61G4-17.001. Normal Penalty Ranges

CHAPTER 61G4-17 DISCIPLINARY GUIDELINES 61G4-17.001 Normal Penalty Ranges 61G4-17.002 Aggravating and Mitigating Circumstances 61G4-17.003 Repeat Violations 61G4-17.005 Penalties Cumulative and Consecutive 61G4-17.006 Mitigation; Notice of Mitigation and Aggravation (Repealed) 61G4-17.007 Probation 61G4-17.008 Stipulations (Repealed) 61G4-17.009 Violations of Provisions of This Chapter (Repealed) 61G4-17.001 Normal Penalty Ranges. (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. PENALTY RANGE VIOLATION MINIMUM MAXIMUM (a) Section 489.129(1)(a), F.S. Obtaining license through fraud or misrepresentation. If misrepresentation If fraud $5,000 fine and probation or suspension. $5,000 fine and probation or suspension. $5,000 fine and revocation. $10,000 fine and revocation. (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. $10,000 fine and probation, suspension or revocation. (c) Section 489.129(1)(c), F.S.: Violating any part of Chapter 455, F.S. 1. Section 455.227(1)(a), F.S.: Fraud, deceit, misleading, or untrue representations. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation. 2. Section 455.227(1)(r), F.S.: Improperly interfering with an investigation or disciplinary action. $5,000 fine or probation or suspension. $10,000 fine and probation, suspension or revocation. (d) Section 489.129(1)(d), F.S.: Assisting unlicensed person to evade provision of Chapter 489, F.S. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation. (e) Section 489.129(1)(e), F.S.: Combining and conspiring with unlicensed person or entity to evade provision of Chapter 489, F.S. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation. (f) Sections 489.129(1)(f), F.S.: Acting under a name not on license. FIRST OFFENSE SECOND OFFENSE $1,500 fine. $2,500 fine. $5,000 fine and probation or suspension. $5,000 fine and suspension or revocation. (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 or suspension, or revocation. $7,500 fine and revocation. (h) Section 489.129(1)(h), F.S.: Local disciplinary action. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline. (i) Section 489.129(1)(i), F.S.: Failing in any material respect to comply with the provisions of Part I of Chapter 489, F.S. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline. 1. Section 489.1195(2)(e), F.S.: Failure to supervise construction activities. FIRST OFFENSE REPEAT OFFENSE $2,500 fine and probation or suspension. $5,000 fine and probation or suspension. $5,000 fine and probation or suspension. $10,000 fine and revocation. 2. Sections 489.113, 489.117, F.S.: Contracting beyond scope of practice allowed by license, no safety hazard. FIRST OFFENSE REPEAT OFFENSE $1,000 fine or probation or suspension. $5,000 fine and probation or suspension. $3,000 fine and probation or suspension. $10,000 fine and revocation. 3. Sections 489.113, 489.117, F.S.: Contracting beyond scope of license, safety hazard is created. FIRST OFFENSE REPEAT OFFENSE $4,000 fine and probation or suspension. $5,000 fine and probation or suspension. $8,000 fine and probation, suspension or revocation. $10,000 fine and revocation. 4. Section 489.1425, F.S.: Failure to notify residential property owner of recovery fund. FIRST OFFENSE REPEAT OFFENSE $250 fine. $1,000 fine. $500 fine. $1,000 fine. 5. Section 489.116, F.S.: Contracting with a delinquent license. FIRST OFFENSE REPEAT OFFENSE $1,500 fine, respondent must pay all fees and costs required to place license in current and active status, or probation or suspension. $2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension. $2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension. $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. 6. Section 489.116, F.S.: Contracting with an inactive license. $5,000 fine and probation or suspension. $10,000 fine and revocation. 7. Section 489.117, F.S.: Contracting in a city or county where the contractor is not licensed. First 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. $1,000 fine or probation or suspension. $2,500 fine and probation or suspension. 8. Section 489.119, F.S.: Failure to qualify a business organization. FIRST OFFENSE REPEAT OFFENSE $2,500 fine. $5,000 fine. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation. 9. Section 489.119(5)(b), F.S.: License number not appearing in advertisement. FIRST OFFENSE REPEAT OFFENSE $250 fine. $500 fine. $1,000 fine. $2,500 fine and probation. 10. Section 489.124, F.S.: Failure to keep business and financial records as required. $1,000 fine. $5,000 fine and revocation. 11. Section 489.126(2), F.S.: 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. FIRST OFFENSE REPEAT OFFENSE $2,500 fine or probation or suspension. $5,000 fine and probation or suspension. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation. (j) Section 489.129(1)(j), F.S.: Abandonment. FIRST OFFENSE REPEAT OFFENSE $2,500 fine and probation or suspension. $5,000 fine and probation or suspension. $7,500 fine and probation, suspension, or revocation. $10,000 fine and revocation. (k) Section 489.129(1)(k), F.S.: False payment statements, false statement of insurance coverage. 1. False payment statement. FIRST OFFENSE REPEAT OFFENSE $2,500 fine. $5,000 fine and/or probation or suspension. $7,500 fine and probation or suspension. $10,000 fine and revocation. 2. False statement of insurance coverage. FIRST OFFENSE REPEAT OFFENSE $1,000 fine and probation or suspension. $5,000 fine and probation or suspension. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation. (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. $5,000 fine and revocation. 2. Causing monetary or other harm to licensee’s customer. $5,000 fine and probation or suspension. $10,000 fine and revocation. (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. $2,500 fine and probation or suspension. $5,000 fine and revocation. 2. Violation of any provision of Title 61G4, F.A.C., or Chapter 489, Part I, F.S. FIRST OFFENSE REPEAT OFFENSE $1,000 fine or probation or suspension. $5,000 fine and probation or suspension. $2,500 fine and probation or suspension. $10,000 fine and suspension or revocation. 3. Failure to abide by the terms of a mediation agreement or another offense under this part. FIRST OFFENSE REPEAT OFFENSE $2,500 fine. $5,000 fine and probation or suspension. $5,000 fine and probation. $10,000 fine and suspension or revocation. (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. $5,000 fine and probation, suspension or revocation. $10,000 fine and revocation. (o) Section 489.129(1)(o), F.S.: Proceeding on any job without obtaining applicable local building department permits and/or inspections. 1. Late permits. Contractor pulls permit after starting job but prior to completion of same and does not miss any inspections. $250 fine. $3,000 fine and probation. 2. Failure to obtain inspections. FIRST OFFENSE REPEAT OFFENSE $500 fine. $2,500 fine and probation or suspension. $2,500 fine and probation or suspension. $5,000 fine revocation. 3. 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. FIRST OFFENSE REPEAT OFFENSE $1,000 fine. $5,000 fine. $5,000 fine and probation. $10,000 fine and suspension or revocation. (p) Section 489.129(1)(p), F.S.: 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. FIRST OFFENSE REPEAT OFFENSE $2,500 fine and probation or suspension. $5,000 fine and probation or suspension. $5,000 fine and suspension or revocation. $10,000 fine and revocation. (q) Section 489.129(1)(q), F.S.: Failure to satisfy a civil judgment obtained against the licensee or the business organization qualified by the licensee within a reasonable time. For 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. FIRST OFFENSE REPEAT OFFENSE $500 fine or proof of satisfaction of civil Judgment. $5,000 fine or proof of satisfaction of civil judgment. $5,000 fine and proof of satisfaction of civil Judgment and probation, suspension, or revocation. $10,000 fine or proof of satisfaction of civil judgment, and probation, suspension or revocation. (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), 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 REPEAT OFFENSE $1,000 fine and probation. $5,000 fine and probation or suspension. $5,000 fine and probation. $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, F.S. 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. (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 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. (w) Section 489.147(6), F.S.: Failure to include cancellation notice in residential roof repair or replacement contracts during a declaration of a state of emergency. FIRST OFFENSE REPEAT OFFENSE $250 fine. $1,000 fine. $500 fine. $1,000 fine. (x) Section 489.147(7), F.S.: Failure to include insurance notice in residential roof repair or replacement contract. FIRST OFFENSE REPEAT OFFENSE $250 fine. $1,000 fine. $500 fine. $1,000 fine. (y) Section 553.899(12), F.S.: Failure to disclose a conflict of interest related to a milestone inspection or structural integrity reserve study. FIRST OFFENSE REPEAT OFFENSE $1,000 fine. $2,500 fine. $2,500 fine. $5,000 fine. (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. (3) For purposes of these guidelines, violations for which the Respondent has previously been issued a citation pursuant to Section 455.224, F.S., and Rule 61G4-19.001, F.A.C., shall be considered repeat violations. (4) In addition, the board shall assess the costs of investigation and prosecution, excluding costs related to attorney time. (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. (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.