Current through Reg. 50, No. 249, December 24, 2024
(1) In cases where the Board imposes a civil
penalty for violation of Chapter 455 or Part I of Chapter 489, F.S., or of the
rules promulgated thereunder, the penalty shall be paid within 30 days of its
imposition by order of the Board, unless a later time for payment is specified
in the Board's Order. Moreover, unless otherwise addressed by the Board at
hearings held pursuant to Section
120.57(2),
F.S., whenever a civil penalty is levied at said hearing the respondent who is
disciplined shall have all licensure to practice contracting suspended with the
imposition of the suspension being stayed for thirty (30) days. If the ordered
civil penalty is paid within said thirty (30) day period, the suspension
imposed shall not take effect. Upon payment of the civil penalty after the
thirty (30) days, the suspension imposed shall be lifted. If the licensee does
not pay the civil penalty, within said period, then immediately upon expiration
of the stay, the licensee shall surrender his/her licensure to an investigator
of the Department of Business and Professional Regulation or shall mail said
license to the Board offices.
(2)
Failure to pay the civil penalty within the time specified in this rule or in
the Board's Order shall constitute grounds for further disciplinary action
against the licensee.
(3) Failure
to pay a fine within the time specified in this rule or in the Board's Order
shall result in the assessment of an interest payment at an annual percentage
rate of eighteen percent (18%); said interest shall begin to accrue from the
date immediately succeeding the due date of the fine.
(4) For purposes of this rule, the term civil
penalty shall include the assessment of any fines, costs associated with
investigation and prosecution of the complaint, and restitution.
(5) In cases where the Board imposes
probation for violation of Chapter 455 or Part I of Chapter 489, F.S., or of
the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear
before the Board at such times as directed by the Executive Director, or as
specified in the Final Order. In connection with each probation appearance, the
licensee shall answer questions under oath and shall provide copies of all
construction related monthly bank statements, permit applications, contracts,
and operations questionnaires since the entry of the final order if it is the
first probation appearance or since the last probation appearance if it is
other than the first probation appearance. In addition, the licensee shall
provide such other information or documentation as is requested by either the
Department or, the Board. The licensee shall forward said documentation to the
Board in advance of the probation appearance.
(b) The burden shall be solely upon the
licensee to remember the requirement for said appearance, and to take the
necessary steps in advance of said appearance to contact the Board office and
ascertain the specific time, date, and place of said appearance. The licensee
shall not rely on getting notice of said appearance from the Board or the
Department.
(c) Should the licensee
violate any condition of the probation, it shall be considered a violation of
Section 489.129(1)(j),
F.S., and shall result in further disciplinary action by the Board.
(d) Should the licensee fail to make a
satisfactory appearance as determined by the Board, the term of the
probationary period shall automatically be extended by six (6) months. If there
occurs a second such failure, then the term of the probationary period will be
extended an additional six (6) months. Should the Board determine a third
failure of the licensee to make a satisfactory appearance, then the term of the
probationary period will be extended an additional six (6) months, the stay of
suspension of the licensee's licensure to practice contracting shall be lifted
and the license shall remain in suspended status unless and until a further
stay is granted by the Board, or the time period for probation, with the
addition of six (6) months, expires.
(e) Should the Board determine an appearance
is unsatisfactory, the board may authorize the licensee to complete a 7-hour
Business Practices course approved by the Board, in lieu of one unsatisfactory
appearance. Should the licensee request this action, the licensee shall have 90
days from the date of appearance before the Board within which to complete the
course. If the licensee fails to complete the course within the 90-day time
period, the appearance will be deemed unsatisfactory and the provisions of
paragraph (5)(d), shall apply.
(f)
Should the licensee's licensure to practice contracting be placed on inactive
status, the probation period shall be tolled and shall resume running at the
time the licensee reactivates the license or returns to the active practice of
contracting, and the licensee shall then serve the time remaining in the term
of probation.
(g) The licensee's
licensure to practice contracting shall be suspended for the period of
probation, with the suspension stayed for the period of probation. The time of
the suspension and the stay shall run concurrently with the period of
probation, except as provided otherwise in the Final Order. If the licensee
successfully completes probation, the suspension shall terminate. If the
licensee fails to comply with the requirements set forth in this rule or in the
Final Order imposed in this case, or fails to make satisfactory appearances as
determined by the Board, the stay shall be lifted. Once the stay is lifted, the
license shall remain in suspended status unless and until a further stay is
granted by the Board, or the time period for probation
expires.
Rulemaking Authority
455.227(2),
489.108 FS. Law Implemented
455.227(2),
489.129(2), (6)
FS.
New 1-6-80, Amended 12-19-82, Formerly 21E-12.08, Amended
5-29-90, 7-21-92, Formerly 21E-12.008, Amended 8-21-95, 11-25-97, 7-17-01,
2-28-06, 4-8-18.
