Florida Regulations 61G4-12.008: Time for Compliance with Final Order
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(1) In cases where the Board imposes a civil penalty for violation of Chapter 455 or Part I of Florida Statutes Chapter 489, or of the rules promulgated thereunder, the penalty shall be paid within 30 days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order. Moreover, unless otherwise addressed by the Board at hearings held pursuant to Florida Statutes § 120.57(2), whenever a civil penalty is levied at said hearing the respondent who is disciplined shall have all licensure to practice contracting suspended with the imposition of the suspension being stayed for thirty (30) days. If the ordered civil penalty is paid within said thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the civil penalty after the thirty (30) days, the suspension imposed shall be lifted. If the licensee does not pay the civil penalty, within said period, then immediately upon expiration of the stay, the licensee shall surrender his/her licensure to an investigator of the Department of Business and Professional Regulation or shall mail said license to the Board offices.
(2) Failure to pay the civil penalty within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee.
(3) Failure to pay a fine within the time specified in this rule or in the Board’s Order shall result in the assessment of an interest payment at an annual percentage rate of eighteen percent (18%); said interest shall begin to accrue from the date immediately succeeding the due date of the fine.
(4) For purposes of this rule, the term civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, and restitution.
(5) In cases where the Board imposes probation for violation of Chapter 455 or Part I of Florida Statutes Chapter 489, or of the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear before the Board at such times as directed by the Executive Director, or as specified in the Final Order. In connection with each probation appearance, the licensee shall answer questions under oath and shall provide copies of all construction related monthly bank statements, permit applications, contracts, and operations questionnaires since the entry of the final order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department or, the Board. The licensee shall forward said documentation to the Board in advance of the probation appearance.
(b) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department.
(c) Should the licensee violate any condition of the probation, it shall be considered a violation of Section 489.129(1)(j), F.S., and shall result in further disciplinary action by the Board.
(d) Should the licensee fail to make a satisfactory appearance as determined by the Board, the term of the probationary period shall automatically be extended by six (6) months. If there occurs a second such failure, then the term of the probationary period will be extended an additional six (6) months. Should the Board determine a third failure of the licensee to make a satisfactory appearance, then the term of the probationary period will be extended an additional six (6) months, the stay of suspension of the licensee’s licensure to practice contracting shall be lifted and the license shall remain in suspended status unless and until a further stay is granted by the Board, or the time period for probation, with the addition of six (6) months, expires.
(e) Should the Board determine an appearance is unsatisfactory, the board may authorize the licensee to complete a 7-hour Business Practices course approved by the Board, in lieu of one unsatisfactory appearance. Should the licensee request this action, the licensee shall have 90 days from the date of appearance before the Board within which to complete the course. If the licensee fails to complete the course within the 90-day time period, the appearance will be deemed unsatisfactory and the provisions of paragraph (5)(d), shall apply.
(f) Should the licensee’s licensure to practice contracting be placed on inactive status, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of contracting, and the licensee shall then serve the time remaining in the term of probation.
(g) The licensee’s licensure to practice contracting shall be suspended for the period of probation, with the suspension stayed for the period of probation. The time of the suspension and the stay shall run concurrently with the period of probation, except as provided otherwise in the Final Order. If the licensee successfully completes probation, the suspension shall terminate. If the licensee fails to comply with the requirements set forth in this rule or in the Final Order imposed in this case, or fails to make satisfactory appearances as determined by the Board, the stay shall be lifted. Once the stay is lifted, the license shall remain in suspended status unless and until a further stay is granted by the Board, or the time period for probation expires.
Rulemaking Authority 455.227(2), 489.108 FS. Law Implemented 455.227(2), 489.129(2), (6) FS. History-New 1-6-80, Amended 12-19-82, Formerly 21E-12.08, Amended 5-29-90, 7-21-92, Formerly 21E-12.008, Amended 8-21-95, 11-25-97, 7-17-01, 2-28-06, 4-8-18.
Terms Used In Florida Regulations 61G4-12.008
- Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oath: A promise to tell the truth.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(3) Failure to pay a fine within the time specified in this rule or in the Board’s Order shall result in the assessment of an interest payment at an annual percentage rate of eighteen percent (18%); said interest shall begin to accrue from the date immediately succeeding the due date of the fine.
(4) For purposes of this rule, the term civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, and restitution.
(5) In cases where the Board imposes probation for violation of Chapter 455 or Part I of Florida Statutes Chapter 489, or of the rules promulgated thereunder, the following conditions shall apply:
(a) The licensee shall be required to appear before the Board at such times as directed by the Executive Director, or as specified in the Final Order. In connection with each probation appearance, the licensee shall answer questions under oath and shall provide copies of all construction related monthly bank statements, permit applications, contracts, and operations questionnaires since the entry of the final order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department or, the Board. The licensee shall forward said documentation to the Board in advance of the probation appearance.
(b) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department.
(c) Should the licensee violate any condition of the probation, it shall be considered a violation of Section 489.129(1)(j), F.S., and shall result in further disciplinary action by the Board.
(d) Should the licensee fail to make a satisfactory appearance as determined by the Board, the term of the probationary period shall automatically be extended by six (6) months. If there occurs a second such failure, then the term of the probationary period will be extended an additional six (6) months. Should the Board determine a third failure of the licensee to make a satisfactory appearance, then the term of the probationary period will be extended an additional six (6) months, the stay of suspension of the licensee’s licensure to practice contracting shall be lifted and the license shall remain in suspended status unless and until a further stay is granted by the Board, or the time period for probation, with the addition of six (6) months, expires.
(e) Should the Board determine an appearance is unsatisfactory, the board may authorize the licensee to complete a 7-hour Business Practices course approved by the Board, in lieu of one unsatisfactory appearance. Should the licensee request this action, the licensee shall have 90 days from the date of appearance before the Board within which to complete the course. If the licensee fails to complete the course within the 90-day time period, the appearance will be deemed unsatisfactory and the provisions of paragraph (5)(d), shall apply.
(f) Should the licensee’s licensure to practice contracting be placed on inactive status, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of contracting, and the licensee shall then serve the time remaining in the term of probation.
(g) The licensee’s licensure to practice contracting shall be suspended for the period of probation, with the suspension stayed for the period of probation. The time of the suspension and the stay shall run concurrently with the period of probation, except as provided otherwise in the Final Order. If the licensee successfully completes probation, the suspension shall terminate. If the licensee fails to comply with the requirements set forth in this rule or in the Final Order imposed in this case, or fails to make satisfactory appearances as determined by the Board, the stay shall be lifted. Once the stay is lifted, the license shall remain in suspended status unless and until a further stay is granted by the Board, or the time period for probation expires.
Rulemaking Authority 455.227(2), 489.108 FS. Law Implemented 455.227(2), 489.129(2), (6) FS. History-New 1-6-80, Amended 12-19-82, Formerly 21E-12.08, Amended 5-29-90, 7-21-92, Formerly 21E-12.008, Amended 8-21-95, 11-25-97, 7-17-01, 2-28-06, 4-8-18.