Receiving an Administrative Complaint from the Florida Department of Business and Professional Regulation (DBPR) can be overwhelming. For construction contractors facing an administrative complaint, whether involving a technical violation or alleged unlicensed activity, the risk to your livelihood is serious and immediate.
It is completely normal to feel overwhelmed by the legal jargon and the weight of potential penalties. However, you do not have to navigate this complex regulatory maze alone. There are proven legal strategies to defend your license and mitigate the impact on your business.
At Elevate Legal Services, PLLC, we know how stressful it is for construction contractors facing an administrative complaint involving unlicensed work or licensing violations. With extensive experience defending contractors and construction professionals, our team provides strategic, aggressive representation to protect your license, reputation, and livelihood. Whether you are under investigation, facing an administrative hearing, or confronting disciplinary action, we understand Florida construction laws and build a strong defense so you do not have to face these allegations alone.
Get the legal help you need today. Call 561-770-3335 to schedule a confidential consultation with Elevate Legal Services, PLLC, or contact us online to connect with an attorney.
Understanding the Legal Grounds: Key Florida Statutes
Administrative complaints typically stem from specific violations of Florida law. Our firm frequently defends clients against allegations involving the following statutes:
1. Unlicensed Activity & Practice (F.S. 455.224 & 489.127)
Florida law is strict regarding who can perform construction work.
- F.S. 455.224: Prohibits engaging in professional activities without the required DBPR license, using fraudulent information to obtain a license, or operating on a suspended/expired license.
- F.S. 489.127(1)(f): Specifically prohibits knowingly contracting without a valid license or “lending” a license number to an unlicensed individual.
2. Misconduct and Fraud (F.S. 489.129(1)(k))
This statute allows the DBPR to discipline licensed contractors for “fraud, deceit, negligence, incompetence, or misconduct.” This can include misrepresenting project timelines, using substandard materials, or failing to fulfill professional obligations to a client.
3. False or Fraudulent Lien Claims (F.S. 713.35)
Construction liens are vital for securing payment, but they must be accurate. Under F.S. 713.35, willfully filing a lien that contains false or exaggerated claims is a serious violation. In addition to administrative discipline, this can lead to civil lawsuits and felony criminal charges.
Why Do Contractors Face DBPR Complaints?
While every case is unique, we see several recurring themes in DBPR investigations. Here is the bottom line:
Complaints often stem from communication breakdowns or technical oversights rather than intentional malice.
Common triggers include:
- Working “Out of Class”: A residential contractor performing commercial work, or a general contractor performing specialized plumbing work without a sub.
- Advertising Errors: Failing to include your DBPR license number on a vehicle wrap, business card, or social media profile.
- Financial Mismanagement: Allegations of failing to pay subcontractors or suppliers on time, even if the delay was caused by the homeowner.
- Lien Disputes: Using an exaggerated lien as a “negotiation tactic” to get a client to pay, which can backfire into a fraud allegation.
The DBPR Disciplinary Process: What to Expect
The administrative process is a “marathon, not a sprint.” Understanding the stages of your case can help you stay patient and strategic.
1. The Notice of Investigation
The process usually begins when you receive a “Notice of Investigation.” A DBPR investigator may contact you to request documents or a statement.
Wait! Before you speak to an investigator, consult with a DBPR defense attorney. Anything you say, even if you believe it is exculpatory, can be used to build a case against you.
2. The Probable Cause Panel
Once the investigation is complete, the evidence is presented to a Probable Cause Panel. This group decides if there is enough evidence to move forward with a formal Administrative Complaint. If they find no probable cause, the case is dismissed.
3. The Administrative Complaint and Election of Rights
If probable cause is found, you will receive a formal Administrative Complaint. This document outlines the specific laws you allegedly violated. In addition, you will receive an “Election of Rights” (EOR) form.
You generally have 21 days to return the EOR. You must choose between:
- An Informal Hearing: If you agree with the facts but want to argue for a lower penalty.
- A Formal Hearing: If you dispute the facts. This is held before an Administrative Law Judge (ALJ) and resembles a trial.
4. Final Order and Penalties
The process concludes with a Final Order issued by the CILB. Depending on the severity of the violation, penalties can range from a public reprimand and fines to the permanent revocation of your license.
The High Cost of Doing Nothing
It might be tempting to ignore a complaint, especially if you feel the allegations are baseless. However, failing to respond within the 21-day window can result in a default judgment. This means the DBPR can take the most severe action against you without giving you a chance to tell your side of the story.
The stakes include:
- Financial Impact: Fines can reach $10,000 per violation.
- Criminal Records: Unlicensed contracting and lien fraud can be prosecuted as crimes.
- Reputational Damage: Disciplinary actions are posted on the DBPR’s public portal, which can prevent you from winning future bids.
How Elevate Legal Services, PLLC Protects Your Future
At Elevate Legal Services, PLLC, we act as your shield against the state’s immense resources. We believe that every professional deserves a fair hearing and a strategic defense.
Proactive Defense Strategies
We don’t just wait for the DBPR to act. We proactively gather evidence, interview witnesses, and look for procedural errors in the DBPR’s investigation. Our goal is always to have the complaint dismissed before it reaches the hearing stage.
Skillful Negotiation
In many cases, a “Settlement Stipulation” is the best path forward. We negotiate with the DBPR’s attorneys to reach an agreement that allows you to keep your license and stay in business while minimizing fines and public exposure.
Clear, Approachable Guidance
We know that legal jargon can be confusing. We provide clear, empathetic, and solution-oriented advice. You will always know where your case stands and what your options are.
Take Action Today to Save Your Career
For construction contractors facing an administrative complaint, your license is far more than a document—it represents your career, your family’s stability, and your standing in the community. If you have received notice from the DBPR or CILB for unlicensed practice, misconduct, or lien fraud, taking action now is critical.
At Elevate Legal Services, PLLC, we are dedicated to providing the authoritative and reassuring representation you need to move past this challenge.
Don’t leave your future to chance.
Call us at 561-770-3335 or contact us online to schedule your confidential consultation. Let us help you face your DBPR complaint with strength and clarity.
Frequently Asked Questions (FAQ)
1. Can I handle a DBPR complaint myself?
While you can legally represent yourself, it is not recommended. The rules of administrative procedure are complex, and the DBPR’s attorneys are specialists. Having an experienced advocate ensures your rights are protected.
2. Will I lose my license immediately?
No. You are entitled to due process. Unless the DBPR issues an Emergency Suspension Order (which is reserved for immediate threats to public safety), you can typically continue working while the case is pending.
3. What are the fines for unlicensed contracting?
Fines can vary, but for violations of F.S. 455.224 or 489.127, the DBPR often seeks thousands of dollars per count. Repeat offenders face much higher penalties and potential jail time.
4. What is a “Letter of Guidance”?
In some minor cases, the Probable Cause Panel may issue a Letter of Guidance instead of a formal complaint. This is a “warning” that does not count as formal discipline but stays in your file.
5. Can a customer’s complaint be settled privately?
While you can settle a civil dispute with a customer, that does not automatically stop the DBPR investigation. The DBPR represents the state’s interest in regulating the profession, not just the individual homeowner.
