The construction industry is one of the most heavily investigated industry in the State of Florida.  According to the Department of Business and Professional Regulation (“DBPR”), DBPR received 9,831 complaints in the fiscal year of 2022-2023.  Of those complaints, 4,699 were found to be legally sufficient, 1007 led to the filing of an administrative complaint, and 773 led to final orders.

At Hubbs Law, we not only aggressively defend accusations of a crime, we also aggressively defend our clients’ licenses as well. 

For every individual accused of misconduct with their general contractor’s license, we will thoroughly evaluate the facts of the client’s case, the applicable law, and guide them through the process with DBPR.

You have rights during this process.  For every complaint made to DBPR, there is a formal process that will be explained below.  During this process, you have the right to be represented by an attorney that can challenge evidence, witness credibility, or submit mitigating evidence on your behalf.

If you or someone you know has a general contractor’s license and has been accused of misconduct, give our office a call at 305-570-4802. 

Complaint Against General Contractor

The first step in this process generally involves an individual filing a complaint with DBPR alleging that a general contractor has engaged in misconduct that should lead to sanctions.  There are many reasons that an individual can file a complaint against a general contractor including:

• The contractor is unlicensed
• The contractor did not complete the work under the contract
• The quality of the contractor’s work was not up to professional standards
• The contractor damaged property during the construction
• The contractor overcharged for labor or materials

To file a complaint against a contractor, an individual simply needs to go to the DBPR website and file the complaint online or call at 850-487-1395.

Under Fla. Stat. 455.225, the contractor is entitled to be provided with a copy of the complaint and given 20 days to respond to the allegation. However, contractors should be careful in issuing a response as there are many cases where an individual’s response to these allegations could be incriminating and should be reviewed with an attorney prior to submission. 

Investigation Against General Contractor

If the complaint is legally sufficient, then DBPR will generally investigate the allegations to determine if there is reasonable cause to believe that the licensee has violated a Florida statute, a rule of the department, or a rule of a board.  An investigation could involve speaking to witnesses, reviewing documents, or evaluating appliable law and regulations.

After an investigation, the investigative report and all evidence will be submitted to a “probable cause panel”.  The probable cause panel is comprised of current or former board members for the construction industry.  The purpose of the probable cause panel is to determine if there is probable cause that a violation occurred. 

There are three possible decisions that a probable cause panel can make:

1. No Probable Cause – The evidence does not establish probable cause that the licensee violated the law.
2. Letter of Guidance – The licensee has violated the law but the violation was a minor infraction that does not require formal disciplinary action.
3. Administrative Complaint – The licensee violated the law and the violation merits disciplinary action. 

Administrative Complaint Against General Contractor

If the probable cause panel recommends an administrative complaint, DBPR will generally file an administrative complaint against the licensee and send formal notice of the complaint in the mail to the contractor’s last known address.  You generally only have 21 days to respond to the complaint and failure to respond could result in a default judgment. 

Generally, you have three options in response to an administrative complaint filed by DBPR:

1. Formal Hearing – If you request a formal hearing, you are requesting a hearing before an Administrative Law Judge of the Division of Administrative Hearings.  During the hearing, both parties can call witnesses and present evidence.  DBPR has the burden to prove the licensee violated Florida law or one of the regulations of the Department.  At the conclusion of the hearing, the Judge will determine if the licensee has violated the law, and if so, what disciplinary action should be imposed.
2. Informal Hearing – If you request an informal hearing, you do not dispute the allegations in the Administrative Complaint, however, you are stating that you would like to submit oral or written mitigating evidence to be considered before any disciplinary action.
3. Accept Final Order – If you accept a final order, you do not dispute the allegations in the Administrative Complaint and you request that Administrative Law Judge impose a final order and disciplinary action in your case. Sometimes, this will also require you to sign a form called “Voluntary Relinquishment of License”. 

The penalties that can be imposed on a licensee that is determined to violate the law range from a written reprimand to suspension or permanent revocation.  Generally, in determining the appropriate penalty, an Administrative Law Judge will take into account the following aggravating and mitigating factors:

• The degree of harm to the consumer or public.
• The number of counts in the administrative complaint.
• The disciplinary history of the licensee.
• The status of the licensee at the time the offense was committed.
• The degree of financial hardship incurred by a licensee as a result of the imposition of a fine or suspension of the license.
• Violation of the provision of part II of chapter 475, wherein a letter of guidance as provided in section 455.225(3) has been previously issued to the licensee. 

Attorney for General Contractor License Defense in Miami, FL

At Hubbs law, we defend against DBPR complaints for all types of professions.  Our attorneys are former prosecutors and have the experience you need to give you or your loved one the best opportunity for a favorable outcome. 

Your license is your livelihood.  You need an attorney to prepare an aggressive defense to allegations made against your profession and reputation.  Our attorneys will meet with you and thoroughly evaluate all aspects of your case, strategize a defense, and proceed to a formal hearing if necessary. 

Hubbs Law handles all professional license cases in Miami-Dade County including South Miami, North Miami, South Beach, North Miami Beach, Coral Gables, Kendall, Doral, Homestead, Pinecrest, Palmetto Bay, Cutler Bay, and Hialeah, as well as other cities and areas in the Greater Miami Area.

Call 305-570-4802 today to schedule your first consultation today.