The Steps for Handling a Complaint Against a Contractor in Florida: Part One

1. Contractors must follow Chapter 489, Florida Statutes for construction contracting.
2. The Department of Business and Professional Regulation regulates the industry and disciplines licensees for violations.
3. The Department receives complaints almost daily against certified contractors.
4. Homeowners typically file complaints using a uniform complaint form.
5. Complaints are analyzed and, if legally sufficient, assigned to an investigator.
6. The subject of the complaint is notified and given 20 days to respond.
7. If new allegations arise, the subject is given an additional 20 days to respond.
8. The investigator compiles relevant information and drafts a report on the complaint.
9. The report is then forwarded to the Department’s legal division and assigned to an attorney.
10. The prosecuting attorney decides if probable cause exists and drafts a Closing Order or an Administrative Complaint.
11. The Department has authority to close cases for the Construction Industry Licensing Board when probable cause does not exist. – Cases closed before finding probable cause are confidential and exempt from public access.
– The Probable Cause Panel meets monthly to consider disciplinary cases.
– The Panel determines if probable cause exists for the case being presented.
– The Department formulates a recommendation to the Panel.
– The Panel must approve all Administrative Complaints before they are filed with the Department’s Agency Clerk.
– Part II of the series will detail Administrative Complaints and Dismissals, which are public documents that could affect a contractor’s license.

https://www.jimersonfirm.com/blog/2017/10/disciplinary-process-certified-contractor-florida/


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