If you’re a Construction Contractor in Florida and you’ve received a DBPR administrative complaint, your professional license and your future could be at risk. These complaints often cite violations of Florida Statute 489.129(1)(d), which addresses obtaining a license through fraud or misrepresentation. Whether the issue arose from an application error, documentation concern, or misunderstanding, the consequences are real and potentially severe.
At Elevate Legal Services, PLLC, we represent Florida professionals facing DBPR disciplinary actions and administrative law hearings. From our office in Boca Raton, we help construction contractors across the state protect their licenses and reputation. If you’ve received a complaint or formal notice from the Department of Business and Professional Regulation, call 561-770-3335 or email [email protected] today to schedule a confidential consultation.
What Triggers a DBPR Administrative Complaint for Florida Contractors?
The Florida Department of Business and Professional Regulation (DBPR) has authority over licensed contractors and routinely investigates allegations involving fraud, deceit, or misrepresentation in the licensing process. The statute most often cited in complaints is F.S. 489.129(1)(d), which specifically prohibits obtaining a certificate, registration, or license by fraud or misrepresentation. This may include providing false information on a license application, omitting required disclosures, or using someone else’s credentials during permit or license renewals.
Many contractors unintentionally misrepresent information, only to later discover that DBPR investigators are treating it as a willful violation. What starts as a seemingly minor issue can quickly escalate into a formal complaint with far-reaching consequences.
For an overview of how the DBPR works, see the official DBPR homepage.
The DBPR Administrative Complaint Process in Detail
Once a complaint is filed or initiated, the DBPR begins an investigation to determine whether there is probable cause for disciplinary action. The Construction Industry Licensing Board, a division within DBPR, evaluates the evidence and issues a formal administrative complaint if necessary. You will be served with this complaint and an Election of Rights, which gives you options to either dispute the complaint at a formal hearing or negotiate a resolution.
Should you dispute the allegations, your case will be transferred to the Division of Administrative Hearings (DOAH), where it is heard by an independent Administrative Law Judge (ALJ). These hearings are legal proceedings that follow Florida’s Administrative Procedure Act, requiring sworn testimony, presentation of evidence, and legal arguments.
As the respondent, you have the right to challenge the DBPR’s claims, cross-examine witnesses, and submit your own evidence. After the hearing, the ALJ will issue a Recommended Order, which the Construction Industry Licensing Board will review before issuing a Final Order. That final decision may include fines, license suspension, probation, or even permanent revocation.
Real-World Consequences of Violating F.S. 489.129(1)(d)
A DBPR administrative complaint involving fraud or misrepresentation under F.S. 489.129(1)(d) can have devastating consequences for your career. The law doesn’t distinguish between “intentional fraud” and “accidental omissions” when it comes to licensing. Contractors who fail to disclose prior convictions, exaggerate experience, or submit incorrect financial documentation during the application process are all at risk, even if no harm was intended.
Beyond the possibility of losing your license, you could face other long-term issues. Many contractors find themselves blacklisted from government jobs or losing eligibility for bonding and insurance. Others face reputational damage that harms their business for years. A simple mistake in paperwork or miscommunication with a licensing agent can trigger a cascade of professional setbacks.
Why You Need a Florida Administrative Law Attorney
If you’ve received a DBPR administrative complaint, defending yourself alone is risky. The process is not just about proving good intentions about navigating a highly formal legal system where evidence, timelines, and procedure matter. At Elevate Legal Services, PLLC, we help construction contractors build strategic defenses, challenge weak evidence, and negotiate resolutions that protect their licenses and businesses.
Our experience with DBPR hearings gives us insight into how these cases are handled behind the scenes. We assist clients in preparing documentation, representing them in front of the board, and negotiating settlements when appropriate. Many cases can be resolved favorably without proceeding to a full hearing, but only if handled strategically from the beginning.
For information about professional license defense more broadly, visit our Professional License Defense page.
Settlement Options vs. Formal Hearings
In certain situations, it may be possible to avoid a formal administrative hearing through a negotiated settlement or informal hearing. These outcomes often involve fines, administrative probation, or continuing education, rather than full suspension or revocation. However, any agreement with DBPR becomes part of your permanent disciplinary record and can be accessed by the public through Florida’s online licensing portal.
That’s why it’s critical not to sign anything without reviewing it with an experienced Florida DBPR defense attorney. A poor settlement can be just as damaging as a formal hearing outcome if it includes overly broad admissions or disproportionate penalties.
Long-Term Impacts on Your License and Business
Even if your license is not revoked, a disciplinary action under F.S. 489.129(1)(d) can limit your professional options for years. Government contracts, insurance underwriting, bonding, and subcontractor relationships are often affected by licensing board records. Online directories and public databases show complaints and orders, which can erode trust with potential clients and partners.
Many contractors are unaware that DBPR disciplinary orders are fully searchable and considered public records. Once you’ve been sanctioned, it may take years to rebuild your professional reputation. Early legal intervention is often the best way to avoid these consequences.
How to Stay Compliant and Avoid Future Complaints
If your current case is resolved or dismissed, your next priority should be ongoing compliance. Contractors must ensure that all future license renewals, applications, and business dealings are completely transparent and documented. Avoid relying on third parties to manage licensing paperwork without oversight, and make sure to retain your records of applications, contracts, and correspondence with DBPR.
If you’re ever unsure whether a statement or document could be interpreted as misleading, consult with a legal advisor who understands DBPR policies and Florida administrative law. Staying proactive is the best way to avoid new complaints and safeguard your hard-earned license.
For updates on Florida construction licensing rules, check the Construction Industry Licensing Board (CILB) page.
Get Help From Elevate Legal Services, PLLC Today
If you’re a Construction Contractor in Florida and you’ve been served with a DBPR administrative complaint, don’t wait. These complaints are serious legal matters that require careful and strategic handling. At Elevate Legal Services, PLLC, we provide aggressive representation for professionals across Florida facing administrative hearings, licensing board actions, and disciplinary threats.
From investigating the facts and crafting your response to representing you before the board or in a DOAH hearing, we stand by you at every stage. Don’t risk your license, your business, or your future by handling a DBPR complaint alone.
Call 561-770-3335 or email [email protected] today to schedule a consultation. Your license is your livelihood, protect it with confidence.
