§ 18-83. Violations.

The following acts by any person are prohibited:

(a)

Obtaining a license or building permit by fraud or misrepresentation.

(b)

Violating the applicable building codes or laws of the State of Florida or any municipality or county in the state.

(c)

Performing any act that assists a person or entity in engaging in the unlicensed practice of contracting, if the person knows or should have known, or has reasonable grounds to know that the person or entity is not duly licensed, including recommending an unlicensed person to perform work, or displaying or supplying a consumer with a business card advertising services for which the person is not licensed or does not hold a competency card.

(d)

Allowing an unlicensed person to use a license, including a license holder with a license in his or her name who allows a business organization to use his or her license in aid of contracting, without active and substantial participation in the operations, management, or control of the business organizations by the license holder.

(e)

Entering into an agreement, oral or written, that allows an unlicensed person or business entity to use a license for a fee or where the licensed contractor will not actively and substantially take part in the daily business activity of the entity using his certificate.

(f)

Contracting as a business entity or in a name other than that indicated on the license. A change in the business name that is not reported in accordance with applicable regulations is not a valid defense to this violation.

(g)

Committing mismanagement or misconduct in the practice of contracting, including mismanagement or misconduct that causes financial harm to a consumer. Prima facie evidence of financial mismanagement or misconduct exists when valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or bond, within 75 days after the date the liens are filed in the public records.

(h)

Failing to timely start work as required by section 18-79.

(i)

Abandoning a construction project. A project may be presumed abandoned after 90 days if the contractor, or person acting as the contractor, or his agent, terminates the project without just cause, fails to give the owner a proper notice explaining the reason for termination, or fails to perform work without just cause for 90 consecutive days.

(j)

Signing a statement with respect to a project or contract that falsely indicates the work is bonded; that payment has been made for all subcontracted work, labor, and materials; or that workers' compensation or public liability insurance is in effect.

(k)

Committing fraud or deceit in the practice of contracting. An inference of the intent to defraud occurs upon proof of the following:

(1)

A contractor, or person acting as the contractor, or his agent, received money for the repair, restoration, addition, improvement or construction of residential real property; and

(2)

The amount received exceeds the value of the work performed by the contractor; and

(3)

The contractor failed to perform any of the work for which he contracted during any 60-day period; and

(4)

The failure to perform any such work during the 60-day period was not related to the owner's termination of the contract or material breach of the contract by the owner; and

(5)

The contractor's failure to perform the contracted work continued for an additional 30-day period after the property owner or county mailed a certified letter to the contractor stating that:

a.

The contractor failed to perform any work for a 60-day period; and

b.

That the failure was not due to a material breach or termination of the contract by the owner; and

c.

That the contractor must recommence construction within 30 days of the date the letter was mailed.

(l)

Committing incompetency or misconduct in the practice of contracting.

(m)

Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.

(n)

Proceeding on any job without obtaining the required building permits and inspections.

(o)

Failing to obtain required inspections and/or to obtain inspections timely.

(p)

Failing to provide to Pasco County documents required by a permit, or upon which a permit is conditioned.

(q)

Failing to immediately notify a consumer for whom work is being performed, by registered or certified mail, of any failed inspection if that inspection is not corrected and subsequently passed within 30 days of the original failed inspection.

(r)

Failing to provide, upon written request by the consumer in privity with the person performing or contracting or bidding for a construction project, a copy of the contract, permit documents, permit, plans, invoices, payment information, certificate of occupancy, or any other document associated with a construction project or bid.

(s)

Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to the owner or contractor regarding the intent to seek a lien on the subject property.

(t)

Subcontracting to an unlicensed contractor.

(u)

Engaging in the act of contracting, as defined in this article, in Pasco County without the being licensed as required by this article, or without holding the appropriate license, certificate, registration, or certificate of competency.

(v)

Holding oneself out as being a certified, licensed, or registered contractor when not so certified, licensed, or registered. It is specifically forbidden for a person to represent oneself as "licensed" on the grounds that one holds only a business tax certificate issued by the Pasco County Tax Collector but does not otherwise possess the required license or certificate of competency pursuant to state law or this chapter;

(w)

Advertise to the public in any publication, transmission, business card, pamphlet, telephone directory or otherwise that one is a contractor qualified to engage in business as a contractor or that one will perform work in a trade without possessing the required licenses pursuant to state law or this article.

(Ord. No. 07-20, § 1, 9-11-07)