If you’re a licensed Construction Professional in Florida, your business, livelihood, and reputation depend on strict compliance with regulatory standards enforced by the Florida Department of Business and Professional Regulation (DBPR). Even experienced and diligent contractors can face Administrative Complaints that allege serious violations under Florida Statutes 489.129(1)(j) and 489.129(1)(g).
Understanding what these statutes mean, the penalties they carry, and how to effectively respond is critical to safeguarding your license and your future.
At Elevate Legal Services, PLLC, our Boca Raton-based law firm, is dedicated to defending Florida contractors against DBPR complaints. Our legal team has extensive experience navigating administrative law hearings and defending professional licenses with strategic, aggressive advocacy.
Call us today at 561-770-3335 or email [email protected] for a confidential consultation. Early action can significantly improve your outcome.
What is Florida Statute 489.129(1)(j)?
This statute deals specifically with project abandonment, stating that a licensed contractor may be disciplined for:
“Abandoning a construction project in which the contractor is engaged and under contract as a contractor.”
Violations typically involve leaving a job unfinished or walking away from a project without just cause, damaging your professional credibility and exposing you to serious sanctions.
Examples of Violations:
- Walking off a job after signing a construction contract.
- Failing to return to complete work or communicate with the client.
- Ceasing work due to internal financial mismanagement or scheduling issues.
What is Florida Statute 489.129(1)(g)?
This statute addresses contractor misconduct, including:
“Engaging in fraud or deceit, gross negligence, incompetency, or misconduct in the practice of contracting.”
These allegations suggest a disregard for construction standards and professional ethics, which can severely impact your ability to operate in Florida.
Examples of Violations:
- Using knowingly defective or substandard materials.
- Falsifying credentials or making misleading claims about licensing or qualifications.
- Fraudulent billing practices or dishonest contract negotiations.
- Repeated project failures or safety violations stemming from incompetence.
What Are the Potential Penalties?
Violations of F.S. 489.129(1)(j) or (1)(g) can result in:
- License Suspension or Revocation: Loss of your contracting license, temporarily or permanently.
- Fines: Penalties may total thousands of dollars per infraction.
- Probation: With conditions including supervision, reporting, or additional compliance requirements.
- Continuing Education Mandates: Courses on ethics, project management, or Florida construction law.
- Public Reprimand: Disciplinary actions published and accessible online—impacting future clients or employment.
How to Respond to a DBPR Administrative Complaint
If you receive a formal complaint, take the following steps immediately:
Step 1: Carefully Review the Complaint
- Understand the allegations and the statutes cited.
- Identify deadlines for filing a response.
Step 2: Contact an Experienced DBPR Defense Attorney
Don’t attempt to handle this alone. DBPR investigations are serious matters with long-term consequences.
Contact Elevate Legal Services, PLLC at 561-770-3335 or [email protected] for immediate assistance.
Step 3: Collect and Preserve All Relevant Evidence
- Contracts, invoices, communications with clients and subcontractors.
- Photos, emails, text messages, inspection records.
- Any written records that support your version of events.
Step 4: File Your Election of Rights Form
This form allows you to choose how you wish to proceed:
- Informal Hearing: Admit the facts but negotiate the penalty.
- Formal Hearing: Contest the allegations before an Administrative Law Judge.
- Settlement Negotiation: Work toward a consent agreement or stipulated resolution.
Always consult legal counsel before submitting this form.
Step 5: Build a Strategic Legal Defense
Our legal team will:
- Draft a strong written response.
- Organize your documentation and witness testimony.
- Represent you throughout DBPR negotiations and hearings.
Why Contractors Choose Elevate Legal Services, PLLC
Extensive DBPR Experience: We’ve successfully defended contractors across Florida against licensing violations and administrative actions.
Personalized Legal Strategies: Every case is different—we tailor our defense to your unique situation and goals.
Track Record of Results: Our firm has helped clients achieve dismissals, license protection, and favorable settlements.
Clear Communication: We keep you informed, prepared, and empowered every step of the way.
Final Thoughts
A DBPR Administrative Complaint under Florida Statutes 489.129(1)(j) or (1)(g) is a serious threat to your license and career, but it doesn’t have to define your future. The key is acting quickly and strategically with an experienced legal team by your side.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to schedule your confidential consultation. We’re here to protect your license, your business, and your peace of mind.
