Construction contractors in Florida who suddenly find themselves facing a DBPR administrative complaint under Florida Statute 489.129(1)(f) often feel overwhelmed. Allegations that you have acted outside the scope of your license or misrepresented your credentials can threaten not only your business but also your reputation and ability to continue working. Understanding the specific violation, the DBPR administrative hearing process, and how to mount an effective defense is essential to preserving your contracting license and livelihood.
Elevate Legal Services, PLLC, is here to help. If you are a Boca Raton-based contractor—or anywhere in Florida—accused under F.S. 489.129(1)(f), contact us right away. Our firm’s experienced team defends DBPR violations and represents clients before administrative law judges. Phone: 561‑770‑3335 Email: [email protected] is the best way to reach us for a confidential discussion tailored to your situation.
What Does F.S. 489.129(1)(f) Cover?
Florida Statute 489.129 lists multiple grounds on which the Construction Industry Licensing Board, via the Department of Business and Professional Regulation (DBPR), may discipline a licensee. Paragraph (f) specifically prohibits “acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificate holder or registrant as set forth on the issued certificate or registration, or following the personnel… as outlined in the application. In practical terms, that means using a license under someone else’s name, or allowing unauthorized personnel to function as the license‑qualifying agent, even if only nominal or informal, without proper amendment.
Why the DBPR Takes This Violation Seriously
Florida law places strict limitations on who may legally perform contracting work, how licenses are held, and who qualifies. Allowing another person to use your license—even informally, or hiring uncertified staff to act as qualifying agents—undermines those regulatory safeguards. DBPR does not differentiate between intentional misuse and negligent sharing of credentials. Such conduct may be viewed as aiding unlicensed practice or evasion of licensing law, and is therefore treated with severity.
DBPR Complaint Process: From Notice to Hearing
If the DBPR receives a complaint, including allegations under F.S. 489.129(1)(f)the process typically unfolds in stages. First, an investigator from DBPR or a contracted firm reviews the complaint and supporting evidence to determine whether there is probable cause. If the investigator finds probable cause, the case is referred to a Probable Cause Panel (PCP). The PCP can dismiss, issue a letter of guidance, or refer the matter for an administrative complaint.
Once formal charges are issued, you will receive an administrative complaint and an Election of Rights form. You must respond by the deadline, typically within 20 to 21 days. At that point, you choose between informal resolution, settlement negotiations, or a formal hearing.
A formal hearing is held before an Administrative Law Judge (ALJ) at the Division of Administrative Hearings (DOAH). This quasi-judicial proceeding follows Florida’s Administrative Procedure Act, allowing cross-examination, presentation of evidence, sworn testimony, and legal arguments. The ALJ issues a Recommended Order, which the Construction Industry Licensing Board reviews before issuing a Final Order.
Potential Penalties Under F.S. 489.129
Violations of paragraph (f) may result in a range of disciplinary actions, including reprimand, probation, suspension, revocation, fines up to $10,000 per violation, restitution, continuing education requirements, restriction of scope, and other sanctions. Additionally, if the violation involved a business entity and an officer, additional fines may be imposed. The DBPR may also require restitution to a consumer and impose administrative costs.
How to Build a Strong Defense
For contractors facing an administrative complaint under F.S. 489.129(1)(f), swift and strategic action is vital. Begin thoroughly reviewing the complaint, especially the SDK alleging misuse of licensing authority. Consult experienced legal counsel before submitting your written response.
Gather documentation that clarifies how personnel authorized under the license were designated, whether the license was used in the correct legal name, and any internal oversight or compliance measures. Evidence that there was no unauthorized practice—such as training records, job site assignments, or contracts—can demonstrate good faith.
If the license usage was technical or inadvertent, clarifying that it did not affect public safety nor represent intentional misuse can help in negotiations. In some cases, the DBPR may accept corrective actions and proceed without severe discipline.
Why Choose Elevate Legal Services, PLLC
Elevate Legal Services, PLLC, has earned a reputation among Florida’s contracting community for delivering effective defense against DBPR administrative complaints. Unlike firms that rely on boilerplate responses, we provide deeply personalized representation for violations under F.S. 489.129, including paragraph (f).
Our Boca Raton-based attorneys understand the complexities of administrative law hearings and how to counter allegations of improper licensing use. We begin with a complete case review, secure relevant records, and craft a legal strategy aligned with your business’ needs and your statutory rights under Chapter 120, Florida Statutes.
By acting early—before key deadlines pass—we can influence the outcome and potentially negotiate a resolution that avoids heavy penalties or license suspension. In certain cases, early consent to binding arbitration (when available)—especially for minor licensing technical issues—can prevent further escalation.
Final Thoughts
Facing a DBPR administrative complaint under F.S. 489.129(1)(f) is a serious challenge, and the stakes include fines, license suspension, or revocation. But you are not without options. By working with a knowledgeable firm like Elevate Legal Services, PLLC, you stand a much better chance of protecting your license, your reputation, and your livelihood.
Do not wait to act. Contact Elevate Legal Services, PLLC today for a confidential, knowledgeable consultation: Phone: 561-770-3335 Email: [email protected]. With skilled legal representation, you can defend your license and business with confidence.
