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STATEWIDE REPRESENTATION

Florida License Complaints - Complaints against Your License

The Department of Business and Professional Regulation (DBPR) supervises licensed contractors, real estate professionals, and other licensed professionals in the Sate of Florida. The DBPR investigates complaints made against your license. A compliant against your license should not be ignored.

Administrative Complaints Require or You Could Lose Rights!

Uniform Complaint Responses

This is the first step in a the DBPR Administrative Complaint Process. After a member of the public makes a complaint, the investigator asks the subject of the complaint for a response. This response will be considered by the Department's attorney when deciding whether to bring an Administrative Complaint. Don't ignore the complaint, we can help you respond and start moving your case toward a favorable resolution.

Administrative Complaint Defense

This is the Second Step in the Administrative Complaint Process. This occurs after an Attorney for the Department finds probable cause to support a formal administrative complaint.

Unlicensed Contractor Defense

Unlicensed Contracting is a Criminal Violation of Florida Statute. Pursuant to Fla. Stat. 489.127, a First Offense for Unlicensed Contracting is a First Degree Misdemeanor and a Second Offense is a Third Degree Felony.

We DEFEND complaints for allegations of violations under Fla. Stat.489.129,489.127, and all administrative or statutory violations, including claims for violation  –

  • Falsely hold himself or herself or a business organization out as a licensee, certificateholder, or registrant;
  • Falsely impersonate a certificateholder or registrant;
  • Present as his or her own the certificate or registration of another;
  • Knowingly give false or forged evidence to the board or a member thereof;
  • Use or attempt to use a certificate or registration that has been suspended or revoked;
  • 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;
  • Operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in ss. 489.119 and 489.1195;
  • Commence or perform work for which a building permit is required pursuant to part IV of chapter 553 without such building permit being in effect; or
  •  Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors.Obtaining a certificate or registration by fraud or misrepresentation.
  • 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
  • Violating any provision of chapter 455.
  • 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.
  • Knowingly combining or conspiring with an uncertified or unregistered person by allowing his or her certificate or registration to be used by the uncertified or unregistered person with intent to evade the provisions of this part. When a certificateholder or registrant allows his or her 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 part.
  • Acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part.
  • Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.
  • Being disciplined by any municipality or county for an act or violation of this part.
  • Failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board.
  • Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 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 90 consecutive days.
  • 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.
  • Committing fraud or deceit in the practice of contracting,
  • Committing incompetency or misconduct in the practice of contracting.
  • Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.
  • Proceeding on any job without obtaining applicable local building department permits and inspections.
  • Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part I of chapter 713 or a notice to contractor under chapter 255 or part I of chapter 713.
  • 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.
  • All other allegations.

OPERATION OF ESTABLISHMENT WITHOUT VALID ADULT ENTERTAINMENT LICENSE
did operate or participate in the operation of an adult entertainment establishment when *[he/she] knew or should have known that the establishment did not have an adult entertainment license or the application for a license had been denied or was not issued prior to October 1, 1989 or the establishment had a license which was under suspension or had been revoked or canceled, contrary to Palm Beach County Ordinance No. 17-191 and 1-11 and Florida Statute 125.69. (2 DEG MISD)

FALSIFYING A DEATH CERTIFICATE
did willfully and knowingly make a false statement in a certificate, record, or report required by Chapter 382, Florida Statutes, or in an application for an amendment thereof, or in an application for a certified copy of a vital record, or did willfully and knowingly supply false information, intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof, contrary to Florida Statute 382.026(1). (3 DEG FEL)
(LEVEL 1)

FALSIFY MEDICAL RECORD
did fraudulently alter, deface, or falsify any medical record or release a medical record for the purposes of solicitation or marketing the sale of goods or services without a specific written release or authorization permitting utilization of patient information, or other nursing home record, or did cause or procure any of these offenses to be committed, contrary to Florida Statute 400.1415(1). (2 DEG MISD)

UNLICENSED ASSISTED LIVING FACILITY
did own, operate, or maintain an assisted living facility without obtaining a license, contrary to Florida Statute 429.08(1)(a) and (b). (3 DEG FEL) (LEVEL 1)


UNLICENSED ASSISTED LIVING FACILITY – SUBSEQUENT OFFENSE
did unlawfully own, operate, or maintain an assisted living facility without obtaining a license under Chapter 400, Florida Statutes, contrary to Florida Statute 429.08(1)(a) and (c); the said *(DEFENDANT) having been previously convicted of owning, operating or maintaining an assisted living facility without obtaining a license under Chapter 400, Florida Statutes on *(DATE), in *(NAME OF COUNTY) County, Florida, contrary to Florida Statutes 429.08(1)(a) and (c). (2 DEG FEL) (LEVEL 4)

FALSIFYING ASSISTED LIVING FACILITY RECORDS
did fraudulently alter, deface, or falsify or cause or procure to alter, deface, or falsify any medical or other record of an assisted living facility, contrary to Florida Statute 429.49. (2 DEG MISD)

PRACTICING LAW WITHOUT PROPER AUTHORITY
did, while not licensed or otherwise authorized to practice law in this state, practice law in this state or held himself or herself out to the public as qualified to practice law in this state, or did willfully pretend to be, or did willfully take or use any name, title, addition, or description implying that heor she is qualified, or recognized by law as qualified, to practice law in this state, contrary to Florida Statute 454.23. (3 DEG FEL) (LEVEL 1)

UNAUTHORIZED PRACTICE OF LAW WHILE DISBARRED OR SUSPENDED
did knowingly practice law or hold himself or herself out as an attorney at law or qualified to practice law in this state having knowingly been disbarred or was knowingly under suspension from the practice of law by any circuit court of this state or by the Supreme Court of the State of Florida, contrary to Florida Statute 454.31. (3 DEG FEL) (LEVEL 1)

PRACTICE AS AUCTIONEER WITHOUT A LICENSE
did auction or offer to auction any property in this state without an active license, contrary to Florida Statute Sections 468.385(2) and 468.391. (3 DEG FEL) (LEVEL 1)

UNLICENSED REAL ESTATE BROKER
«Defendant_Name» «Offense_Date», in the County of Palm Beach and State of Florida, did operate as a real estate broker or real estate sales associate without being the holder of a valid and current active license, contrary to Florida Statute 475.42(1)(a). (3 DEG FEL) (LEVEL 1)

EMPLOY BARBER WITHOUT A VALID LICENSE
did unlawfully and knowingly hire or employ any person to engage in the practice of barbering without that person having an active license, contrary to Florida Statute 476.194(1)(b) and (2). (2 DEG MISD)

PRACTICING COSMETOLOGY WITHOUT AN ACTIVE LICENSE
did engage in the practice of cosmetology or a specialty without an active license as a cosmetologist or registration as a specialist, contrary to Florida Statute 477.0265(1)(a) and (2). (2 DEG MISD)

OWN OR OPERATE COSMETOLOGY SALON WITH NON-LICENSED WORKER
did own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, an unlicensed cosmetology salon or specialty salon and/or a cosmetology salon or specialty salon in which a person not licensed or registered as a cosmetologist or a specialist was permitted to perform cosmetology services or any specialty, contrary to Florida Statute 477.0265(1)(b) and (2). (2 DEG MISD)

PRACTICING COSMETOLOGY WHILE USING OR POSSESSING METHYL METHACRYLATE (MMA)
did engage in the practice of cosmetology and use or possess a cosmetic product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA), contrary to Florida Statute 477.0265(1)(g) and (2). (2 DEG MISD)

PERMITTING EMPLOYEE TO PRACTICE MASSAGE THERAPY WITHOUT A LICENSE
did unlawfully permit an employed person to practice massage without a license, contrary to Florida Statute 480.047(1)(c) and (2). (1 DEG MISD)

OPERATE MASSAGE ESTABLISHMENT WITHOUT LICENSE
did operate any massage establishment without being duly licensed, contrary to Florida Statute 480.047(1)(b) and (2) (1 DEG MISD)
PRACTICING MASSAGE THERAPY WITHOUT A LICENSE


did hold [himself or herself] out as a massage therapist or practice massage without being duly licensed, contrary to Florida Statute 480.047(1)(a) and (2) (1 DEG MISD)

ENGAGING IN THE PRACTICE OF INTERIOR DESIGN WITHOUT CERTIFICATION
did engage in the practice of interior design without being duly registered or certified, contrary to Florida Statute 481.223(1)(b) and (2). (1 DEG MISD)

ENGAGING IN THE PRACTICE OF PEST CONTROL WITHOUT A LICENSE
did unlawfully and knowingly solicit, practice, perform, or advertise in pest control without an active license, contrary to Florida Statute 482.165(1) and 482.191(1) and (2). (2 DEG MISD)

FALSE REPRESENTATION AS LICENSED CONSTRUCTION CONTRACTOR
did falsely hold himself or his business organization out as a construction contractor licensee, certificate holder, or registrant, contrary to Florida Statute 489.127(1)(a) and (2)(a). (1 DEG MISD)

IMPERSONATING A CONSTRUCTION CONTRATOR
did falsely impersonate a construction contractor certificate holder or a registrant, contrary to Florida Statute 489.127(1)(b) and (2)(a). (1 DEG MISD)

PRESENTING CONSTRUCTION CONTRACTOR CERTIFICATION OF ANOTHER
d
id present as his or her own, the construction contractor certificate or registration of another, contrary to Florida Statute 489.127(1)(c) and (2)(a). (1 DEG MISD)

GIVING OF FALSE INFORMATION TO BOARD
knowingly gave false or forged evidence to the Construction Industry Licensing Board or a member thereof, contrary to Florida Statute 489.127(1)(d) and 2(a). (1 DEG MISD)

USING SUSPENDED OR CANCELED CERTIFICATE OR REGISTRATION
did use or attempt to use a certificate or registration which had been suspended or revoked, contrary to Florida Statute 489.127(1)(e) and (2)(a). (1 DEG MISD)

ENGAGE IN CONTRACTING WITHOUT CERTIFICATION
did engage in the business or acted in the capacity of a contractor or advertise *(himself/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, contrary to Florida Statute 489.127(1)(f) and (2)(a). (1 DEG MISD)


FELONY UNLICENSED CONTRACTING (PRIORS)
(Same as Above) …after having been previously found guilty of a violation of 489.127(1) on (date) in (County) County, Florida, contrary to Florida Statute 489.127(1) and (2)(b). (3 DEG FEL)


ENGAGE IN CONTRACTING VIOLATION DURING EXISTENCE OF STATE OF EMERGENCY
(Same as Above) …. during a state of emergency declared by executive order of the Governor contrary to Florida Statute 489.127(1) and (2)(c). (3 DEG FEL) (LEVEL 1)


OPERATING WITHOUT A QUALIFYING AGENT
did operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent, contrary to Florida Statute 489.127(1)(g) and (2)(a). (1 DEG MISD)

PERFORMING WORK WITHOUT A BUILDING PERMIT
did commence or perform work for which a building permit is required without such building permit being in effect, contrary to Florida Statute 489.127(1)(h) and (2)(a). (1 DEG MISD)

PERFORMING OWNER/BUILDER WORK WITHOUT A BUILDING PERMIT
did improve property at a cost not exceeding $75,000 without a building permit and offer for sale or lease within 1 year after building or improving property for owner occupancy or use, in violation of Florida Statute 489.103(7)(a) and 489.127(1)(i) and (2)(a). (1 DEG MISD)

DISREGARDING/VIOLATING MUNICIPAL/COUNTY ORDINANCE
did willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors, contrary to Florida Statute 489.127(1)(i) and (2)(a).
(1 DEG MISD)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR ($300.00 or more)
did, while a contractor or while performing or contracting or promising to perform work, receive money totaling more than ten percent of the contract price for repair, restoration, improvement or construction to residential real property and did not apply for permits necessary to do work within thirty days after the date payment was made and did not start work within ninety days after the date all necessary permits for work, if any, were issued, contrary to Florida Statutes 489.126(2) and (4) and 812.014(1) and (2)(c). (3 DEG FEL) (LEVEL 2)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR (more than $20,000)
(Same as Above) – amount in excess of $20,0000. Florida Statutes 489.126(2), (3) and (4) and 812.014(1) and (2)(b). (2 DEG FEL) (LEVEL 6)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR (more than $10,000 but less than $20,000)
(Same as Above) – amount in excess of $10,0000 but less than $20,000. Florida Statutes 489.126(2), (3) and (4) and 812.014(1) and (2)(c). (3 DEG FEL) (LEVEL 4)
PETIT THEFT OF MONIES RECEIVED BY CONTRACTOR ($100.00 or more but less than $300.00)
(Same as Above) Florida Statutes 489.126(2), (3) and (4) and 812.014(1) and (2)(e). (1 DEG MISD)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR ($20,000 – $100,000)
did, while a contractor, receive more than $20,000 but less than $100,000 for repair, restoration, addition, improvement, or construction of real property, from *(VICTIM) which was in excess of the value of the work performed, with the intent to defraud *(VICTIM) failed or refused to perform any work for a 90-day period, contrary to Florida Statutes 489.126(3)(a) and 812.014(1)(2)(b). (2 DEG FEL) (LEVEL 6)

APPLY FOR / OBTAIN PERMIT FOR CONSTRUCTION WORK NOT CONTRACTED FOR
did, as a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, apply for a building permit for construction work while not having entered into a contract to make improvements to, or perform the contracting at the real property specified in the application or permit in violation of Florida Statute 489.127(4)(c) and (d). (1 DEG MISD)

ELECTRIC /ALARM CONTRACTING WITHOUT REGISTRATION /CERTIFICATION
did practice electrical or alarm contracting without being registered or certified, contrary to Florida Statue 489.531(1)(a) and (2). (1 DEG MISD)

OPERATING AS AN UNLICENSED MORTGAGE BROKER
did act as a mortgage lender in the State of Florida without a current, active license issued pursuant to Part III of Ch. 494, Florida Statutes, contrary to Florida Statutes 494.0025(3) and 494.0018(1) (3 DEG FEL) (LEVEL 1)


OPERATING A CHARITABLE ORGANIZATION WITHOUT REGISTRATION
did knowingly plan, conduct, or execute a solicitation or charitable or sponsored sales promotion without being initially registered or without submitting an annual renewal statement with the State, contrary to Florida Statutes 496.415(1), 496.405 and 496.417. (3 DEG FEL) (LEVEL 1)

HOME SOLICITATION WITHOUT A PERMIT
did conduct or attempt to conduct any home solicitation sale, as defined in section 501.021, Florida Statutes, or did supervise excluded minors conducting such sales without first obtaining a valid home solicitation sale permit or did use or attempt to use an expired, suspended, or revoked home solicitation sale permit in a home solicitation, contrary to Florida Statute 501.022(1)(a) and 501.055(2). (1 DEG MISD)


UNLAWFUL HOME SOLICATION SALE
did willfully, in conducting a home solicitation, misrepresent the terms or conditions of the sale, lease, or rental; or misrepresent*(DEFENDANT)’s affiliation with the parent company or sponsor; or misrepresent*(DEFENDANT)’s reasons for soliciting the sale, lease, or rental of goods or services, such as participation in a contest or inability to perform any other job, when such is not a fact; or allege or imply that the agreement to purchase, lease, or rent goods or services is noncancelable when such is not a fact; or perform any other act which constitutes misrepresentation contrary to Florida Statute 501.047 and 501.055(1). (1 DEG MISD)

UNLICENSED COMMERCIAL TELEPHONE SELLER
did, while a commercial telephone seller, employ or was affiliated with a salesperson who was soliciting purchasers and who was not currently licensed with the Florida Department of Agriculture and Consumer Services, contrary to Florida Statute 501.623 (2). (3 DEG FEL) (LEVEL 1)

UNLICENSED COMMERCIAL TELEPHONE SALESPERSON
did act as a commercial telephone seller or salesperson and solicit without a license from the Florida Department of Agriculture and Consumer Services, contrary to Florida Statute 501.623(3). (3 DEG FEL) (LEVEL 1)

PROVIDING FALSE INFORMATION IN COMMERCIAL TELEPHONE APPLICATION
did act as a commercial telephone seller or salesperson and falsify information on an application, contrary to Florida Statute 501.623(4). (3 DEG FEL) (LEVEL 1)

FAIL TO EQUIP NEW SWIMMING POOL WITH SAFETY FEATURE
did unlawfully fail to equip a new residential swimming pool with at least one pool safety feature as required by Florida Statute 515.27(1), contrary to Florida Statute 515.27(2). (2 DEG MISD)

OPERATION OF UNREGISTERED MOTOR VEHICLE REPAIR SHOP
did deface or remove a sign posted on any motor vehicle repair shop that had been judicially or administratively determined to have operated without a registration or did open any motor vehicle repair shop for operation without a registration or did open for operation a motor vehicle repair shop while its registration was suspended or revoked, contrary to Florida Statute 559.904(11) (2 DEG MISD)

UNREGISTERED MONEY TRANSMITTER (more than $100,000 in 12 months)
did engage in the business of a money service business or deferred presentment provider without a license or exempted from licensure and did engage in currency or payment instruments totaling or exceeding $100,000 in any 12 month period in Florida, contrary to Florida Statute 560.125(1) and (5)(c). (1 DEG FEL) (LEVEL9)


FALSELY ACTING AS PUBLIC ADJUSTER
did act as a resident or nonresident public adjuster or did hold *(himself/herself) out to be a public adjuster to adjust claims in Florida, without being licensed as a public adjuster and appointed as a public adjuster, contrary to Florida Statute 626.8738. (3 DEG FEL) (LEVEL 1)

MISAPPLY PAYMENT RECEIVED FOR REAL PROPERTY IMPROVEMENTS
did receive payment on account of improving real property and did not apply any portion of that payment to the payment of all amounts then due and owing for services and labor which were performed on, or materials which were furnished for, such improvement prior to receipt of the payment; and that the amounts of payments misapplied had an aggregate value greater than $100,000.00, contrary to Florida Statute 713.345(1) (a) and (b)1. (1 DEG FEL) (LEVEL 7)

MISAPPLY PAYMENT RECEIVED FOR REAL PROPERTY IMPROVEMENTS (Same as above) – aggregate value of $1,000.00 or more, but less than $100,000.00 Florida Statute 713.345(1)(a) and (b)2. (2 DEG FEL) (LEVEL 4)

MISAPPLY PAYMENT RECEIVED FOR REAL PROPERTY IMPROVEMENTS (Same as above) – aggregate value of less than $1,000.00
Florida Statute 713.345(1) (a) and (b)3. (3 DEG FEL) (LEVEL 1)

FILING OF FALSE OR FRAUDULENT LIEN
did willfully exaggerated the amount for which a lien was claimed or did willfully include a claim for work not performed upon or materials not furnished for the property upon which *(DEFENDANT) sought to impress such lien or did compile *(his/her) claim with willful and gross negligence as to amount to a willful exaggeration, contrary to Florida Statute 713.31(2)(a) and (3). (3 DEG FEL) (LEVEL 1)

MAKING OR FURNISHING FALSE STATEMENT
did knowingly and intentionally make or furnish to *(VICTIM), a written statement in the form of an affidavit, a waiver or release of lien, or other document, 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 *(VICTIM) might rely on it, and part with draw payments or final payment relying on the truth of such statement as an inducement to do so, contrary to Florida Statute 713.35. (3 DEG FEL) (LEVEL 1)

FAILED TO REGISTER FICTITIOUS NAME
did engage in business under a fictitious name without first registering the name with the Division of Corporations of the Department of State, contrary to Florida Statute 865.09(3) and (9)(c). (2 DEG MISD)

UNLAWFUL TRANSMISSION OR INTERFERENCE WITH A RADIO STATION
did make or cause to be made, a radio transmission without an FCC license and/or did any act, direct or indirect, to cause an unlicensed radio transmission to, or interfere with, a public or commercial licensed radio station and/or enabled a radio transmission or interference to occur, contrary to Florida Statute 877.27(1) and (2). (3 DEG FEL) (LEVEL1)

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