Florida Construction Law

Colorado, Texas, Missouri, and other Midwest and Southern states are known for their heavy storms, bringing wind, tornadoes and hail. Increasingly, they're also becoming known for fraudulent roofing contractors, a phenomenon in which companies prey on homeowners following major storm events and take off with their insurance money. In Missouri, "it's changed the landscape entirely," said Jason Shupp, president of St. Louis-based Ferguson Roofing and past president of the Roofing and Siding Contractors Alliance (RSCA), a regional association serving Missouri and parts of Illinois. "How any contractor goes to market has changed quite a bit." Fraudulent storm chasers also generate a sense of urgency among homeowners that isn't always necessary. "They have a sense that they have to move really quickly, which isn't always the case," Shupp said. That's because this kind of "storm chase" knows they must close the deal quickly befo...

By order entered on April 27, 0212, CILB granted a petition by C.A.R.P.I. U.S.A., Inc., filed on March 12, 2012, that a construction license is not required for the subcontracting of installation of specified lining materials as a water barrier. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A final order was issued to Homesure of America, d/b/a Cross County Home Services, on February 7, 2012, interpreting s. 489.103(9) and 489.105(3), that a home warranty association and service warranty association must obtain a contractor’s license in order to market and sell a program to provide minor (less than $1,000) routine air conditioning or maintenance services utilizing a network of licensed contractors to perform any such work. (from RPPTL subcommittee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Griffis v. Florida Department of Business and Professional Regulation , 37 Fla. L. Weekly D488a, Case No. 1D10-5645, filed February 23, 2012. Appeal of final order revoking construction license was dismissed as untimely where licensee breached his statutory duty to keep the department advised of his current mailing address (a state correctional facility to which the licensee had been incarcerated). (from RPPTL Subcommittee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Section 489.121, Florida Statutes, provides: "I f an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though not certified or registered. Such person shall notify the board, within 30 days after the death of the contractor, of his or her name and address, knowledge of the contract, and ability to complete it. If the board approves, he or she may proceed with the contract. For purposes of this section, an incomplete contract is one which has been awarded to, or entered into by, the contractor before his or her death, or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractor’s death." Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

Section 489.129(1)(d), Florida Statutes prohibits renting your license.  It states: (1)  The board may take any of the following actions against any certificateholder or registrant: place on probation or reprimand the licensee, revoke, suspend, or deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer for financial harm directly related to a violation of a provision of this part, impose an administrative fine not to exceed $10,000 per violation, require continuing education, or assess costs associated with investigation and prosecution, if the contractor, financially responsible officer, or business organization for which the contractor is a primary qualifying agent, a financially responsible officer, or a secondary qualifying agent responsible under s.  489.1195  is found guilty of any of the following acts: (d)  Performing any act which assists a person or entity in engaging in the ...

The Supreme Court held that local contractor licensing boards do not have jurisdiction over Federal government construction projects.   Leslie Miller, Inc. v. State of Arkansas , 352 U.S. 187 (1956). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Landscaper was entitled to evidentiary hearing on his petition for attorney’s fees in administrative licensing action.  Boetzel v. DBPR , 32 So.3d 780 (Fla. 2d 2010). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

In Piper v. DBPR/ECLB, 50 So.3d 109 (Fla. 1st DCA 2010), the Court stated: "Although Appellant raises three issues on appeal, this opinion only addresses whether the final order incorrectly listed Appellant's unfavorable credit history as a ground for denial of his application. It is clear from the transcript of the hearing the Board was satisfied with Appellant's explanation regarding his finances and, thus, Appellant's credit history was not a basis for denial of the application. Because the error is apparent from the record, we remand for the Board to correct the error by amended final order." Although the opinion is not lengthy, there is some suggestion that an adequate justification may help applicants for licensure avoid rejection based on unfavorable credit history. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Blanco v. Department of Business and Professional Regulation (Council of Community Association Managers) , Case No 10-2905 RX (a rule challenge): Final Order of August 23, 2010, declares invalid Rule 61E14-2.001(5), regarding “Control of Others,” for lack of specific statutory rulemaking authority, in an administrative action against an employer for violations committed by employees. In addition, pursuant to s. 120.595(3), the ALJ found that the licensee would be entitled to an award of reasonable attorney’s fees, pending a hearing to determine if the agency “demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust,” as provided in that statute. While there do not appear to be any similar “control by others” rules governing licensees of the various construction regulatory boards, this case may be the basis for a new defense in administrative disciplinary actions against a construction licensee for violations committed...