§ 10-22. Prohibited acts and omissions.

It shall be unlawful for any contractor, as defined by this chapter, operating anywhere within the County, or any partner, corporate officer, corporate director, controlling stockholder, employee or qualifying agent of such contractor, to commit any one (1) or more of the following acts or omissions:

(a)

To contract for or do work outside of the scope of work which the contractor is authorized to perform.

(1)

A contractor is considered to be contracting for work beyond the scope of work which the contractor is authorized to perform when more than fifty (50) percent of the work under the contract is not within the scope of work of the contractor category in which the contractor holds a certificate of competency, or is otherwise authorized by law to perform without regard as to whether the contractor is performing the work with his or her employees or intends to subcontract the work to another entity.

(2)

If more than fifty (50) percent of the work to be performed under a contract does not fall within any scope of work defined under this chapter, then any entity may contract for or perform the work, without having to first obtain a certificate of competency, provided, any work to be performed under the contract which falls within the scope of work of a contractor category must be subcontracted to and performed by a certified contractor.

(b)

Abandon without legal excuse a construction project or operation in which the contractor is engaged or under contract as a contractor. A construction project for the repair, alteration, addition or remodeling is abandoned if the contractor terminates the project without just cause, or fails to perform work without just cause for thirty (30) consecutive days. A finding of abandonment shall have no effect on the status or validity of any permits obtained for the work involved.

(c)

Divert funds or property received for the execution or completion of a specific construction project or operation or for a specific purpose to any other use whatsoever.

(d)

Depart from or disregard in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative, and the building official, as defined by the Florida Building Code.

(e)

Disregard or violate any provision of Chapters 8, 8A, 9, 11B, 11C, 13, 15, 17, 18A, 19A, 24, 28, 32 or 33 of this Code or any provision of the Florida Building Code, as presently written and as may be hereinafter amended from time to time.

(f)

Misrepresent any fact in an application or supporting papers to obtain or to renew a certificate required by this chapter.

(g)

Fail to fulfill contractual obligations in connection with any contract or construction project arising out of the business for which he has been issued by this board, including, but not limited to, payment for material furnished or work or services performed.

(h)

Evade or violate any of the provisions of this chapter, which may be evidenced by, but not limited to, one (1) or more of the following acts:

(1)

Aid or abet any person not holding a certificate of competency to evade or violate any of the provisions of this chapter;

(2)

Allow a certificate to be used by an unauthorized person;

(3)

Obtain a permit for any work in which the certificate holder does not actually supervise, direct, and control the construction or installation covered by such permit; or

(4)

Subcontract any work to any person, corporation or firm not holding a certificate of competency for work involved in the subcontract.

(i)

Commit any fraudulent act as a certificate holder by which another is injured.

(j)

Fail to supervise, direct, inspect or control all work on any construction project or operation on which the qualifying agent is engaged.

(k)

Fail to maintain insurance coverage as required under Section 10-19 of this Code or worker's compensation coverage as required by State Law.

(l)

Fail to maintain business or financial records as required under Section 10-19.1 of this Code.

(m)

Fail to provide the disclosure required under Section 10-33 of this Code.

(n)

Sign a statement with respect to a construction project or contract indicating that the work is bonded, when the contractor knows or has reason to believe the work is not bonded.

(o)

Make representation that worker's compensation or public liability insurance are provided, when the contractor knows or has reason to believe either is not so provided.

(p)

Make representation that payment has been made for subcontracted work, labor, or materials when the contractor knows or has reason to believe it has not been made.

(q)

Fail to comply with a lawful stop work order issued by the Building Official or his or her duly authorized representative.

(r)

Fail to perform all necessary work to correct violations specified in a warning notice, Notice of Violation, civil violation notice issued pursuant to Chapter 8CC of this Code, or other written instrument prepared by the Building Official or his or her duly authorized representative, when the contractor has had access to the property.

(s)

Fail to pay a fine, administrative costs or restitution within the time specified in this chapter or in the Board's order.

(t)

Fail to satisfy, within a reasonable time, the terms of a civil judgment relating to the practice of contracting.

(Ord. No. 57-25, § 17.12, 11-12-57; Ord. No. 64-59, §§ 31, 32, 11-24-64; Ord. No. 65-79, § 1, 12-22-65; Ord. No. 67-82, § 1, 10-17-67; Ord. No. 74-89, § 1, 10-15-74; Ord. No. 80-79, § 1, 7-15-80; Ord. No. 91-116, § 1, 10-1-91; Ord. No. 93-70, § 4, 7-15-93; Ord. No. 93-76, § 1, 7-27-93; Ord. No. 93-109, § 1, 10-19-93; Ord. No. 95-46, § 1, 4-4-95; Ord. No. 95-188, § 2, 10-17-95; Ord. No. 99-10, § 1, 1-21-99; Ord. No. 13-08, § 1, 2-5-13)

Editor's note

Provisions enacted by Ord. No. 95-46, adopted April 4, 1995, designated as paragraphs (m)—(q), have been redesignated as paragraphs (n)—(r) at the discretion of the editor to avoid duplicative lettering. Furthermore, provisions enacted by Ord. No. 99-10, § 1, adopted Jan. 21, 1999, designated as paragraphs (n) and (o) have been redesignated as paragraphs (s) and (t) for a similar reason.