§ 6-283. Violations; penalties—Persons certified or registered as contractors.

It is a violation of this article for any person duly certified or registered under the provisions of this article to commit any act that may be cause for warning or suspension or revocation of a certificate of competency or which may be cause for disciplinary action pursuant to penalties as provided in this article. The acts or circumstances that constitute cause for warning or suspension or revocation of a certificate of competency include, but are not limited to, as follows:

(a)

Operating a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in sections 489.119 and 489.1195, Florida Statutes.

(b)

Willfully or deliberately disregarding and violating the applicable building codes or laws of the state or any municipalities, cities or counties thereof.

(c)

Commencing or performing work for which a permit is required pursuant to the adopted state minimum building code without such permit being in effect.

(d)

Aiding or abetting any uncertified or unregistered person to evade any provision of this article.

(e)

Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered.

(f)

Knowingly combining or conspiring with an uncertified or unregistered person by allowing one's certificate, registration or certificate of authority to be used by any uncertified or unregistered person with intent to evade the provisions of this article. A certificate holder or registrant allowing his or her certificate or registration to be used by one or more business organizations without having any active participation in the operations, management or control of said business organization, constitutes prima facie evidence of an intent to evade the provisions of this article.

(g)

Acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificate holder or registrant as set forth on the issued certificate or registration or in accordance with the personnel of the certificate holder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this article.

(h)

Engaging in the business or acting in the capacity of a contractor or advertising himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority.

(i)

The revocation or suspension of a certificate holder's registration with the Florida Construction Industry Licensing Board or of a certificate holder's certificate of competency from some other jurisdiction.

(j)

Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates the project without just cause or proper notification to the prospective owner or fails to perform work without just cause for 90 consecutive days.

(k)

Aiding and abetting a homeowner or other building owner in obtaining a permit for the purpose of avoiding his or her responsibilities as a contractor and without advising the homeowner of the legal responsibilities he or she assumes on taking out a permit.

(l)

Allowing his or her name, certificate, registration or license to be used by another contractor or any other person, either for the purpose of obtaining permits, or for doing business or work under his or her license.

(m)

Being convicted of fraud, gross negligence, repeated negligence, negligence which results in significant danger to life and property, incompetency or misconduct in the practice of contracting.

(n)

Violating and/or concealing information of violations of any provision of this article.

(o)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor at the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned.

(p)

Failing in any material respect to comply with the provisions of this part of violating a rule or lawful order of the board.

(q)

Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor, and materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that workers' compensation and public liability insurance are provided.

(r)

Proceeding on any job without obtaining applicable permits and inspections.

For the purposes of this section, construction is considered commenced when the contract is executed and the contractor has accepted funds from the customer or lender.

For the purposes of this section, a person or business organization operating on an inactive or suspended certificate, registration, or certificate of authority is not duly certified or registered and is considered unlicensed. A business tax receipt issued under the authority of Chapter 205, Florida Statutes, is not a license for purposes of this part.

(Ord. No. 07-32, § 2(Exh. A), 6-19-07)