§ 14-346. Grounds for disciplinary action.

(a)

The following are the grounds for disciplinary action by the board against a licensed contractor:

(1)

Failure to obey a stop-work order of the building and planning department.

(2)

Misrepresentation of any material fact in the application for a certificate of competency, certificate of renewal, or permit.

(3)

Failure to qualify a firm, or acting in the capacity of a contractor under any name other than the name of the certificate holder set forth in the issued certificate or registration.

(4)

Abandoning 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 without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.

(5)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occur when:

a.

Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for a customer's job; the contractor received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days of such liens;

b.

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 the 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; or

c.

The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract and the customer.

(6)

Material deviation from the approved plans accompanying the application for the permit issued to the certificate holder.

(7)

Failing in any material respect to comply with the provisions of F.S. § 489 or any city code provision which directly relates to contracting.

(8)

Knowingly colluding or conspiring with an unlicensed person by allowing their certificate and any permit issued thereunder to be used by the unlicensed person with the intent to evade the provisions of this chapter, such person is not working under the supervision or as an employee of the certificate holder. Allowing one's certificate to be used by one or more business organizations without having any active participation in the operations, management, or control of such business organization constitutes prima facie evidence of an intent to evade the provisions of this subsection.

(9)

Contracting beyond the scope of a certificate.

(10)

Proceeding and/or completing any work, for which a permit is required, without obtaining all applicable permits or inspections.

(11)

Being convicted or found guilty or entering a plea of nolo contenders in a court of law, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting.

(12)

Committing fraud or deceit or negligence or misconduct in the practice of contracting, further described as follows:

a.

Fraud occurs when there is an intentional perversion of the truth in order to induce someone to part with something of value;

b.

Deceit occurs when a person has imposed a false idea or belief on another in order to obscure the truth;

c.

Negligence occurs when a person has not attended to their duties or business with proper care and diligence;

d.

Incompetence occurs when a person is not qualified, or is inadequately trained and is unable to function properly;

e.

Misconduct occurs when a person has intentionally done wrong or has deliberately violated a law or regulation.

(13)

Willfully or deliberately violating applicable state or local building codes, statutes or ordinances.

(14)

Falsely certifying another's qualifications in order to obtain a certificate of competency.

(15)

Being disciplined by another municipality or county which has reciprocity with the city for an act or violation or any regulatory provision which directly relates to the practice of contracting, which discipline shall be reviewed by the board before taking disciplinary action on its own.

(16)

Filing a voluntary petition in bankruptcy with the intention of defrauding a property owner or avoiding a payment for materials furnished or labor performed.

(17)

Attempting to influence a member of the board regarding a pending disciplinary action.

(18)

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 indication results in a financial loss to the owner, purchaser, or contractor, or falsely indicating that worker's compensation and public liability insurance are provided.

(19)

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

(b)

The following are grounds for disciplinary action by the board against an unlicensed contractor or any person who assists an unlicensed contractor.

(1)

Falsely advertising or holding oneself or a business organization as a contractor.

(2)

Falsely impersonating a contractor.

(3)

Presenting as one's own, the certificate or registration of another.

(4)

Giving false or forged evidence for the purpose of obtaining a certificate or registration.

(5)

Using or attempting to use a certificate or registration which has been suspended or revoked.

(6)

Engaging in the business or acting in the capacity of a contractor advertising oneself or a business organization as available to be engaged in business, or act in the capacity of a contractor without being duly registered or certified.

(7)

Commencing or performing work for which a building permit is required pursuant to any applicable building code provisions without such permit being in effect.

(8)

Intentionally furnishing any materially false or misleading information on any application for a permit.

(9)

Willfully or deliberately aiding or abetting an unlicensed or unregistered person or entity in the practice of contracting, when such person or entity is required to be certified or registered according to the provisions of state laws or municipal or county ordinances.

(10)

As an unlicensed or unregistered person associated with a contracting firm qualified by a license under state law, county or municipal ordinance:

a.

Concealing or causing to be concealed, or assisting in concealing, from the primary qualifying agent, any material, activities or information about the contracting firm.

b.

Excluding or facilitating the exclusion of any aspect of the contracting firm's financial or other business activities from the primary qualifying agent.

c.

Knowingly causing any part of the contracting firm's activities, financial or otherwise, to be conducted with the primary qualifying agent's supervisor.

d.

Assisting or participating with any qualifying agent in the violation of any provision of state law, or county or municipal ordinance.

(11)

Willfully or deliberately disregarding any municipal ordinance relating to unlicensed or unregistered contractors

(Ord. No. 864, 3-25-97)