248$10,000 fine and probation, suspension or revocation.

    256(f) Sections 258489.129(1)(f), F.S.260: Acting under a name not on license.

    268FIRST OFFENSE

     

    270SECOND OFFENSE

     

     

    272$1,500 fine.

     

    275$2,500 fine.

     

     

    278$5,000 fine and probation or suspension.

    285$5,000 fine and suspension or revocation.

    292(g) Section 294489.129(1)(g), F.S.296: Mismanagement or misconduct causing financial harm to the customer.

    306FIRST OFFENSE

     

    308REPEAT OFFENSE

     

     

     

    310$1,500 fine or probation or suspension.

    317$2,500 fine and probation or suspension.

     

     

    324$5,000 fine and probation or suspension, or revocation.

    333$7,500 fine and revocation.

    338(h) Section 340489.129(1)(h), F.S.342: Local disciplinary action.

    346Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;

    362Use penalty herein listed for the violation most closely resembling

    372the act underlying the local discipline;

    378(i) Section 380489.129(1)(i), F.S.382: Failing in any material respect to comply with the provisions of part I of chapter 489, F.S.

    400Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;

    416Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;

    4321. Section 434489.1195(2)(e), F.S.436: Failure to supervise construction activities.

    442FIRST OFFENSE

     

    444REPEAT OFFENSE

     

     

     

    446$2,500 fine and probation or suspension.

    453$5,000 fine and probation or suspension.

     

     

    460$5,000 fine and probation or suspension.

    467$10,000 fine and revocation.

     

    4722. Sections 474489.113, 475489.117, F.S.477: Contracting beyond scope of practice allowed by license, no safety hazard.

     

    489FIRST OFFENSE

     

    491REPEAT OFFENSE

     

     

     

     

    493$1,000 fine or probation or suspension.

    500$5,000 fine and probation or suspension.

     

     

     

     

    507$3,000 fine and probation or suspension.

    514$10,000 fine and revocation.

    5193. Sections 521489.113, 522489.117, F.S.524: Contracting beyond scope of license, safety hazard is created.

    534FIRST OFFENSE

     

    536REPEAT OFFENSE

     

     

    538$4,000 fine and probation or suspension.

    545$5,000 fine and probation or suspension.

     

     

    552$8,000 fine and probation, suspension or revocation.

    560$10,000 fine and revocation.

    5654. Section 567489.1425, F.S.569: Failure to notify residential property owner of recovery fund.

    579FIRST OFFENSE

    581REPEAT OFFENSE

     

     

    583$250 fine.

    585$1,000 fine.

     

     

    588$500 fine.

    590$1,000 fine.

    5935. Section 595489.116, F.S.597: Contracting with a delinquent license.

    603FIRST OFFENSE

     

     

     

     

     

    605REPEAT OFFENSE

     

     

     

    607$1,500 fine, respondent must pay all fees and costs required to place license in current and active status, or probation or suspension.

     

    630$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

     

     

    653$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

     

     

    676$5,000 fine and suspension or revocation, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

    7036. Section 705489.116, F.S.707: Contracting with an inactive license.

    713$5,000 fine and probation or suspension.

    720$10,000 fine and revocation.

    7257. Section 727489.117, F.S.729: Contracting in a city or county where the contractor is not licensed.

    742First violation, where the jurisdiction is not adjacent to one where contractor is properly licensed, or practice outside the geographical scope of the license was willful.

     

     

    768$1,000 fine or probation or suspension.

     

     

    775$2,500 fine and probation or suspension.

    7828. Section 784489.119, F.S.786: Failure to qualify a business organization.

    793FIRST OFFENSE

     

    795REPEAT OFFENSE

     

     

    797$2,500 fine.

     

    800$5,000 fine.

     

     

    803$5,000 fine and probation or suspension.

    810$10,000 fine and probation, suspension or revocation.

    8189. Section 820489.119(5)(b), F.S.822: License number not appearing in advertisement.

    829FIRST OFFENSE

    831REPEAT OFFENSE

     

     

    833$250 fine.

    835$500 fine.

     

     

    837$1,000 fine.

    840$2,500 fine and probation.

    84510. Section 847489.124, F.S.849: Failure to keep business and financial records as required.

    859$1,000 fine.

    862$5,000 fine and revocation.

    86711. Section 869489.126(2), F.S.871: Failure to apply for all necessary permits within 30 days of entering contract or failure to start within 90 days after issuance of all necessary permits when the contractor receives an initial payment of more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property.

     

    924FIRST OFFENSE

     

    926REPEAT OFFENSE

     

     

     

     

     

     

     

     

    928$2,500 fine or probation or suspension.

    935$5,000 fine and probation or suspension.

     

     

     

     

     

     

     

     

    942$5,000 fine and probation or suspension.

    949$10,000 fine and probation, suspension or revocation.

    957(j) Section 959489.129(1)(j), F.S.961: Abandonment.

    963FIRST OFFENSE

     

    965REPEAT OFFENSE

     

    967$2,500 fine and probation or suspension.

    974$5,000 fine and probation or suspension.

     

    981$7,500 fine and probation, suspension, or revocation.

    989$10,000 fine and revocation.

    994(k) Section 996489.129(1)(k), F.S.998: False payment statements, false statement of insurance coverage.

     

     

    10071. False payment statement.

    1011FIRST OFFENSE

     

    1013REPEAT OFFENSE

     

    1015$2,500 fine.

     

    1018$5,000 fine and/or probation or suspension.

     

    1025$7,500 fine and probation or suspension.

    1032$10,000 fine and revocation.

    10372. False statement of insurance coverage.

    1043FIRST OFFENSE

     

    1045REPEAT OFFENSE

     

    1047$1,000 fine and probation or suspension.

    1054$5,000 fine and probation or suspension.

     

    1061$5,000 fine and probation or suspension.

    1068$10,000 fine and probation, suspension or revocation.

    1076(l) Section 1078489.129(1)(l), F.S.1080: Committing fraud or deceit in the practice of contracting.

     

     

    10901. Causing no monetary or other harm to licensee’s customer.

    1100$2,500 fine and probation or suspension.

    1107$5,000 fine and revocation.

    11122. Causing monetary or other harm to licensee’s customer.

    1121$5,000 fine and probation or suspension.

    1128$10,000 fine and revocation.

    1133(m) Section 1135489.129(1)(m), F.S.; 1137Misconduct or incompetency in the practice of contracting, shall include, but is not limited to:

    11521. Failure to honor a warranty.

    1158FIRST OFFENSE

     

    1160REPEAT OFFENSE

     

     

     

     

    1162$1,000 fine or probation or suspension.

    1169$2,500 fine and probation or suspension.

     

     

     

     

    1176$2,500 fine and probation or suspension.

    1183$5,000 fine and revocation.

    11882. Violation of any provision of Title 61G4, F.A.C., or Chapter 489, Part I, F.S.

    1203FIRST OFFENSE

     

    1205REPEAT OFFENSE

     

     

    1207$1,000 fine or probation or suspension.

    1214$5,000 fine and probation or suspension.

     

     

    1221$2,500 fine and probation or suspension.

    1228$10,000 fine and suspension or revocation.

    12353. Failure to abide by the terms of a mediation agreement or another offense under this part.

    1252FIRST OFFENSE

    1254REPEAT OFFENSE

     

     

    1256$2,500 fine.

    1259$5,000 fine and probation or suspension.

     

     

    1266$5,000 fine and probation.

    1271$10,000 fine and suspension or revocation.

    1278(n) Section 1280489.129(1)(n), F.S.1282: Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.

    1299FIRST OFFENSE

     

    1301REPEAT OFFENSE

     

     

     

    1303$3,000 fine and probation or suspension.

    1310$10,000 fine and suspension.

     

     

     

    1315$5,000 fine and probation, suspension or revocation.

    1323$10,000 fine and revocation.

    1328(o) Section 1330489.129(1)(o), F.S.1332: Proceeding on any job without obtaining applicable local building department permits and/or inspections.

     

     

    13461. Late permits. Contractor pulls permit after starting job but prior to completion of same and does not miss any inspections.

    1367$250 fine.

    1369$3,000 fine and probation.

    13742. Failure to obtain inspections.

    1379FIRST OFFENSE

     

    1381REPEAT OFFENSE

     

    1383$500 fine.

     

    1385$2,500 fine and probation or suspension.

     

    1392$2,500 fine and probation or suspension.

    1399$5,000 fine revocation.

    14033. Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections.

    1431FIRST OFFENSE

    1433REPEAT OFFENSE

     

     

     

    1435$1,000 fine.

    1438$5,000 fine.

     

     

     

    1441$5,000 fine and probation.

    1446$10,000 fine and suspension or revocation.

    1453(p) Section 1455489.129(1)(p), F.S.1457: Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part I of chapter 713, F.S., or a notice to contractor under chapter 255 or part I of chapter 713, F.S.

    1493FIRST OFFENSE

     

    1495REPEAT OFFENSE

     

     

     

     

     

    1497$2,500 fine and probation or suspension.

    1504$5,000 fine and probation or suspension.

     

     

     

     

     

    1511$5,000 fine and suspension or revocation.

    1518$10,000 fine and revocation.

    1523(q) Section 1525489.129(1)(q), F.S.1527: Failure to satisfy a civil judgment obtained against the licensee or the business organization qualified by the licensee within a reasonable time.

    1550For purposes of this section “reasonable time” means sixty (60) days following the entry of a civil judgment that is not appealed. The Board will consider a mutually agreed upon payment plan as satisfaction of such judgment, so long as the payments are current.

    1594FIRST OFFENSE

     

     

    1596REPEAT OFFENSE

     

     

     

     

     

     

     

     

     

     

    1598$500 fine or proof of satisfaction of civil Judgment.

    1607$5,000 fine or proof of satisfaction of civil judgment.

     

     

     

     

     

     

     

     

     

    1617$5,000 fine or proof of satisfaction of civil Judgment.

     

    1627$10,000 fine or proof of satisfaction of civil judgment, and suspension or revocation.

    1641(r) Section 489.147(2)(a), F.S.: Soliciting a residential property owner by means of a prohibited advertisement.

    1656FIRST OFFENSE

     

     

    1658REPEAT OFFENSE

     

     

     

    1660$250 fine.

     

    1662$1,000 fine and probation or suspension.

     

     

     

    1669$500 fine and probation.

     

    1673$2,500 fine and probation, suspension or revocation.

    1681(s) Section 489.147(2)(b), F.S.: Offering to a residential property owner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible, or any other thing of value in exchange for:

    17121. Allowing the contractor to conduct an inspection of the residential property owner’s roof; or

    17272. Making an insurance claim for damage to the residential property owner’s’ roof.

    1740FIRST OFFENSE

     

     

    1742REPEAT OFFENSE

     

     

     

     

     

     

     

     

     

    1744$500 fine

     

    1746$1,000 fine and probation or suspension.

     

     

     

     

     

     

     

     

     

    1753$1,000 fine and probation.

     

    1758$5,000 fine and probation, suspension or revocation.

    1766(t) Section 489.147 (2)(c), F.S.: Offering, delivering, receiving, or accepting any compensation, inducement, or reward, for the referral of any services for which property insurance proceeds are payable. Payment by the residential property owner or insurance company to a contractor for roofing services rendered does not constitute compensation for referral.

    1816FIRST OFFENSE

     

    1818REPEAT OFFENSE

     

     

     

     

     

     

     

     

    1820$1,000 fine and probation.

     

    1825$5,000 fine and probation or suspension.

     

     

     

     

     

     

     

    1832$5,000 fine and probation.

     

    1837$5,000 fine and probation.

    1842(u) Section 489.147(2)(d), F.S.: Interpreting policy provisions or advising an insured regarding coverage or duties under the insured’s property insurance policy or adjusting a property insurance claim on behalf of the insured, unless the contractor holds a license as a public adjuster pursuant to Part IV of Chapter 626, F.S.

    1892FIRST OFFENSE

     

    1894REPEAT OFFENSE

     

     

     

     

     

     

    1896$500 fine.

     

    1898$1,000 fine and probation or suspension.

     

     

     

     

     

     

    1905$1,000 fine and probation.

     

    1910$5,000 fine and probation, suspension, or revocation.

    1918(v) Section 489.147 (2)(e), F.S.: Providing an insured with an agreement authorizing repairs without providing a good faith estimate of the itemized and detailed cost of services and materials for repairs undertaken pursuant to a property insurance claim. A contractor does not violate this paragraph if, as a result of the process of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate.

    1986FIRST OFFENSE

     

    1988REPEAT OFFENSE

     

     

     

     

     

     

     

     

    1990$1,000 fine and probation.

     

    1995$5,000 fine and probation,

    2000suspension or revocation.

     

     

     

     

     

     

     

     

    2003$5,000 fine and probation.

     

    2008$10,000 fine and probation,

    2013suspension, or revocation.

    2016(2) In instances where the nature of the charges or the facts of the case indicate that the respondent lacks understanding of the laws and rules regulating the construction industry, the board shall require continuing education hours as an additional penalty to the guidelines listed above. All continuing education hours assessed as part of a penalty shall be in excess of the credit hours required for biennial renewal as stated in this act and rules.

    2091(3) For purposes of these guidelines, violations for which the Respondent has previously been issued a citation pursuant to Section 2111455.224, F.S., 2113and Rule 211561G4-19.001, 2116F.A.C., shall be considered repeat violations.

    2122(4) In addition, the board shall assess the costs of investigation and prosecution, excluding costs related to attorney time.

    2141(5) In addition, the board shall order the contractor to make restitution in the amount of financial loss suffered by the consumer to the extent that such order does not contravene federal bankruptcy law.

    2175(6) The absence of any violation from this chapter shall be viewed as an oversight, and shall not be construed as an indication that no penalty is to be assessed. The guideline penalty for the offense most closely resembling the omitted violation shall apply.

    2219Rulemaking Authority 2221455.227, 2222489.108, 2223489.129 FS. 2225Law Implemented 2227455.227, 2228455.2273, 2229489.129 FS. 2231History–New 10-26-86, Amended 12-21-92, Formerly 21E-17.001, Amended 11-2-93, 10-12-94, 7-2-95, 9-3-96, 10-31-96, 2-4-98, 8-2-98, 2-2-04, 1-24-05, 11-2-06, 2-3-15, 5-24-15, 12-6-22.