61G4-17.001. Normal Penalty Ranges  


Effective on Sunday, May 24, 2015
  • 1(1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this chapter.

     

    24PENALTY RANGE

    26VIOLATION

    27MINIMUM

    28MAXIMUM

    29(a) Section 31489.129(1)(a), F.S. 33Obtaining license through fraud or misrepresentation.

    39If misrepresentation

     

    41If fraud

     

     

    43$5,000 fine and probation or suspension.

    50$5,000 fine and probation or suspension.

     

     

    57$10,000 fine and revocation.

     

    62$10,000 fine and revocation.

    67(b) Sections 69489.129(1)(b), 70455.227(1)(c), F.S. 72Convicted or found guilty of a crime relating to contracting.

    82$3,500 fine or probation or suspension.

    89$10,000 fine and probation, suspension or revocation.

    97(c) Section 99489.129(1)(c), F.S.101: Violating any part of Chapter 455, F.S.

    1091. Section 111455.227(1)(a), F.S.113: Fraud, deceit, misleading, or untrue representations.

     

     

    120$5,000 fine and probation or suspension.

     

     

    127$10,000 fine and probation, suspension or revocation.

    1352. Section 137455.227(1)(r), F.S.139: Improperly interfering with an investigation or disciplinary action.

    148$5,000 fine or probation or suspension.

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

    163(d) Section 165489.129(1)(d), F.S.167: Assisting unlicensed person to evade provision of Chapter 489, F.S.

    178$5,000 fine and probation or suspension.

    185$10,000 fine and probation, suspension or revocation.

    193(e) Section 195489.129(1)(e), F.S.197: Combining and conspiring with unlicensed person or entity to evade provision of Chapter 489, F.S.

    213$5,000 fine and probation or suspension.

    220$10,000 fine and probation, suspension or revocation.

    228(f) Sections 230489.129(1)(f), 231489.119(2), F.S.233: Acting under a name not on license.

    241FIRST OFFENSE

     

    243SECOND OFFENSE

     

     

    245$1,500 fine.

     

    248$2,500 fine.

     

     

    251$5,000 fine and probation or suspension.

    258$5,000 fine and suspension or revocation.

    265(g) Section 267489.129(1)(g), F.S.269: Mismanagement or misconduct causing financial harm to the customer.

    279FIRST OFFENSE

     

    281REPEAT OFFENSE

     

     

     

    283$1,500 fine or probation or suspension.

    290$2,500 fine and probation or suspension.

     

     

    297$5,000 fine and probation or suspension.

    304$10,000 fine and revocation.

    309(h) Section 311489.129(1)(h), F.S.313: Local disciplinary action.

    317Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;

    333Use penalty herein listed for the violation most closely resembling

    343the act underlying the local discipline;

    349(i) Section 351489.129(1)(i), F.S.353: Failing in any material respect to comply with the provisions of Part I of Chapter 489, F.S.

    371Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;

    387Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;

    4031. Section 405489.1195(2)(e), F.S.407: Failure to supervise construction activities.

    413FIRST OFFENSE

     

    415REPEAT OFFENSE

     

     

     

    417$2,500 fine and probation or suspension.

    424$5,000 fine and probation or suspension.

     

     

    431$5,000 fine and probation or suspension.

    438$10,000 fine and revocation.

     

    4432. Sections 445489.113, 446489.117, F.S.448: Contracting beyond scope of practice allowed by license, no safety hazard.

     

    460FIRST OFFENSE

     

    462REPEAT OFFENSE

     

     

     

     

    464$1,000 fine or probation or suspension.

    471$5,000 fine and probation or suspension.

     

     

     

     

    478$3,000 fine and probation or suspension.

    485$10,000 fine and revocation.

    4903. Sections 492489.113, 493489.117, F.S.495: Contracting beyond scope of license, safety hazard is created.

    505FIRST OFFENSE

     

    507REPEAT OFFENSE

     

     

    509$4,000 fine and probation or suspension.

    516$5,000 fine and probation or suspension.

     

     

    523$8,000 fine and probation, suspension or revocation.

    531$10,000 fine and revocation.

    5364. Section 538489.1425, F.S.540: Failure to notify residential property owner of recovery fund.

    550FIRST OFFENSE

    552REPEAT OFFENSE

     

     

     

    554$250 fine.

    556$1,000 fine.

     

     

     

    559$500 fine.

    561$1,000 fine.

    5645. Section 566489.116, F.S.568: Contracting with a delinquent license.

    574FIRST OFFENSE

     

     

     

     

     

    576REPEAT OFFENSE

     

     

     

    578$1,500 fine, respondent must pay all fees and costs required to place license in current and active status, or probation or suspension.

     

    601$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

     

     

    624$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

     

     

    647$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.

    6746. Section 676489.116, F.S.678: Contracting with an inactive license.

    684$5,000 fine and probation or suspension.

    691$10,000 fine and revocation.

    6967. Section 698489.117, F.S.700: Contracting in a city or county where the contractor is not licensed.

    713First 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.

     

     

    739$1,000 fine or probation or suspension.

     

     

    746$2,500 fine and probation or suspension.

    7538. Section 755489.119, F.S.757: Failure to qualify a business organization.

    764FIRST OFFENSE

     

    766REPEAT OFFENSE

     

     

    768$2,500 fine.

     

    771$5,000 fine.

     

     

    774$5,000 fine and probation or suspension.

    781$10,000 fine and probation, suspension or revocation.

    7899. Section 791489.119(5)(b), F.S.793: License number not appearing in advertisement.

    800FIRST OFFENSE

    802REPEAT OFFENSE

     

     

    804$250 fine.

    806$500 fine.

     

     

    808$1,000 fine.

    811$2,500 fine and probation.

    81610. Section 818489.124, F.S.820: Failure to keep business and financial records as required.

    830$1,000 fine.

    833$5,000 fine and revocation.

    83811. Section 840489.126(2), F.S.842: 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.

     

    895FIRST OFFENSE

     

    897REPEAT OFFENSE

     

     

     

     

     

     

     

     

    899$2,500 fine or probation or suspension.

    906$5,000 fine and probation or suspension.

     

     

     

     

     

     

     

     

    913$5,000 fine and probation or suspension.

    920$10,000 fine and probation, suspension or revocation.

    928(j) Section 930489.129(1)(j), F.S.932: Abandonment.

     

    934FIRST OFFENSE

     

    936REPEAT OFFENSE

     

     

    938$2,500 fine and probation or suspension.

    945$5,000 fine and probation or suspension.

     

     

    952$7,500 fine and probation or suspension.

    959$10,000 fine and revocation.

    964(k) Section 966489.129(1)(k), F.S.968: False payment statements, false statement of insurance coverage.

     

     

    9771. False payment statement.

    981FIRST OFFENSE

     

    983REPEAT OFFENSE

     

    985$2,500 fine.

     

    988$5,000 fine and/or probation or suspension.

     

    995$7,500 fine and probation or suspension.

    1002$10,000 fine and revocation.

    10072. False statement of insurance coverage.

    1013FIRST OFFENSE

     

    1015REPEAT OFFENSE

     

    1017$1,000 fine and probation or suspension.

    1024$5,000 fine and probation or suspension.

     

    1031$5,000 fine and probation or suspension.

    1038$10,000 fine and probation, suspension or revocation.

    1046(l) Section 1048489.129(1)(l), F.S.1050: Committing fraud or deceit in the practice of contracting.

     

     

    10601. Causing no monetary or other harm to licensee’s customer.

    1070$2,500 fine and probation or suspension.

    1077$10,000 fine and revocation.

    10822. Causing monetary or other harm to licensee’s customer.

    1091$5,000 fine and probation or suspension.

    1098$10,000 fine and revocation.

    1103(m) Section 1105489.129(1)(m), F.S.; 1107Misconduct or incompetency in the practice of contracting, shall include, but is not limited to:

    11221. Failure to honor a warranty.

    1128FIRST OFFENSE

     

    1130REPEAT OFFENSE

     

     

     

     

    1132$1,000 fine or probation or suspension.

    1139$2,500 fine and probation or suspension.

     

     

     

     

    1146$5,000 fine and probation or suspension.

    1153$10,000 fine and revocation.

    11582. Violation of any provision of Title 61G4, F.A.C., or Chapter 489, Part I, F.S.

    1173FIRST OFFENSE

     

    1175REPEAT OFFENSE

     

     

    1177$1,000 fine or probation or suspension.

    1184$5,000 fine and probation or suspension.

     

     

    1191$2,500 fine and probation or suspension.

    1198$10,000 fine and suspension or revocation.

    12053. Failure to abide by the terms of a mediation agreement or another offense under this part.

    1222FIRST OFFENSE

    1224REPEAT OFFENSE

     

     

    1226$2,500 fine.

    1229$5,000 fine and probation or suspension.

     

     

    1236$5,000 fine and probation.

    1241$10,000 fine and suspension or revocation.

    1248(n) Section 1250489.129(1)(n), F.S.1252: Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.

    1269FIRST OFFENSE

    1271REPEAT OFFENSE

     

     

     

    1273$3,000 fine and probation or suspension.

    1280$10,000 fine and suspension.

     

     

     

    1285$10,000 fine and probation, suspension or revocation.

    1293$10,000 fine and revocation.

    1298(o) Section 1300489.129(1)(o), F.S.1302: Proceeding on any job without obtaining applicable local building department permits and/or inspections.

     

     

    13161. Late permits. Contractor pulls permit after starting job but prior to completion of same and does not miss any inspections.

    1337$250 fine.

    1339$3,000 fine and probation.

    13442. Failure to obtain inspections.

    1349FIRST OFFENSE

     

    1351REPEAT OFFENSE

     

    1353$500 fine.

     

    1355$2,500 fine and probation or suspension.

     

    1362$2,500 fine and probation or suspension.

    1369$5,000 fine revocation.

    13733. 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.

    1401FIRST OFFENSE

    1403REPEAT OFFENSE

     

     

     

    1405$1,000 fine.

    1408$5,000 fine.

     

     

     

    1411$5,000 fine and probation.

    1416$10,000 fine and suspension or revocation.

    1423(p) Section 1425489.129(1)(p), F.S.1427: 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.

    1463FIRST OFFENSE

     

    1465REPEAT OFFENSE

     

     

     

     

     

    1467$2,500 fine and probation or suspension.

    1474$5,000 fine and probation or suspension.

     

     

     

     

     

    1481$5,000 fine and suspension or revocation.

    1488$10,000 fine and revocation.

    1493(q) Section 1495489.129(1)(q), F.S.1497: Failure to satisfy a civil judgment obtained against the licensee or the business organization qualified by the licensee within a reasonable time.

    1520For 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.

    1564FIRST OFFENSE

     

     

    1566REPEAT OFFENSE

     

     

     

     

     

     

     

     

     

     

    1568$500 fine or proof of satisfaction of civil Judgment.

    1577$5,000 fine or proof of satisfaction of civil judgment.

     

     

     

     

     

     

     

     

     

    1587$5,000 fine or proof of satisfaction of civil Judgment.

    1597$10,000 fine or proof of satisfaction of civil judgment, and suspension or revocation.

    1611(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.

    1686(3) For purposes of these guidelines, violations for which the Respondent has previously been issued a citation pursuant to Section 1706455.224, F.S. 1708and Rule 171061G4-19.001, 1711F.A.C., shall be considered repeat violations.

    1717(4) In addition, the board shall assess the costs of investigation and prosecution, excluding costs related to attorney time.

    1736(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.

    1770(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.

    1814Rulemaking Authority 1816455.227, 1817489.108, 1818489.129 FS. 1820Law Implemented 1822455.227, 1823455.2273, 1824489.129 FS. 1826History–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.

     

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