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.
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) No change.
(b) Sections 489.129(1)(b), 455.227(1)(c), F.S. Convicted or found guilty of a crime relating to contracting.
$3,500 fine or probation or suspension.
$510,000 fine and probation, suspension or revocation.
(c) through (e) No change.
(f) Sections 489.129(1)(f), 489.119(2), F.S.: Acting under a name not on license.
FIRST OFFENSE
SECOND OFFENSE
No change.
No change.
(g) Section 489.129(1)(g), F.S.: Mismanagement or misconduct causing financial harm to the customer.
FIRST OFFENSE
REPEAT OFFENSE
$1,500 fine or probation or suspension.
$2,500 fine and probation or suspension.
$5,000 fine and probation, suspension, or revocation.
$7,50010,000 fine and revocation.
(h) through (k) No change.
(l) Section 489.129(1)(l), F.S.: Committing fraud or deceit in the practice of contracting.
1. Causing no monetary or other harm to licensee’s customer.
$2,500 fine and probation or suspension.
$5,00010,000 fine and revocation.
2. No change.
(m) Section 489.129(1)(m), F.S.; Misconduct or incompetency in the practice of contracting, shall include, but is not limited to:
1. Failure to honor a warranty.
FIRST OFFENSE
REPEAT OFFENSE
$1,000 fine or probation or suspension.
$2,500 fine and probation or suspension.
$2,5005,000 fine and probation or suspension.
$5,00010,000 fine and revocation.
2. No change.
3. No change.
(n) Section 489.129(1)(n), F.S.: Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.
FIRST OFFENSE
REPEAT OFFENSE
$3,000 fine and probation or suspension.
$10,000 fine and suspension.
$510,000 fine and probation, suspension or revocation.
$10,000 fine and revocation.
(o) through (q) No change.
(r) Section 489.147(2)(a), F.S.: Soliciting a residential property owner by means of a prohibited advertisement.
FIRST OFFENSE
REPEAT OFFENSE
$250 fine.
$1,000 fine and probation or suspension.
$500 fine and probation.
$2,500 fine and probation, suspension or revocation.
(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:
1. Allowing the contractor to conduct an inspection of the residential property owner’s roof; or
2. Making an insurance claim for damage to the residential property owner’s’ roof.
FIRST OFFENSE
REPEAT OFFENSE
$500 fine
$1,000 fine and probation or suspension.
$1,000 fine and probation.
$5,000 fine and probation, suspension or revocation.
(t) Section 489.147 (2)(c) 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
REPEAT OFFENSE
$1,000 fine and probation.
$5,000 fine and probation or suspension.
$5,000 fine and probation.
$5,000 fine and probation.
(v) Section 489.147 (2)(e) 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
REPEAT OFFENSE
$1,000 fine and probation.
$5,000 fine and probation, suspension or revocation.
$5,000 fine and probation.
$10,000 fine and probation, suspension, or revocation.
(2) through (5) No change.
(6) The absence of any violation from this rule 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.
Rulemaking Authority 455.227, 489.108, 489.129 FS. Law Implemented 455.227, 455.2273, 489.129 FS. History–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, .
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 (850) 487-1395, or by electronic mail – Donald.Shaw@myfloridalicense.com
