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 Broward County
 Code of Ordinances
 Chapter 9. CONTRACTORS
 Article I. CERTIFICATES OF COMPETENCY
 Division 1. SCOPE AND APPLICATION

  § 9-38. Schedule of civil penalties.  

Latest version.

  • (a)

    The following table sets forth the code violations for which civil penalties may be levied by the various boards against certified Plumbing and Specialty Plumbing Contractors, General and Specialty Building Contractors, Engineered Construction Contractors, and Mechanical and Specialty Mechanical Contractors. These penalties are guidelines; however, the board or the hearing officer shall take into consideration the mitigating and aggravating circumstances set forth within Subsection 9-28(g) in determining the amount of the civil penalty. The descriptions of violations are provided for purposes of general identification only. Where specific code provisions apply, the same are indicated following the respective violation description.

    Civil Penalty
    Violation
    		First
    Violation     		Repeat
    Violation
     (1) Willfully, deliberately or negligently disregard or violate any provision of the Building Code or any state laws or regulations which directly relate to the practice of contracting or the ability to practice contracting. (Sec. 9-14(b)(1) $500.00 to
    $1,250.00     		$1,250.00 to
    $5,000.00
     (2) Perform any act which assists a person or entity to engage in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the individual or business organization was uncertified and unregistered. (Sec. 9-14(b)(2)) 500.00 to
    2,500.00     		2,500.00 to
    5,000.00
     (3) Knowingly combine or conspire with an uncertified or unregistered individual or business organization by allowing the certificate holder's certification to be used by the uncertified or unregistered individual or business organization with intent to evade the provisions of Chapter 9. (Sec. 9-14(b)(3)) 500.00 to
    2,500.00     		2,500.00 to
    5,000.00
     (4) Qualify or contract to act as qualifying agent for any business organization which is not certified pursuant to the provisions of Chapter 9. (Sec. 9-14(b)(4)) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
     (5) Commit mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. (Sec. 9-14(b)(5)) 750.00 to
    1,500.00     		1,500.00 to
    5,000.00
     (6) Fail to complete a project or operation in accordance with the plans and specifications set forth within the agreement between the contractor or the business organization and the customer. (Sec. 9-14(b)(6)) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
     (7) Contract, or advertise as capable of performing, or performing any work which is not within the description of the category or class for which the contractor or the business organization has been certified by the board. (Sec. 9-14(b)(7))
    No safety hazard. 500.00
          		500.00 to
    2,500.00
     
    Safety hazard created.     		1,000.00 to
    2,500.00     		2,500.00 to
    5,000.00
     (8) Abandon a construction project or operation in which the contractor or the business organization is engaged or under contract as a contractor. (Sec. 9-14(b)(8)) 500.00 to
    2,000.00     		5,000.00
     
     (9) Materially depart from or disregard the plans or specifications of a construction project without the written consent of the owner thereof or the owner's duly authorized representative. (Sec. 9-14(b)(9)) 500.00 to
    2,000.00     		2,000.00 to
    5,000.00
    (10) Misrepresent or falsify any information supplied to the board in the application for certification or renewal or to a building department pursuant to a building permit application which the applicant knew or had reasonable grounds to know was false. (Sec. 9-14(b)(10)) 1,000.00 to
    5,000.00     		5,000.00
    (11) Fail to properly supervise any project. (Sec. 9-14(b)(11)) 250.00 to
    1,000.00     		1,000.00 to
    5,000.00
    (12) Be convicted or found guilty of a crime or entering a plea of nolo contendere, regardless of adjudication, in any jurisdiction which directly relates to the practice of construction contracting or the ability to practice construction contracting. (Sec. 9-14(b)(12)) 250.00 to
    1,000.00     		1,000.00 to
    5,000.00
    (13) Sign 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 result in a financial loss to the owner, purchaser, or contractor; or falsely indicate the workers' compensation and public liability insurance are provided. (Sec. 9-14(b)(13))
    No financial injury to customer. 1,000.00 to
    1,500.00     		1,500.00 to
    5,000.00
    Financial injury to customer. 2,000.00 to
    5,000.00     		5,000.00
     
    (14) Be convicted or found guilty in any jurisdiction of fraud in the practice of construction contracting. (Sec. 9-14(b)(14)) 1,000.00 to
    3,000.00     		3,000.00 to
    5,000.00
    (15) Proceed on any job without obtaining applicable county or municipal building department permits and inspections. (Sec. 9-14(b)(15))
    Late permits. 250.00
          		500.00 to
    1,000.00
    Failure to obtain inspections 250.00
          		500.00 to
    2,500.00
    Job finished without permit. 500.00 to
    1,500.00     		1,000.00 to
    2,500.00
    (16) Fail to comply, in any material respect, with the provisions of Chapter 9. (Sec. 9-14(b)(16)) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
    (17) Violate any registration requirements imposed by the laws or regulations of the State of Florida. (Sec. 9-14(b)(17)) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
    (18) Fail to maintain in full force and effect any insurance required by Chapter 9 or the board. Sec. 9-14(b)(18) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
    (19) Fail to ensure that the appropriate certificate of competency number appears in advertisements, as defined in sec. 9-3(1), where the certificate holder has been issued a current active certificate of competency by the board or failure of a business organization to ensure that its qualifying agent's certificate of competency number appears in its advertisements. (Sec. 9-14(b)(19)) 150.00 250.00 to
    1,000.00
    (20) Commit in any jurisdiction incompetence or misconduct in the practice of contracting. (Sec. 9-14(b)(20))
    Failure to honor warranty. 500.00 to
    1,000.00     		1,000.00 to
    2,000.00
    Any other form or misconduct or incompetency. 250.00 to
    1,000.00     		1,000.00 to
    5,000.00
    (21) Commit in any jurisdiction negligence resulting in a significant danger to life or property, gross negligence or repeated negligence. (Sec. 9-14(b)(21)) 500.00 to
    1,500.00     		1,500.00 to
    5,000.00
    (22) Fail to maintain workers' compensation insurance coverage as required by law. (Sec. 9-14(b)(22))
    No financial harm to customer. 1,000.00 to
    2,000.00     		1,500.00 to
    5,000.00
    Financial harm to customer. 2,000.00 to
    5,000.00     		5,000.00
     
    (23) Has been found to be in violation of the Broward County Consumer Protection Code. (Sec. 9-14(b)(23)) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
    (24) Advertise as capable of performing work in any trade for which certification of the business organization is required by the board without having obtained said certification. (Sec. 9-14(b)(24)) 500.00 500.00 to
    2,500.00
    (25) Fail to notify the board of a change of business address, mailing address and/or telephone number and, if it is a business organization, failure to notify the board of a change in its legal status or termination of its qualifying agent. (Sec. 9-14(b)(25)) 250.00 to
    500.00     		500.00 to
    1,000.00
    (26) Contract or offer to contract while a business organization is "inactive." Sec. 9-14(b)(26) 1,000.00 to
    2,500.00     		2,500.00 to
    5,000.00
    (27) Fail to comply with an order issued by the board. (Sec. 9-14(b)(27)) 500.00 to
    1,250.00     		1,250.00 to
    5,000.00
    (28) Fail to satisfy, within a reasonable time, the terms of a civil judgment obtained against the individual or business organization qualified by the individual, relating to the practice of the individual's profession or the business organization's business. (Sec. 9-14(b)(28)) 500.00 to
    1,500.00 to     		1,500.00 to
    3,500.00
    (29) Utilize or attempt to utilize a certificate of competency which has been suspended, revoked, placed on inactive, expired, or surrendered. (Sec. 9-14(b)(29))  250.00  500.00
    (30) Fail to discontinue work on a project after having been ordered to do so by a building official or building code inspector pursuant to the provisions of the building code. (Sec. 9-14(b)(30)) 250.00 500.00
    (31) Being found to cheat on the examination for certification pursuant to this chapter. (Sec. 9-14(b)(32)) 500.00 to
    1,000.00     		5,000.00

     

    (b)

    The following table sets forth the code violations for which civil penalties may be levied by the board against certified Electrical and Specialty Electrical Contractors who are required to be registered with the state of Florida, Electrical Contractors' Board. These penalties are guidelines; however, the board or the hearing officer shall take into consideration the mitigating and aggravating circumstances set forth within Subsection 9-28(g) in determining the amount of the civil penalty. The descriptions of violations are provided for purposes of general identification only. Where specific code provisions apply, the same are indicated following the respective violation description.

    Civil Penalty
    Violation
    		First
    Violation     		Repeat
    Violation
     (1) Willfully, deliberately or negligently disregard or violate any provision of the Building Code or any state laws or regulations which directly relate to the practice of contracting or the ability to practice contracting. (Sec. 9-14(b)(1)) $500.00 to
    $1,250.00     		$1,250.00 to
    $5,000.00
     (2) Perform any act which assists a person or entity to engage in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the individual or business organization was uncertified and unregistered. (Sec. 9-14(b)(2)) 1,000.00 2,500.00
     (3) Knowingly combine or conspire with an uncertified or unregistered individual or business organization by allowing the certificate holder's certification to be used by the uncertified or unregistered individual or business organization with intent to evade the provisions of Chapter 9. (Sec. 9-14(b)(3)) 1,500.00 to
    2,500.00     		2,500.00 to
    5,000.00
     (4) Qualify or contract to act as qualifying agent for any business organization which is not certified pursuant to the provisions of Chapter 9. (Sec. 9-14(b)(4)) 500.00 500.00 to
    1,000.00
     (5) Commit mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. (Sec. 9-14(b)(5)) 500.00 to
    1,500.00     		1,500.00 to
    5,000.00
     (6) Fail to complete a project or operation in accordance with the plans and specifications set forth within the agreement between the contractor or the business organization and the customer. (Sec. 9-14(b)(6)) 500.00 to
    1,500.00     		1,000.00 to
    5,000.00
     (7) Contract, or advertise as capable of performing, or performing any work which is not within the description of the category or class for which the contractor or the business organization has been certified by the board. (Sec. 9-14(b)(7)) 1,000.00 to
    2,500.00     		1,000.00 to
    2,500.00
     (8) Abandon a construction project or operation in which the contractor or the business organization is engaged or under contract as a contractor. (Sec. 9-14(b)(8)) 500.00 to
    2,000.00     		5,000.00
     (9) Materially depart from or disregard the plans or specifications of a construction project without the written consent of the owner thereof or the owner's duly authorized representative. (Sec. 9-14(b)(9)) 500.00
    1,500.00     		1,500.00 to
    5,000.00
    (10) Misrepresent or falsify any information supplied to the board in the application for certification or renewal or to a building department pursuant to a building permit application which the applicant knew or had reasonable grounds to know was false. (Sec. 9-14(b)(10)) 1,000.00 to
    5,000.00     		5,000.00
    (11) Fail to properly supervise any project. (Sec. 9-14(b)(11)) 250.00 to
    1,000.00     		1,000.00 to
    5,000.00
    (12) Be convicted or found guilty of a crime or entering a plea of nolo contendere, regardless of adjudication, in any jurisdiction which directly relates to the practice of construction contracting or the ability to practice construction contracting. (Sec. 9-14(b)(12)) 250.00 to
    1,000.00     		1,000.00 to
    5,000.00
    (13) Sign 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 result in a financial loss to the owner, purchaser, or contractor; or falsely indicate the workers' compensation and public liability insurance are provided. (Sec. 9-14(b)(13)) 1,000.00 to
    3,000.00     		5,000.00
    (14) Be convicted or found guilty in any jurisdiction of fraud in the practice of construction contracting. (Sec. 9-14(b)(14)) 1,000.00 to
    3,000.00     		5,000.00
    (15) Proceed on any job without obtaining applicable county or municipal building department permits and inspections. (Sec. 9-14(b)(15)) 250.00 to
    1,500.00     		1,500.00 to
    3,000.00
    (16) Fail to comply, in any material respect, with the provisions of Chapter 9. (Sec. 9-14(b)(16)) 500.00 to
    1,000.00     		1,500.00 to
    3,000.00
    (17) Violate any registration requirements imposed by the laws or regulations of the State of Florida. (Sec. 9-14(b)(17)) 500.00 to
    1,000.00     		1,500.00 to
    3,000.00
    (18) Fail to maintain in full force and effect any insurance required by Chapter 9 or the board. (Sec. 9-14(b)(18))
    Public Liability. 500.00
          		750.00 to
    2,500.00
    Workers Compensation. 500.00 to
    1,000.00     		1,000.00 to
    2,500.00
    (19) Fail to ensure that the appropriate certificate of competency number appears in advertisements, as defined in sec. 9-3(1), where the certificate holder has been issued a current active certificate of competency by the board or failure of a business organization to ensure that its qualifying agent's certificate of competency number appears in its advertisements. Sec. 9-14(b)(19) 150.00 300.00 to
    500.00
    (20) Commit in any jurisdiction incompetence or misconduct in the practice of contracting. (Sec. 9-14(b)(20)) 500.00 to
    1,500.00     		1,000.00 to
    5,000.00
    (21) Commit in any jurisdiction negligence resulting in a significant danger to life or property, gross negligence or repeated negligence. (Sec. 9-14(b)(21)) 1,000.00 2,500.00
    (22) Fail to maintain workers' compensation insurance coverage as required by law. (Sec. 9-14(b)(22)) 500.00 to
    1,500.00     		1,000.00 to
    5,000.00
    (23) Has been found to be in violation of the Broward County Consumer Protection Code. (Sec. 9-14(b)(23)) 500.00 to
    1,500.00     		1,000.00 to
    5,000.00
    (24) Advertise as capable of performing work in any trade for which certification of the business organization is required by the board without having obtained said certification. (Sec. 9-14(b)(24)) 250.00 to
    750.00     		750.00 to
    5,000.00
    (25) Fail to notify the board of a change of business address, mailing address and/or telephone number and, if it is a business organization, failure to notify the board of a change in its legal status or termination of its qualifying agent. (Sec. 9-14(b)(25)) 250.00 to
    500.00     		500.00 to
    1,000.00
    (26) Contract or offer to contract while a business organization is "inactive." (Sec. 9-14(b)(26)) 100.00 per
    month up to
    1,000.00     		200.00 per
    month up to
    2,000.00
    (27) Fail to comply with an order issued by the board. Sec. 9-14(b)(27) 500.00 to
    1,500.00     		5,000.00
    (28) Fail to satisfy, within a reasonable time, the terms of a civil judgment obtained against the individual or business organization qualified by the individual, relating to the practice of the individual's profession or the business organization's business. (Sec. 9-14(b)(28)) 500.00 to
    1,500.00     		1,500.00 to
    3,500.00
    (29) Utilize or attempt to utilize a certificate of competency which has been suspended, revoked, placed on inactive, expired, or surrendered. (Sec. 9-14(b)(29))  250.00  500.00
    (30) Fail to discontinue work on a project after having been ordered to do so by a building official or building code inspector pursuant to the provisions of the building code. (Sec. 9-14(b)(30))  250.00  500.00
    (31) Being found to cheat on the examination for certification pursuant to this chapter. (Sec. 9-14(b)(32)) 500.00 to
    1,000.00     		5,000.00

     

    (Ord. No. 2003-16, § 6, 5-13-03; Ord. No. 2010-15, § 1, 4-13-10)

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