61G4-19.001. Citations

The following violations of Section 489.129(1), F.S., may be resolved by the issuance of a citation pursuant to Section 455.224, F.S., and Title 61G4, F.A.C. Where a provision other than s. 489.129(1), F.S., is cited as the basis for a violation, the violation is of Section489.129(1)(j), F.S., by violating the referenced statute, rule, or board order.

(1) Section 489.129(1)(o):	$100.00 fine
Failure to timely obtain permit.
(2) Section 489.129(1)(o):	$100.00 fine
Failure to obtain required inspections.
(3) Section 489.119:	$100.00 fine
Failure to include license number when
submitting an advertisement for
publication, broadcast, or printing.
(4) Sections 489.119, 489.129(1)(f):	$100.00 fine
Acting in name other than that appearing
on license.
(5) Section 489.114, Rule 61G4-15.003:	$100.00 fine
Failure to maintain proof of current
workers compensation or public liability
insurance.
(6) Rule 61G4-15.007:	$100.00 fine
Failure to inform CILB of change of name
style, address, or that licensee has ceased
qualifying a business.
(7) Section 489.129(1)(i), Rule 61G4-17.007:	$200.00 fine
Failure to make proper probation
appearance.
(8)(a) Section 489.117(1)(b):	$100.00 fine
Contracting outside geographical scope of
license with no consumer harm; where
activity in adjacent jurisdiction to one
where contractor is properly licensed,
violation is not willful.
(b) Section 489.117(1)(b):	$500.00 fine
Contracting outside geographical scope of
license with no consumer harm under
circumstances other than paragraph (9)(a),
above.
(9) Section 489.116(1):	$250.00 fine, in addition to all applicable
Contracting on an inactive or delinquent	fees.
license, where the license is renewed or
reactivated within thirty (30) days of the
issuance of a citation.
(10) Section 489.129(1)(d):	$500.00 fine
Assisting unlicensed person or entity, with
no consumer harm.
(11) Section 489.105(3):	$250.00 fine
Contracting outside authorized scope of
work, with no consumer harm, safety
hazard, or threat to public safety.
(12) Sections 489.115(1), 489.117(1)(a):	$100.00 fine
Failure to register local license with CILB
prior to contracting.
(13) Section 489.124:	$100.00 fine
Failure to keep business and financial
records as required.
(14) Sections 489.129(1)(c), 455.227(1)(r):	$1000.00 fine
Improperly interfering with an
investigation or disciplinary action.
(15) Section 489.129(1)(a):	$500.00 fine
Obtaining a certificate or registration by
fraud or misrepresentation which includes
renewal thereof.

 

In addition to the penalties specified above, the department may recover the costs of investigation associated with the citation. Citations shall be issued pursuant to this rule where no harm to consumers results from the violation. A licensee who has been issued three citations for the same offense shall be prosecuted pursuant to Section 455.225, F.S., for any subsequent violations. The disposition of reported violations prosecuted pursuant to Section 455.225, F.S., shall be according to Rule Chapter 61G4-12, F.A.C., and/or Rule Chapter 61G4-17, F.A.C. To the extent that any of these violations are appropriate for resolution by the issuance of a notice of noncompliance pursuant to Section 455.225(3), F.S., and Rule 61G4-23.001, F.A.C., the initial offense of a minor violation will be dealt with accordingly. Where a licensee fails to commence corrective action with 15 days of the Department’s issuance of a notice of noncompliance or where the offense is other than the initial one, the Department may issue a citation pursuant to this rule.

Specific Authority 455.224, 489.105 FS. Law Implemented 455.224, 455.225(3) FS. History–New 1-19-92, Amended 12-21-92, Formerly 21E-19.001, Amended 10-12-94, 3-26-95, 6-5-95, 8-10-95, 1-1-96, 2-26-96, 11-25-97, 4-27-99, 4-24-01.