The 2023 Florida Statutes (including Special Session C)
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. . . (b) The judgment ... is based upon a violation of s. 489.129(1)(g), (j) [abandoning a construction project . . .
. . . In pertinent part, this statute provides: 489.129 Disciplinary proceedings.— (7) The board shall not . . . The ALJ found that section 489.129 “clearly indicates that the final order being addressed in subsection . . . While we do not disagree that the term “final order” in section 489.129(7) refers to a final order of . . . Subsection (l)(h) of section 489.129 grants the Board the power to deny issuance of a certification, . . . Further authority for the rule in question is provided by sections 489.129(l)(b) and 489.129(l)(q), which . . .
. . . Walker violated the contract, thereby violating section 489.129(1)(G), (J), or (K), Florida Statutes. . . .
. . . Licensing Board (“Board”) filed an administrative complaint against the Appellant, pursuant to section 489.129 . . . At the hearing, the prosecutor presented evidence that the Appellant had four prior section 489.129 violations . . . Here, the Appellant was charged with violating section 489.129(l)(q), which authorizes the Board to revoke . . . this case, license revocation was within the permissible range of penalties for a violation of section 489.129 . . .
. . . on its finding of waiver, the Board also found that Nicks had violated various provisions of section 489.129 . . . More specifically, these facts would support the Board's findings that Nicks violated section 489.129 . . . (l)(m) by committing incompetency or misconduct in the practice of contracting; violated section 489.129 . . . negligence, or negligence resulting in a significant danger to life or property; and, violated section 489.129 . . . Section 489.129(1), Florida Statutes, provides that the Board may take disciplinary action, including . . .
. . . a final order directing the licensee to pay restitution to the claimant based on a violation of s. 489.129 . . . Section 489.129(1) authorizes disciplinary action (revocation or suspension of license) if the business . . . who obtain judgments in circumstances where the activities of the qualifying agent violate section 489.129 . . .
. . . The five-count complaint alleged that Mid-gett violated sections 489.129(l)(g)(2), (l)(j), (l)(m), and . . .
. . . substantial, competent evidence to find that Lapp violated either section 455.227(l)(j) or section 489.129 . . .
. . . See § 489.129(1)®, Fla. Stat. (1997). . . . See 489.129(1)(e), Fla. Stat. (1997). . . .
. . . the Construction Licensing Board requiring him to satisfy a judgment against him pursuant to section 489.129 . . . Section 489.129(l)(r) only requires proof that appellant, as a licensee or a qualified licensee for a . . .
. . . disciplinary proceeding, and his argument on appeal, is that he cannot be held accountable pursuant to section 489.129 . . . Section 489.129 does not carve out an exception for qualifying agents who fail to maintain control over . . .
. . . See § 489.129(l)(c), (e), (f), Fla. Stat. (Supp.1992). . . .
. . . Florida Construction Industry Licensing Board (Board), which found him guilty of violating section 489.129 . . . Accordingly, we affirm the final order which found him guilty of violating section 489.129(1)(n) and . . . Section 489.129(1) specifically authorizes the Board to “require financial restitution to a consumer” . . . The Department emphasizes that section 489.129(1)(r) of the applicable practice act does not require . . . the Board does not have the authority to require “restitution” to non-consumers pursuant to section 489.129 . . .
. . . First, Loeffler was charged with violating section 489.129(l)(g) by engaging in the business of contracting . . . Second, he was charged with violating section 489.129(1)© by failing to otherwise comply with the provisions . . . Finally, in count III Loeffler was charged with violating section 489.129(l)(r) “by failing to satisfy . . . Accordingly, Petitioner has failed to demonstrate that Respondent violated the provisions of Section 489.129 . . . decide otherwise would enable the Respondent to take advantage of (i.e., avoid culpability under § 489.129 . . .
. . . that the judgment obtained by Walsh against J.A.F. was based on a demonstrated violation of section 489.129 . . . The Board argues that the following language in section 489.129(l)(h)3., describing “financial mismanagement . . .
. . . Bowling’s state registration pursuant to section 489.129(l)(k), Florida Statutes (1993). . . . conclude, for several reasons,' that the legislature intended to impose civil penalties in section 489.129 . . . Third, section 489.129 creates a “disciplinary proceeding” rather than a criminal proceeding. . . . Thus, the legislature has clearly implied a preference to label the penalties in section 489.129 as civil . . . Similarly, the $5,000 fine does not render section 489.129 criminal. . . .
. . . Section 489.129(1)(r), Florida Statutes (Supp.1996), provides in pertinent part that revocation of a . . .
. . . license, the Department of Business and Professional Regulation charged him with violating section 489.129 . . . Section 489.129(l)(b), governing this proceeding, did not contain a similar provision in 1990, although . . .
. . . however, affirmed the dismissal of the remaining claims because it determined that sections 489.119 and 489.129 . . .
. . . However, this court has determined that neither sections 489.119 nor 489.129, the regulatory and penal . . .
. . . We agree with the trial court that neither sections 489.119 nor 489.129, Florida Statutes (1989), regulatory . . .
. . . .-129(l)(d) and 489.129(l)(m), Florida Statutes (1987). . . . These statutory provisions of section 489.129 authorize the Board to impose an appropriate disciplinary . . . Section 489.129(l)(m) does not define gross negligence. . . . . § 489.129(3), Fla.Stat. (1987). . . . Since section 489.129 allows the technician’s building code violations to be imputed to Mr. . . .
. . . At the time of the initiation of this administrative action, the following provision of section 489.129 . . . (1), Florida Statutes (1987), controlled: 489.129 Disciplinary proceedings.— (1) The board may revoke . . . More importantly, the following 1988 amendment to section 489.129 cannot be applied retroactively: (1 . . .
. . . We note that section 489.129(l)(f), Florida Statutes (1987), states that a license holder may be subject . . .
. . . Norris as a certified general contractor should be disciplined for violation of: 1) Section 489.129(l . . . Statutes, (1983), by aiding an unlicensed person to evade the requirements of Chapter 489; 2) Section 489.129 . . . Florida Statutes (1983), by failing to qualify a firm through which Respondent was acting; 4) Section 489.129 . . . hearing, the Department amended the Administrative Complaint to dismiss the violations of Sections 489.129 . . . Section 489.129(l)(f) prohibits a licensed contractor from knowingly combining or conspiring with an . . .
. . . Section 489.129(1) authorizes the Construction Industry Licensing Board (the Board) to impose sanctions . . . The Board found the appellant (Blume) guilty of the conduct proscribed in section 489.129(l)(e) and reprimanded . . . of Professional Regulation (the Department) alleging that Blume had violated, among others, section 489.129 . . . that Blume’s failure to verify whether Hahn had a license did not constitute a violation of section 489.129 . . . s exception to the hearing officer’s recommended report and found Blume guilty of violating section 489.129 . . .
. . . The specific authority cited for Rule 21E-12.08 as amended 12-19-82 is Section 455.227(2) and 489.129 . . . The hearing officer concluded that Section 489.129(3) authorizes the Board to specify by rule what acts . . . or omissions constitute violation of Section 489.129(1), which authorizes imposition of a $5,000.00 . . . discipline for ‘failure in any material respect to comply with the provisions of this act’ however, Section 489.129 . . . Section 489.129(l)(e), (j), (m) & (3) provides: The board may revoke, suspend, or deny the issuance or . . . I simply cannot agree with the hearing officer’s conclusion that “[sjection 489.129(1) ... does not specify . . . deny the issuance of a contractor’s certificate is a power specifically delegated to it by section 489.129 . . . Thus, upon reading sections 455.227(2) and 489.129(1) in pari materia, I would find that the board has . . .
. . . Rule 21E-12.08, Florida Administrative Code, cites as authority therefor Sections 455.227(2) and 489.129 . . . Section 489.129(1), Florida Statutes, authorizes the Board to impose an administrative fine not to exceed . . . Section 489.129(3), Florida Statutes, authorizes the Board to specify by rule the acts or omissions which . . . However, Section 489.129(1), Florida Statutes, does not specify that an administrative fine must be paid . . .
. . . .-127(l)(d), Florida Statutes, and thereby Section 489.129(l)(j), Florida Statutes. . . . Section 489.129(l)(j) allows the Board to revoke a contractor’s license for “failure in any material . . . violation of Section 489.127(l)(d) is not a material failure to comply within the meaning of Section 489.129 . . . determination that such activity amounts to a violation of Section 489.127(l)(d) and thereby Section 489.129 . . .
. . . that Hunter abandoned the Williams project because the corporation went out of business and section 489.129 . . . diverted funds from either project or abandoned the Williams project within the meaning of section 489.129 . . . SCHOONOVER and LEHAN, JJ., concur. . 489.129 Disciplinary proceedings.— (1) The board may revoke, suspend . . .
. . . against Kinast were commenced by a twelve-count administrative complaint alleging various violations of § 489.129 . . .
. . . Section 489.129, Florida Statutes (1979) enumerates the powers and duties of the State Construction Industry . . .
. . . In re Romero, 10 Cir. 1976, 535 F.2d 618, 621, so holds and the Florida statute (§ 489.129) is indistinguishable . . .