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Florida Statute 489.132 | Lawyer Caselaw & Research

F.S. 489.132 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 489
CONTRACTING

View Entire Chapter

F.S. 489.132

489.132 Prohibited acts by unlicensed principals; investigation; hearing; penalties.—

(1) No uncertified or unregistered person associated with a contracting firm qualified by the licensee under this chapter shall:

(a) Conceal or cause to be concealed, or assist in concealing, from the primary qualifying agent, any material activities or information about the contracting firm;

(b) Exclude or facilitate the exclusion of any aspect of the contracting firm’s financial or other business activities from the primary qualifying agent;

(c) Knowingly cause any part of the contracting firm’s activities, financial or otherwise, to be conducted without the primary qualifying agent’s supervision; or

(d) Assist or participate with any certificateholder or registrant in the violation of any provision of this chapter.

(2) The department shall cause an investigation of any incident where it appears that any uncertified or unregistered person associated with a contracting firm is in violation of this section. When, after investigation, the department finds there is probable cause to believe this section has been violated, the department shall prepare and file an administrative complaint which shall be served on the uncertified or unregistered person. The department shall prosecute the complaint pursuant to chapter 120.

(3) Upon a finding of a violation of this section, the department is authorized to impose a fine of not more than $5,000 and assess reasonable investigative and legal costs for the prosecution of the violation against the violator. Any such fine and assessments shall be paid within 30 days of the filing of the final order with the department. In the event of an appeal, the time for payment of any fine and assessments shall be stayed until a final order is rendered upholding the department decision.

(4) In the event any fine and assessments imposed by the department are not paid within the time provided for payment, the department may bring action as provided in s. 489.129(6)(b) in the appropriate circuit court of the state for enforcement of the final order, and the circuit court shall not rehear the merit of those matters included in the final order of the department.

(5) The department may suspend, revoke, or deny issuance or renewal of a certificate or registration for any individual or business organization that associates a person as an officer, director, or partner, or in a managerial or supervisory capacity, after such person has been found under a final order to have violated this section or was an officer, director, partner, trustee, or manager of a business organization disciplined by the board by revocation, suspension, or fine in excess of $2,500, upon finding reasonable cause that such person knew or reasonably should have known of the conduct leading to the discipline.

History.—ss. 36, 41, ch. 89-374; s. 4, ch. 91-429; s. 20, ch. 93-166; s. 14, ch. 97-228; s. 36, ch. 2009-195.

F.S. 489.132 on Google Scholar

F.S. 489.132 on Casetext

Amendments to 489.132

Arrestable Offenses / Crimes under Fla. Stat. 489.132

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.132.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Board of County Com'rs v. Sawyer
620 So. 2d 757 (Fla. 1993) Cited 8 times
See, e.g., § 27.56(1)(a), Fla. Stat. (1989) (court may assess attorney's fees and costs against convicted defendant represented by public defender or court appointed attorney); § 45.061(3)(a), Fla. Stat. (1989) (court may impose sanction for costs, including investigative expenses, and attorney's fees against a party for unreasonably rejecting an offer of settlement); § 57.105, Fla. Stat. (1989) (prevailing party may recover attorney's fees in certain civil actions); § 253.03(13), Fla. Stat. (1989) (investigative agency may be reimbursed for expenses that lead to property forfeiture); § 373.129(6), Fla. Stat. (1989) (State may recover investigative costs, court costs, and attorney's fees incurred to protect State's water resources); § 489.132( 3), Fla. Stat. (1989) (violation of licensing provisions may result in fine and assessment for investigative and legal costs); § 631.54(5), Fla. Stat. (1989) (State's expenses in processing insurance claims include investigative expenses); § 895.05(7), Fla. Stat. (1989) (State may recover damages, attorney's fees, and costs of investigation and litigation for violation of the drug abuse provisions; defendant may recover attorney's…
Sawyer v. Board of County Com'rs
596 So. 2d 475 (Fla. Dist. Ct. App. 1992) Cited 2 times
If the legislature in enacting section 939.06 intended to require that an acquitted or discharged defendant be reimbursed for the investigative costs incurred in defending charges brought against them, it could have easily expressed that intention. The legislature has specifically dealt with investigative expenses in many instances. See, e.g., §§ 27.56(1)(a); 45.061(3)(a); 253.03(13); 373.129(6); 489.132(3) 631.54(5); 895.05(7); 895.07(8); 939.01(1), Fla. Stat. (1989).
PAGE 478
Cases from cite.case.law:
BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY, v. TOM F. SAWYER,, 620 So. 2d 757 (Fla. 1993)

. . . investigative costs, court costs, and attorney’s fees incurred to protect State’s water resources); § 489.132 . . .
F. SAWYER, v. BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY,, 596 So. 2d 475 (Fla. Dist. Ct. App. 1992)

. . . See, e.g„ §§ 27.56(1)(a); 45.061(3)(a); 253.03(13); 373.129(6); 489.132(3) 631.54(5); 895.05(7); 895.07 . . .