As a Construction Contractor in Florida, maintaining your license in good standing is essential to your livelihood, reputation, and business operations. However, receiving notice of an Administrative Complaint from the Florida Department of Business and Professional Regulation (DBPR) can feel overwhelming and intimidating. Particularly, Administrative Complaints alleging violations of Florida Statutes 489.129(1)(k) and 713.35—related to fraud, deceit, or misrepresentation, and false statements in lien documents—pose significant risks, including license suspension, revocation, substantial fines, and long-term reputational damage.
At Elevate Legal Services, PLLC, a leading Boca Raton law firm, we specialize in defending construction professionals facing DBPR Administrative Complaints and administrative law hearings. Our skilled legal team provides aggressive representation and strategic defense to protect your rights, reputation, and business interests. If you’re facing allegations under Florida Statutes 489.129(1)(k) or 713.35, contact Elevate Legal Services, PLLC, immediately at 561-770-3335 or via email at [email protected] for a confidential consultation and dedicated support.
Understanding Florida Statute 489.129(1)(k)
Under Florida Statute 489.129(1)(k), construction contractors licensed in Florida can face disciplinary action by the DBPR for engaging in fraud, deceit, negligence, incompetence, or misconduct within their professional activities. Specifically, subsection (1)(k) prohibits:
- Willfully or deliberately disregarding the professional obligations owed to a client.
- Engaging in intentional misrepresentation, deceit, or fraud related to construction contracting services.
- Any actions demonstrating clear incompetence or negligence that directly harm or put clients and the public at risk.
Because the language of statute 489.129(1)(k) is broadly drafted, it can encompass a wide range of alleged violations. Common scenarios triggering Administrative Complaints include:
- Misrepresenting the scope, timeline, or materials of a construction project.
- False or misleading communications regarding licensing, insurance, or bonding status.
- Deliberately or negligently performing substandard work that endangers public safety or results in significant financial harm to clients.
Florida Statute 713.35: False or Fraudulent Lien Claims
Florida Statute 713.35 specifically addresses fraudulent or false lien claims filed by contractors. In the Florida construction industry, mechanics liens are a common tool used to secure payment for work performed. However, misuse of the lien process can lead to severe legal repercussions. Violations under Statute 713.35 include:
- Willfully filing a lien containing false or exaggerated claims.
- Knowingly presenting incorrect statements about labor, materials, or services provided.
- Misrepresenting the amount owed to secure improper payment through the lien.
Contractors found to have violated statute 713.35 not only face DBPR administrative discipline but can also incur civil and potentially criminal penalties, including substantial fines, license revocation, and even prosecution for felony charges depending on the severity of the falsehood.
Common Violations of Florida Statutes 489.129(1)(k) and 713.35
The following represent typical situations that lead to DBPR Administrative Complaints involving these statutes:
- Inflated billing: Exaggerating the amount owed or misrepresenting completed work to obtain payments improperly.
- Filing inaccurate liens: Falsifying or inaccurately stating labor, materials, or services performed on a lien claim.
- Misrepresentation of credentials: Presenting false licensing, insurance, or bonding information to clients or regulatory authorities.
- Intentional delay or substandard performance: Deliberately causing project delays or performing work at standards below accepted construction industry practices.
- Negligent management practices: Demonstrating gross incompetence or negligent oversight, causing significant financial harm or public safety hazards.
Consequences of DBPR Administrative Complaints
When facing an Administrative Complaint from DBPR under statutes 489.129(1)(k) and/or 713.35, the potential consequences are severe and can include:
- License suspension or revocation: Complete loss or temporary suspension of your professional construction license.
- Administrative fines: Substantial monetary penalties imposed by DBPR that could significantly impact your finances.
- Probation and restrictions: Limited operations, mandatory supervision, or oversight conditions imposed by DBPR.
- Damage to professional reputation: Public disclosure of disciplinary actions can harm your business relationships and limit future professional opportunities.
- Civil and criminal penalties: Violations involving fraud, especially under statute 713.35, could trigger separate civil lawsuits and criminal prosecution.
Step-by-Step Guide to Responding to a DBPR Administrative Complaint
If you’ve received notice of an Administrative Complaint from the DBPR, the following steps can help you effectively protect your rights and interests:
Step 1: Carefully Review the Complaint
- Analyze the details outlined in the complaint, noting all allegations, cited statutes (489.129(1)(k), 713.35), evidence presented, and required response timelines.
Step 2: Contact an Experienced DBPR Attorney Immediately
- Before responding independently or making statements, consult an attorney specializing in DBPR complaints and administrative hearings.
- Contact Elevate Legal Services, PLLC at 561-770-3335 or via email at [email protected] for strategic advice and representation.
Step 3: Gather Relevant Documentation
- Collect all project documentation, contracts, invoices, emails, lien documents, and any other evidence relevant to the complaint allegations.
Step 4: Submit Your Election of Rights
- You must file an “Election of Rights” form provided by DBPR, indicating whether you want a formal or informal hearing or seek settlement discussions.
Step 5: Develop and Present Your Defense
- Your attorney will formulate a comprehensive defense strategy, which may include contesting the factual basis of allegations, negotiating settlements, presenting mitigating factors, or challenging procedural irregularities.
Step 6: Representation at Hearings
- If your case proceeds to a formal hearing, your attorney will represent you before an administrative law judge, presenting evidence, questioning witnesses, and making compelling legal arguments.
Step 7: Appeal or Settlement Negotiations
- If the ruling is unfavorable, your attorney can guide you through appellate options or negotiating terms to minimize adverse outcomes, penalties, or restrictions.
Why Choose Elevate Legal Services, PLLC?
Elevate Legal Services, PLLC, stands out as your trusted partner in defending DBPR Administrative Complaints:
- Expertise: Extensive experience handling Florida DBPR administrative law cases, including successful defenses against violations of statutes 489.129(1)(k) and 713.35.
- Personalized Attention: Tailored legal strategies addressing your specific circumstances, goals, and concerns.
- Proven Track Record: Aggressive advocacy, skilled negotiation, and a reputation for delivering positive outcomes for Florida construction contractors.
- Local Insight: As a Boca Raton-based firm, we understand local regulations, industry standards, and DBPR administrative procedures thoroughly.
Take Immediate Action to Protect Your License and Reputation
If you’re a Florida construction contractor facing DBPR Administrative Complaints under statutes 489.129(1)(k) or 713.35, your immediate response is critical to safeguarding your future. Don’t risk severe penalties, financial loss, and damage to your professional standing by navigating this complex process alone.
Contact Elevate Legal Services, PLLC today at 561-770-3335 or email us directly at [email protected] to schedule your confidential consultation. Our dedicated legal team is here to protect your rights, your business, and your reputation.
Final Thoughts
Facing a DBPR Administrative Complaint doesn’t have to jeopardize your career. With proactive, strategic legal counsel from Elevate Legal Services, PLLC, you can confidently navigate complex administrative processes, defend against serious allegations, and protect your professional future.
Call 561-770-3335 or email [email protected]—let Elevate Legal Services, PLLC help you face your DBPR complaint with strength, confidence, and clarity.
