§ 22-534. Prohibited activities.

(a)

The following actions shall constitute grounds for the initiation of disciplinary action against any person or firm or the imposition of penalties as set forth in section 22-535:

(1)

Contract or agree to do any work outside the scope of the particular certificate of competency which he has been issued.

(2)

Abandon without legal cause any project or operation in which he is engaged or under contract as a contractor. A project may be presumed abandoned after 90 consecutive 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.

(3)

Perform any work in a manner not in compliance with any applicable building code, ordinance, law, rule, regulation, policy or procedure, and any amendments thereto, adopted by the board of county commissioners.

(4)

Depart from in any material respect the plans or specifications of any work or project which the contractor has to perform or which the master or journeyman has been employed to perform.

(5)

Violate, in the performance of his contracting business, or in the performance of his duties as a master or journeyman, any of the building, safety, health, insurance or workers' compensation laws of the state or ordinances of the county.

(6)

Misrepresent any material fact in his application or supporting papers required for the issuance of a certificate of competency.

(7)

Fail to fulfill any contractual obligation through inability to pay all creditors for material furnished or work or services performed.

(8)

Aid or abet any person or firm not holding a certificate of competency to evade the provisions of this article, or allow his certificate of competency to be used by any person or firm not holding a certificate of competency, or to act as an agent, partner or associate of any person or firm not holding a certificate of competency with intent to evade the provisions of this article; the use of a certificate of competency with intent to evade the provisions of this article. The use of a certificate of competency by any firm or firms without the holder thereof having any active participation in the operation, management or control of the firm or firms shall be prima facie evidence of intent to evade the provisions of this subsection.

(9)

Allow, under any circumstances, for monetary gain or otherwise, the use of a certificate of competency for the issuance of building permits for the benefit of any unlicensed contractor or contractor other than that person or firm to whom the applicable certificate is issued.

(10)

Perform any fraudulent act as contractor, master or journeyman by which another is substantially injured.

(11)

Divert any funds or property received for the prosecution or successful completion of any construction project or operation where, as a result of such diversion:

a.

The contractor is or will be unable to fulfill the terms of his obligation or contract; or

b.

The owner is subjected to the claims of any person or firm for labor, services or material under F.S. ch. 713, commonly known as the Mechanic's Lien Law.

(12)

Fail to notify the board that the contractor's qualified representative has severed his relationship with the contractor within 30 days of the effective date of severance as required by this article.

(13)

Employ any person to do work which is within the scope of work of any of the classes of master or journeyman herein set forth if such person has not been duly certified by the contractors' licensing board.

(14)

Fail to maintain any policy of insurance or workers' compensation insurance required by the terms of this article.

(15)

Conduct business as a contractor in any other name than that appearing on a certificate of competency held by the contractor.

(16)

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

a.

Valid liens have been recorded against the property of 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 the 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; 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 between the contractor and the customer.

(17)

Committing fraud or deceit in the practice of contracting.

(18)

Committing incompetence or misconduct in the practice of contracting.

(19)

Committing gross negligence, repeated negligence or negligence resulting in a significant danger to life or property.

(20)

Proceeding on any job without obtaining all applicable permits and inspections.

(21)

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.

(22)

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

(b)

The filing of a petition in bankruptcy, either voluntarily or involuntarily, or the making of a composition of creditors or the appointment of a receiver for the business of the contractor, may be considered by the board as just cause for the suspension or revocation of a certificate of competency of the contractor, but cannot be the sole reason.

(c)

A code inspector who finds a violation of subsection 22-534(a)(20) may issue a citation to the alleged violator. All such citations shall be enforced consistent with section 22-559. Any hearing held to enforce a violation of subsection 22-534(a)(20) against a licensed or unlicensed contractor shall be before the county unlicensed contractor special magistrate pursuant to section 22-560.

(Code 1979, § 6-64; Ord. No. 96-10, 3-26-96; Ord. No. 01-14, § 9, 4-3-01; Ord. No. 05-15, § 8, 4-26-05)