House Bill 0929c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 929
By the Committee on Business Regulation & Consumer Affairs
and Representative J. Miller
1 A bill to be entitled
2 An act relating to contracting; creating s.
3 489.13, F.S.; providing requirements for
4 disciplinary proceedings involving a judgment
5 against a construction contractor; creating s.
6 489.5334, F.S.; providing requirements for
7 disciplinary proceedings involving a judgment
8 against an electrical or alarm system
9 contractor; creating s. 489.5591, F.S.;
10 providing applicability to septic tank
11 contractors of certain disciplinary action and
12 proceedings involving a judgment against such a
13 contractor; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 489.13, Florida Statutes, is
18 created to read:
19 489.13 Disciplinary proceedings involving a
20 judgment.--
21 (1) Notwithstanding any other provision of this part
22 or chapter 455, this section applies to any disciplinary case
23 that involves any contractor who has an unsatisfied judgment
24 in violation of s. 489.129(1)(q).
25 (2) The department shall initiate disciplinary
26 proceedings involving an unsatisfied judgment against a
27 contractor when a judgment creditor files with the department:
28 (a) A complaint on a form prescribed by the board;
29 (b) A certified copy of the recorded judgment; and
30 (c) An affidavit signed under oath which states that
31 the judgment arises from the practice of the judgment debtor's
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Florida House of Representatives - 1999 CS/HB 929
190-953-99
1 profession licensed under this part, that the judgment remains
2 unsatisfied, and that the judgment has been final for more
3 than 30 days.
4 (3) Within 10 days after the date the department
5 receives a completed complaint, a certified copy of the
6 judgment, and the required affidavit, the department shall
7 issue and serve on the contractor an order that requires the
8 contractor to show cause why the contractor's license should
9 not be suspended until the judgment is satisfied. The order to
10 show cause shall require the contractor to respond in writing
11 under oath within 20 days after the date the order is served
12 on the contractor.
13 (4) If the contractor fails to respond under oath to
14 the order to show cause within the 20-day period, the board
15 shall immediately enter a final order suspending the
16 contractor's license until the contractor satisfies the
17 judgment and pays the department the costs incurred in
18 connection with processing the complaint.
19 (5) If the contractor responds under oath to the order
20 to show cause within the 20-day period, a copy of the response
21 shall be provided to the judgment creditor.
22 (6) The department shall forward the complaint and the
23 contractor's response to the board. The board shall determine
24 whether the contractor is in violation of s. 489.129(1)(q). If
25 the board finds that a violation has occurred, the board shall
26 suspend the contractor's license until the judgment has been
27 satisfied and the contractor reimburses the board for the
28 costs incurred in connection with processing the complaint.
29 The board may impose such other penalties as it considers
30 appropriate, consistent with its penalty guidelines.
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Florida House of Representatives - 1999 CS/HB 929
190-953-99
1 (7) The contractor may request a hearing on the
2 complaint if genuine issues of material fact exist concerning
3 the elements of the violation. If the board finds that genuine
4 issues of material fact exist, it may conduct the hearing or
5 refer the complaint to the Division of Administrative
6 Hearings.
7 (8) The board shall provide the licensee and the
8 judgment creditor with notice of when and where the board will
9 consider taking action on the complaint. The licensee and the
10 judgment creditor may, but are not required to, participate in
11 such a meeting. The board shall provide the licensee and the
12 judgment creditor with copies of all actions taken by the
13 board in connection with the disciplinary proceeding.
14 Section 2. Section 489.5334, Florida Statutes, is
15 created to read:
16 489.5334 Disciplinary proceedings involving a
17 judgment.--
18 (1) Notwithstanding any other provision of this part
19 or chapter 455, this section applies to any disciplinary case
20 that involves any contractor who has an unsatisfied judgment
21 in violation of s. 489.533(1)(m)4.
22 (2) The department shall initiate disciplinary
23 proceedings involving an unsatisfied judgment against a
24 contractor when the judgment creditor files with the
25 department:
26 (a) A complaint on a form prescribed by the board;
27 (b) A certified copy of the recorded judgment; and
28 (c) An affidavit signed under oath which states that
29 the judgment arises from the practice of the judgment debtor's
30 profession licensed under this part, that the judgment remains
31
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 929
190-953-99
1 unsatisfied, and that the judgment has been final for more
2 than 30 days.
3 (3) Within 10 days after the date the department
4 receives a completed complaint, a certified copy of the
5 judgment, and the required affidavit, the department shall
6 issue and serve on the contractor an order that requires the
7 contractor to show cause why the contractor's license should
8 not be suspended until the judgment is satisfied. The order to
9 show cause shall require the contractor to respond in writing
10 under oath within 20 days after the date the order is served
11 on the contractor.
12 (4) If the contractor fails to respond under oath to
13 the order to show cause within the 20-day period, the board
14 shall immediately enter a final order suspending the
15 contractor's license until the contractor satisfies the
16 judgment and pays the department the costs incurred in
17 connection with processing the complaint.
18 (5) If the contractor responds under oath to the order
19 to show cause within the 20-day period, a copy of the response
20 shall be provided to the judgment creditor.
21 (6) The department shall forward the complaint and the
22 contractor's response to the board. The board shall determine
23 whether the contractor is in violation of s. 489.533(1)(m)4.
24 If the board finds that a violation has occurred, the board
25 shall suspend the contractor's license until the judgment has
26 been satisfied and the contractor reimburses the board for the
27 costs incurred in connection with processing the complaint.
28 The board may impose such other penalties as it considers
29 appropriate, consistent with its penalty guidelines.
30 (7) The contractor may request a hearing on the
31 complaint if genuine issues of material fact exist concerning
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 929
190-953-99
1 the elements of the violation. If the board finds that genuine
2 issues of material fact exist, it may conduct the hearing or
3 refer the complaint to the Division of Administrative
4 Hearings.
5 (8) As used in this part, the term "contractor" refers
6 to any person licensed under this part, regardless of whether
7 that person is performing as a contractor, a subcontractor, or
8 a sub-subcontractor on a project.
9 (9) The board shall provide the licensee and the
10 judgment creditor with notice of when and where the board will
11 consider action on the complaint. The licensee and the
12 judgment creditor may, but are not required to, participate in
13 such a meeting. The board shall provide the licensee and the
14 judgment creditor with copies of all actions taken by the
15 board in connection with the disciplinary proceeding.
16 Section 3. Section 489.5591, Florida Statutes, is
17 created to read:
18 489.5591 Disciplinary proceedings involving a
19 judgment.--Any person licensed under this part is subject to
20 disciplinary action for any violation of s. 489.129(1)(q) and
21 is subject to the disciplinary proceedings set out in s.
22 489.13.
23 Section 4. This act shall take effect July 1, 1999.
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