§ 8-62. Administrative hearings, formal and informal (licensed contractors, code appeals).

(1)

Authority to revoke, suspend, restrict, etc., contractors, registrations, certificates of authority and unlicensed contractors. The board and special master may revoke or suspend the certificate or registration of a contractor, certificate of authority of a business organization, place a contractor on probation, restrict the permit-pulling privileges of a contractor, require continuing education of a contractor, require financial restitution of a contractor, unlicensed contractor and/or business organization issued a certificate of authority, impose an administrative fine not to exceed five thousand dollars ($5,000.00) pursuant to section 489.131(7), Florida Statutes, and/or assess costs associated with investigation and prosecution against a contractor, a registration or the person or business organization issued such, an unlicensed contractor and/or a business organization issued a certificate of authority, or reprimand or censure a contractor if the contractor, or the business organization for which the contractor is a primary qualifying agent or a secondary qualifying agent, responsible under section 8-31 of this code; is found guilty of any of the following acts:

(a)

Obtaining a certificate or registration by fraud or misrepresentation.

(b)

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.

(c)

Violating any provision of Chapter 455, Florida Statutes.

(d)

Violating the applicable building codes or laws of the State of Florida, or of Hernando County.

(e)

Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. It shall be the duty of a contractor to ensure that those he employs or those employing him are duly licensed. The failure to conduct such an inquiry shall be prima facie proof of a violation of this code.

(f)

Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with intent to evade the provisions of this code. When a certificate holder or registrant allows his certificate or registration to be used by one or more business organizations without having any active participation in the operations, management or control of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this code.

(g)

Acting in the capacity of a contractor under any certificate or registration issued other than the name of the certificate holder or registrant as set forth on the issued certificate or registration.

(h)

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

1.

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 within seventy-five (75) days after the date of such liens.

2.

The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contractor 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 thirty (30) days after the date the job is abandoned; or

3.

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.

(i)

Being disciplined by any municipality or county for an act or violation of this code.

(j)

Failing in any material respect to comply with the provisions of this code or violating a rule or lawful order of the board.

(k)

Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after ninety (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 ninety (90) consecutive days.

(l)

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

(m)

Committing fraud or deceit in the practice of contracting.

(n)

Committing incompetency or misconduct in the practice of contracting.

(o)

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

(p)

Proceeding on any job without obtaining applicable local building department permits and inspections.

(q)

Intimidating, threatening, coercing or otherwise discouraging the service of a notice to owner under Part I of Chapter 713, Florida Statutes, or a notice to contractor under Chapter 255, Florida Statutes.

(r)

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

(s)

Knowingly and intentionally making or furnishing a statement in the form of an affidavit, whether or not under oath, containing false information about the payment status of subcontractors, sub-subcontractors, or suppliers in connection with the improvement of real property, knowing that the one to whom it was furnished might rely on it, and the one to whom it was furnished will part with draw payments or final payment relying on the truth of such statement as an inducement to do so.

(t)

Making or disseminating, in oral, written, or printed form, misleading advertising (representations that are known or through the exercise of reasonable care or investigation could or might have been ascertained to be untrue or misleading, which are made or were made with the intent or purpose of selling or disposing of real or personal property or services of any kind or which are made or were made to induce the public to enter into any obligation relating to such property or services).

(u)

Violating any of the provisions of section 8-41 of this code.

(2)

If during an informal hearing any party asserts and/or raises an issue of disputed fact, the hearing shall be terminated and a formal hearing before the special master shall be ordered as provided by section 8-48 of this code.

(3)

The certificate, registration or certificate of authority for any individual or business organization that associates a person as an officer, director, or partner, or in a managerial or supervisory capacity, after such person has been found under a final order to have violated this section or was an officer, director, partner, trustee, or manager of a business organization disciplined by the board by revocation, suspension, or fine in excess of two thousand five hundred dollars ($2,500.00), upon finding reasonable cause that such person knew or reasonably should have known of the conduct leading to the discipline; may be suspended, revoked, or denied issuance or renewal.

(4)

The board is authorized to conduct an administrative hearing either involving the appeal of a decision or interpretation of the building official or an appeal as to technical amendments of the Hernando County Construction Code, or an appeal of a notice of unsafe building.

(5)

With regard to an appeal of either the decision or interpretation of the building official, the owner of a building, structure or service system, or his duly authorized agent, may appeal a decision or interpretation of the building official to the board for a hearing whenever any one of the following conditions are claimed to exist:

(a)

The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

(b)

The provisions of the Hernando County Construction Code do not apply to this specific case.

(c)

That an equally good or more desirable form of installation can be employed in any specific case.

(d)

The true intent and meaning of the Hernando County Construction Code or any of the regulations there under have been misconstrued or incorrectly interpreted.

(6)

With regard to variances of the application of the Hernando County Construction Code, the board, when so appealed to and after a hearing, may vary the application of any provision of the Hernando County Construction Code to any particular case when enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of, the Hernando County Construction Code, or public interest, and also finds all of the following:

(a)

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

(b)

That the special conditions and circumstances do not result from the action or inaction of the applicant.

(c)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system.

(d)

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

(e)

That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare.

(f)

The Board shall reach a decision without unreasonable or unnecessary delay. Each decision shall also include reasons for the decision. If a decision reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of the Hernando County Construction Code, or applicable building codes, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection, A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 7, 1-6-04; Ord. No. 2014-22, § 6, 10-28-14)