§ 9-28. Penalties and disciplinary actions.

(a)

Any individual or business organization certified by the board found to be in violation of any provision of this chapter by the board shall be subject to the following disciplinary actions:

(1)

Reprimand;

(2)

Revocation of certification;

(3)

Suspension of certification;

(4)

Restriction or diminution of certification or level of certification;

(5)

Probation with such conditions as may be determined by the board;

(6)

Inactivation of certification; and

(7)

Levying of a civil penalty, costs, and/or payment of restitution.

(b)

Any individual or business organization certified by the board whose certification has been revoked or suspended by the board shall pay an administrative fee set by the board prior to renewal or reinstatement of certification.

(c)

Any financially responsible officer found to be in violation of any provision of this chapter or the Broward County Consumer Protection Code by the board shall be subject to the following disciplinary actions:

(1)

Probation with such conditions as may be determined by the board; and

(2)

Levying of a civil penalty.

(d)

Pursuant to the provisions of Sections 489.131 and 489.531, Florida Statutes, as amended, the board may order financial restitution to a consumer for financial harm directly related to a violation of Chapter 9 of the Broward County Code of Ordinances and may levy a civil penalty (fine) in accordance with Section 9-38 not to exceed five thousand dollars ($5,000.00) per complaint, or a combination thereof, for any violation of this chapter by a certified contractor. In addition, the board may assess reasonable investigative and legal costs for the prosecution of the violation.

(e)

The board may take disciplinary action against a registered contractor. The board shall issue a recommended penalty for State Construction Industry Licensing Board or Electrical Contractors' Licensing Board action. The recommended penalty may include a recommendation for no further action, suspension, revocation, or restriction of the registration, a fine to be levied by the applicable State board, or a combination thereof.

(f)

Circumstances which may be considered for the purposes of mitigation or aggravation of penalties shall include, but are not limited to, the following:

(1)

Monetary or other damage to the certificate holder's customer (the consumer), which damage the certificate holder has not corrected as of the time that the penalty is assessed;

(2)

Actual job-site violations of the building code or conditions exhibiting gross negligence, incompetence, or misconduct by the certificate holder, which have not been corrected as of the time that the penalty is assessed;

(3)

The severity of the offense(s);

(4)

The danger to the public;

(5)

Prior disciplinary action(s) taken against the certificate holder;

(6)

The number of substantiated complaints filed against the certificate holder;

(7)

The length of time the certificate holder has practiced;

(8)

The deterrent effect of the penalty imposed;

(9)

The effect of the penalty upon the certificate holder's livelihood;

(10)

Any efforts at rehabilitation; and

(11)

Any other mitigating or aggravating circumstances.

(g)

In cases where a civil penalty, restitution, or administrative costs have been imposed, such amounts shall be paid within thirty (30) days of the rendition of the order, unless a different time period is specified in the board's order. Failure to pay the above amounts within the time specified shall be grounds for further disciplinary action including revocation or suspension of contractor's certificate of competency, civil penalties, restitution, or the levying of administrative costs.

(h)

Penalties assessed shall be cumulative and consecutive unless otherwise determined by the board.

(Ord. No. 78-9, § 1, 1-18-78; Ord. No. 90-45, § 4, 12-11-90; Ord. No. 94-27, § 13, 5-10-94; Ord. No. 2001-09, § 21, 3-27-01; Ord. No. 2003-16, § 5, 5-13-03; Ord. No. 2008-10, § 1, 2-26-08; Ord. No. 2010-15, § 1, 4-13-10; Ord. No. 2014-14, § 4, 5-13-14)