§ 22-82. Disciplinary action.

The following acts shall constitute grounds for disciplinary action:

(1)

Obtaining or attempting to obtain a certificate of competency, or registration, by bribery or fraudulent or willful misrepresentation.

(2)

Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, any crime in any jurisdiction which directly relates to the practice of contracting or to the ability to practice contracting, in accordance with F.S. §§ 489.105(3)(a—q) or F.S. § 489.505.

(3)

Performing any act, which assists a person or entity in engaging in any prohibited or unregistered practice of contracting, with knowledge or reasonable grounds to believe that the assisted person or entity was not properly registered.

(4)

Knowingly combining or conspiring with an unregistered person to allow his certificate of competency or registration, to be used to evade the provisions of this chapter. Whenever a certificate holder or registrant allows his certificate of competency or registration to be used by any business organizations, without said certificate holder or registrant actively participating in the operation, management, or control of said business organization, such act constitutes prima facie evidence of intent to evade the provisions of this chapter.

(5)

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

(6)

Committing mismanagement or misconduct in the practice of contracting, which causes financial harm to a customer. Financial mismanagement or misconduct occurs when:

a.

Valid liens have been recorded against the property or a contractor's customer for supplies or services ordered by the contractor for the customer's job, the contractor has 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 after the date 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 as of 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;

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 between the contractor and the customer;

d.

The contractor fails, within 18 months thereof, to pay or comply with a repayment schedule of a judgment obtained against the contractor or against a business qualified by the contractor and relating to the practice of contracting.

(7)

Failing in any material respect to comply with the provisions of this chapter or violating any rule or lawful order of the CLCA.

(8)

Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project shall be presumed abandoned after 45 days if the contractor terminates the project without just cause or without proper notification including the reason for termination to the owner, or fails to perform work without just cause for 45 consecutive days.

(9)

Signing a statement, with respect to a project or contract, falsely indicating that the work is bonded or 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 a statement falsely indicating that workers' compensation and public liability insurance are provided for the job.

(10)

Committing fraud or deceit in the practice of contracting.

(11)

Committing incompetency or misconduct in the practice of contracting.

(12)

Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of contracting.

(13)

Proceeding on any job without obtaining applicable growth and resource management department or applicable county or city permits and inspections.

(14)

Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under F.S. § 713 pt. I, or a notice to contractor under F.S. § 255 or F.S. § 713, pt. I.

(15)

Failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the licensee or the business organization qualified by the licensee, relating to the practice of the licensee's profession.

(16)

Practicing beyond the scope of a certification or registration.

(17)

Practicing on a revoked, suspended, inactive, or delinquent certificate of competency or registration.

(18)

Failing to affix a registration or certification number as required by F.S. § 489.521(7).

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

(Ord. No. 2005-14, § 1, 10-6-05)