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									Department of Business and
  Professional Regulation

  Professional Responsibility and
        Unlicensed Activity
 Escambia
              Santa                         Holmes
              Rosa                                         Jackson
                        Okaloosa
                                   Walton
                              1              Washington
                                                                               Gadsden        2
                                                                                                  Jefferson
                                                                                                                         Hamilton
                                                                                                                                                                  Nassau



                                                  Bay     Calhoun                        Leon
                                                                                                              Madison                                                      3
                                                                     Liberty                                             Suwannee                     Baker              Duval
                                                                                    Wakulla                                         Columbia
                                                                                                        Taylor
         Department of Business                            Gulf                                                     Lafayette                  Union
                                                                                                                                                                  Clay
         and Professional                                             Franklin
                                                                                                                                                                              St Johns
                                                                                                                                              Alachua
         Regulation                                                                                                     Dixie
                                                                                                                                Gilchrist
                                                                                                                                                     4             Putnam
         Main Phone Line: 850.487.1395                                                                                                                                              Flagler

                                                                                                                                 Levy
         To file a complaint against a licensee or report unlicensed activity:                                                                           Marion
         850.488.6603                                                                                                                                                                    Volusia

DIVISION OF PROFESSIONS & REGULATION                                                                                                    Citrus                           Lake
Unlicensed Activity Program Administrator: Mark Reddinger                                                                                            Sumter                          Seminole
                                                                                                                                            Hernando
                                                                                                                                                                                5
                                                                                                                                                                                 Orange
                                                                                                                                                                                                      Brevard
REGIONAL OFFICES                                                                                                                            Pasco
Region 1 - Ft. Walton Beach                                       Region 6 - Tampa
Elaine Brantley, Regional Program Administrator                   Fred Brown, Regional Program Administrator                                                                         Osceola
103 Lewis Street                                                  3725 W. Grace Street, Suite 500
Ft. Walton Beach, FL 32547-3142                                   Tampa, FL 33607-4814
                                                                  813.356.1695
                                                                                                                                              6                       Polk
850.833.9162
                                                                  Region 7 - Fort Myers                                                                                                               Indian River
Region 2 - Tallahassee                                            David Nolan , Regional Program Administrator
Peter Newman, Regional Program Administrator                      2295 Victoria Avenue, Suite 263
1940 N. Monroe Street                                                                                                                            Manatee                                      Okeechobee
                                                                  Fort Myers, FL 33901-3877                                                                       Hardee                                       St. Lucie
Tallahassee, FL 32399-2218                                        239.338.2376                                                                                                   Highlands
850.488.0737
                                                                  Region 8 - West Palm Beach                                                                      DeSoto
Region 3 - Jacksonville                                                                                                                             Sarasota                                                    Martin
David McDowell, Regional Program Administrator                    Edwardo Garcia, Regional Program Administrator
7960 Arlington Expressway, Suite 610                              400 N. Congress Avenue, Suite 151
                                                                                                                                                                                    Glades
Jacksonville, FL 32211--7440                                      West Palm Beach, FL 33401-8701                                                                  Charlotte
904.727.5591                                                      561.682.0122
                                                                                                                                                               7                                                           8
                                                                                                                                                                                             Henry               Palm Beach
Region 4 - Gainesville                                            Region 9 - Margate                                                                                 Lee
Richard Cook, Regional Program Administrator                      Cheryl Biesky, Regional Program Administrator
240 NW 76th Drive, Suite C                                        5080 Coconut Creek Parkway, Suite A
                                                                  Margate, FL 33063-3942
Gainesville, FL 32607-6635
352.333.2861                                                      954.917.1333                                                                                             Collier
                                                                                                                                                                                                           9
                                                                                                                                                                                                               Broward
Region 5 - Orlando                                                Region 10 - Miami
Dan Hogan, Regional Program Administrator                         Bill Tejeda, Regional Program Administrator
400 West Robinson Street, N802                                    8685 NW 53rd Terrace, Suite 111                                                                                          Monroe
Orlando, FL 32801-1732
407.317.7840
                                                                  Miami, FL 33166-4519
                                                                  305.513.3437
                                                                                                                                                                                                           10
                                                                                                                                                                                                           Dade




                                                                                                                                                                                                                           sag
    Professions Regulated by the
              Division
   Construction Industry Licensing Board        Athlete Agents
   Electrical Contractors’ Licensing Board      Board of Auctioneers
   Building Code Administrators and             Regulatory Council of Community
    Inspectors Board                              Association Managers
   Board of Cosmetology                         Talent Agents
   Barbers’ Board                               Board of Pilot Commissioners
   Board of Funeral Directors and               Board of Employee Leasing Companies
    Embalmers                                    Child Labor
   Board of Veterinary Medicine                 Farm Labor
   Asbestos Consultants                         Board of Landscape Architecture
   Board of Professional Surveyors &            Board of Professional Geologists
    Mappers
     Mission of the Division of
    Professions and Regulation
   The department’s         The department's
    Division of               Division of Regulation
    Professions is            serves as the
    responsible for the       enforcement arm for
    licensing of over         the professions and
    315,000                   related businesses
    professionals.            licensed by the
                              Division of Professions
Mission of the Unlicensed Activity
      & Inspection Program
     Mission: Identify and eliminate the
 
     practice of unlicensed activity through          Program Activities:
     the coordinated efforts of the
     Department’s regional offices, local             Public Service Announcements
     building departments, other state
     agencies, law enforcement agencies, and          Sweeps
     the appropriate State Attorney’s Office.
                                                      Stings
    Objective: Educate the public of the need
     to hire only licensed individuals when           Disaster Operations
     licensure is required and to conduct
     operations to identify the practice of           Unlicensed Activity Web Page
     unlicensed activity. Once these practices
     are identified, the Department will take
     appropriate steps to effectively eliminate
     the activity. These steps may include the
     issuance of a cease and desist order, the
     issuance of a citation, or an imposition of
     administrative fines.
       455.227 Grounds for discipline;
           penalties; enforcement
   (1) The following acts shall constitute grounds for which the disciplinary actions specified in
    subsection (2) may be taken

   (a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the
    licensee's profession.

   (c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of
    adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a
    licensee's profession.

   (i) Failing to report to the department any person who the licensee knows is in violation of this
    chapter, the chapter regulating the alleged violator, or the rules of the department or the board.

   (j) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a
    profession contrary to this chapter, the chapter regulating the profession, or the rules of the
    department or the board.
    455.227 Grounds for discipline;
        penalties; enforcement
   (o) Practicing or offering to practice beyond the scope permitted by law or accepting and
    performing professional responsibilities the licensee knows, or has reason to know, the licensee is
    not competent to perform.

   (p) Delegating or contracting for the performance of professional responsibilities by a person
    when the licensee delegating or contracting for performance of such responsibilities knows, or has
    reason to know, such person is not qualified by training, experience, and authorization when
    required to perform them.

   (o) Practicing or offering to practice beyond the scope permitted by law or accepting and
    performing professional responsibilities the licensee knows, or has reason to know, the licensee is
    not competent to perform.

   (p) Delegating or contracting for the performance of professional responsibilities by a person
    when the licensee delegating or contracting for performance of such responsibilities knows, or has
    reason to know, such person is not qualified by training, experience, and authorization when
    required to perform them.
 455.227 Grounds for discipline;
penalties; enforcement. Continued
   (2) When the board, or the department when there is no board, finds any person guilty
    of the grounds set forth in subsection (1) or of any grounds set forth in the applicable
    practice act, including conduct constituting a substantial violation of subsection (1) or a
    violation of the applicable practice act which occurred prior to obtaining a license, it
    may enter an order imposing one or more of the following penalties:


   (a) Refusal to certify, or to certify with restrictions, an application for a license.


   (b) Suspension or permanent revocation of a license.


   (c) Restriction of practice.
 455.227 Grounds for discipline;
penalties; enforcement. Continued
   (d) Imposition of an administrative fine not to exceed $5,000 for each count or
    separate offense.


   (e) Issuance of a reprimand.


   (f) Placement of the licensee on probation for a period of time and subject to such
    conditions as the board, or the department when there is no board, may specify. Those
    conditions may include, but are not limited to, requiring the licensee to undergo
    treatment, attend continuing education courses, submit to be reexamined, work under
    the supervision of another licensee, or satisfy any terms which are reasonably tailored
    to the violations found.
              489.103 Exemptions.--Part I
               This part does not apply to:
   (3) An authorized employee of the United States, this state, or any municipality, county, irrigation district,
    reclamation district, or any other municipal or political subdivision, except school boards, the 1Board of
    Regents, and community colleges, unless for the purpose of performing routine maintenance or repair or
    construction not exceeding $200,000 to existing installations, if the employee does not hold himself or herself
    out for hire or otherwise engage in contracting except in accordance with his or her employment. If the
    construction, remodeling, or improvement exceeds $200,000, school boards, the 1Board of Regents, and
    community colleges, shall not divide the project into separate components for the purpose of evading this
    section.


   (6) The sale or installation of any finished products, materials, or articles of merchandise that are not
    fabricated into and do not become a permanent fixed part of the structure, such as awnings. However, this
    subsection does not exempt in-ground spas and swimming pools that involve excavation, plumbing,
    chemicals, or wiring of any appliance without a factory-installed electrical cord and plug.


   (10)(a) Any construction or operation incidental to the construction or repair of irrigation and drainage ditches;
   (b) Regularly constituted irrigation districts or reclamation districts
489.103 Exemptions.--This part does
       not apply to: Continued

    (11) A registered architect or engineer acting within the scope of his or her practice or any
     person exempted by the law regulating architects and engineers, including persons doing
     design work as specified in s. 481.229(1)(b); provided, however, that an architect or
     engineer shall not act as a contractor unless properly licensed under this chapter.

    (12) Any person who only furnishes materials or supplies without fabricating them into, or
     consuming them in the performance of, the work of the contractor.

    (16) An architect or landscape architect licensed pursuant to chapter 481 or an engineer
     licensed pursuant to chapter 471 who offers or renders design-build services which may
     require the services of a contractor certified or registered pursuant to the provisions of this
     chapter, as long as the contractor services to be performed under the terms of the design-
     build contract are offered and rendered by a certified or registered general contractor in

     accordance with this chapter.
489.127 Prohibitions; penalties.
   (1) No person shall:


   (a) Falsely hold himself or herself or a business organization out as a licensee,
    certificateholder, or registrant;


   (b) Falsely impersonate a certificateholder or registrant;


   (c) Present as his or her own the certificate, registration, or certificate of authority of
    another;


   (d) Knowingly give false or forged evidence to the board or a member thereof;
489.127 Prohibitions; penalties.
          Continued
   (e) Use or attempt to use a certificate, registration, or certificate of authority which has
    been suspended or revoked;


   (f) Engage in the business or act in the capacity of a contractor or advertise 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;


   (h) Commence or perform work for which a building permit is required pursuant to part
    VII of chapter 553 without such building permit being in effect
489.127 Prohibitions; penalties.
   (2)(a) Any unlicensed person who violates any of the provisions of subsection (1)
    commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
    775.083.


   (b) Any unlicensed person who commits a violation of subsection (1) after having been
    previously found guilty of such violation commits a felony of the third degree,
    punishable as provided in s. 775.082 or s. 775.083.


   (c) Any unlicensed person who commits a violation of subsection (1) during the
    existence of a state of emergency declared by executive order of the Governor
    commits a felony of the third degree, punishable as provided in s. 775.082 or s.
    775.083.
               489.129
      Disciplinary proceedings.

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

   (g) Committing mismanagement or misconduct in the practice of contracting
    that causes financial harm to a customer.

   (l) Committing fraud or deceit in the practice of contracting.
489.129 Disciplinary proceedings.
           Continued

    (m) Committing incompetency or misconduct in the practice of contracting.


    (n) Committing gross negligence, repeated negligence, or negligence
     resulting in a significant danger to life or property.


    (o) Proceeding on any job without obtaining applicable local building
     department permits and inspections.
      489.503 Exemptions.--Part II
       This part does not apply to:
   (2) An authorized employee of the United States, this state, or any municipality, county, irrigation
    district, reclamation district, or any other municipal or political subdivision of this state, except
    school boards, the 1Board of Regents, and community colleges, unless for the purpose of
    performing routine maintenance or repair or construction not exceeding $200,000 to existing
    installations, as long as the employee does not hold himself or herself out for hire or otherwise
    engage in contracting except in accordance with his or her employment. If the construction,
    remodeling, or improvement exceeds $200,000, school boards, the 1Board of Regents, and
    community colleges, shall not divide the project into separate components for the purpose of
    evading this section.

   (5) The sale or installation of any finished products, materials, or articles of merchandise which

    are not actually fabricated into, and do not become a permanent fixed part of, the structure .
                 489.531
          Prohibitions; penalties.
   (1) A person may not:
   (a) Practice contracting unless the person is certified or registered;
   (b) Use the name or title "electrical contractor" or "alarm system contractor" or words to that
    effect, or advertise himself or herself or a business organization as available to practice electrical
    or alarm system contracting, when the person is not then the holder of a valid certification or
    registration issued pursuant to this part;
   (c) Present as his or her own the certificate or registration of another;
   (d) Use or attempt to use a certificate or registration that has been suspended, revoked, or placed
    on inactive or delinquent status;
   (e) Employ persons who are not certified or registered to practice contracting
                489.531
         Prohibitions; penalties.
   (2) Any person who violates any provision of subsection (1) commits a misdemeanor
    of the first degree, punishable as provided in s. 775.082 or s. 775.083.
   (3)(a) Any unlicensed person who violates any of the provisions of subsection (1)
    commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
    775.083.
   (b) Any unlicensed person who commits a violation of subsection (1) after having been
    previously found guilty of such violation commits a felony of the third degree,
    punishable as provided in s. 775.082 or s. 775.083.
   (c) Any unlicensed person who commits a violation of subsection (1) during the
    existence of a state of emergency declared by executive order of the Governor
    commits a felony of the third degree, punishable as provided in s. 775.082 or s.
    775.083.
       Alternative Dispute Resolution
                  Program
       Ronald A. Safford, Program Coordinator
         (850) 487-9518, Suncom 277-9518


   Mission - The mission of the program is to expedite the resolution of
    complaints, and reduce the associated costs of processing these
    complaints by helping the disputing parties reach a mutually acceptable
    and voluntary agreement.

   Objective - It is the objective of the Department to diligently encourage
    and facilitate the resolution of all qualified complaints by a voluntary,
    non-adversarial, and mutually acceptable process. It is only after these
    attempts have failed that other means are to be utilized.

    Informal Recovery Amount:        $376,455.94
    Mediation Recovery Amount:       $2,206,930.22

    Fort Walton Recovery Amount: $116,815.37
  Unlicensed Activity Program Statistics

                   01-02    02-03    03-04


Stings             5        22       17

Sweeps             112      261      285

Sites Visited      1,493    2,420    2,712

License Checks     2,408    3,861    5,877
Fiscal Year 2004-2005 Sweep
           Statistics

								
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