Fla. Admin. Code Ann. R. 61G4-23.001 - Notice of Noncompliance
(1) As an
alternative to the provisions of Sections 455.255(1) and (2), Florida Statutes,
the Department may provide a licensee with a notice of noncompliance for an
initial offense of a minor violation.
(2) Minor violations that do not endanger the
public health, safety and welfare, and which do not demonstrate a serious
inability to practice the profession are:
(a)
Failure to maintain proof of current workers' compensation or general liability
insurance, as required by Rule
61G4-15.003, F.A.C.
(b) Failure to inform CILB of change of name
style, address, or that the licensee has ceased qualifying a business, as
required by Rule 61G4-15.007, F.A.C.
(c) Failure to include license number on an
advertisement offer of services, business proposal, bid or contract as required
by Section 489.119, F.S.
(d) Failure to register local license with
the CILB prior to contracting, as required by Sections
489.115(1) and
489.117(1),
F.S.
(e) Failure to qualify a firm,
or acting under a name not on license.
(f) Contracting outside the geographic scope
of the license where the jurisdiction in which the contractor is not licensed
is adjacent to one where the contractor is properly licensed, and the practice
outside the geographic scope of the license was not willful.
(g) Contracting with a delinquent
license.
(h) Failure to register a
qualified business organization.
(i) Failure to obtain an
inspection.
(j) Failure to correct
a code violation.
(k) Failure to
honor a written contractual warranty.
(3) This designation of violations as minor
for the purposes of Section
455.225(3),
F.S., is limited to initial violations in which corrective action is commenced
within 15 days of the Department's issuance of a notice of noncompliance. The
violation must be corrected within 15 days. If it cannot be corrected within 15
days, then corrective action must be commenced within 15 days and the licensee
must move with due diligence to complete the corrective action. A violation
which continues past that period shall no longer be deemed a minor violation
and shall be treated as a citation offense, pursuant to Rule
61G4-19.001, F.A.C. Violations
of this section, except as provided herein, shall be handled in accordance with
the standard disciplinary guidelines. Nothing provided in this section shall
restrict the Board from seeking full prosecution in such instances where
aggravating circumstances are present which would preclude a minor violation
dismissal.
Notes
Specific Authority 455.225(3), 489.108, 489.129(1)(j) FS. Law Implemented 455.224, 455.225(3) FS.
New 12-31-95, Amended 4-24-96, 11-13-97.
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