Normal Penalty Ranges

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-17.001Normal Penalty Ranges

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 69, April 8, 2022 issue of the Florida Administrative Register.

A Notice of Change was published in Vol. 48, No. 168, of the August 29, 2022, issue of the Florida Administrative Register. The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held July 15, 2022. The changes are as follows:

61G4-17.001 Normal Penalty Ranges.

        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.

 

	PENALTY RANGE
VIOLATION	MINIMUM	MAXIMUM
(a) through (s)  No change.
(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.
FIRST OFFENSE	$1,000 fine and probation.	$5,000 fine and probation.
REPEAT OFFENSE	$5,000 fine and probation or suspension.	$5,000 fine and probation.
(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.
FIRST OFFENSE	$500 fine.	$1,000 fine and probation.
REPEAT OFFENSE	$1,000 fine and probation or suspension.	$5,000 fine and probation, suspension, or revocation.
(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.
FIRST OFFENSE	$1,000 fine and probation.	$5,000 fine and probation.
REPEAT OFFENSE	$5,000 fine and probation, suspension or revocation.	$10,000 fine and probation, suspension, or revocation.

(2) through (6) No change.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Donald Shaw, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-1039, or telephone [phone], or by electronic mail – [e-mail]