§ 5-310. Prohibited activities.

The following actions shall constitute grounds for the initiation of disciplinary action against any person or firm or the imposition of penalties set forth in section 5-311 of this article:

(1)

Contract or agree to do any work outside the scope of the particular certificate of competency which he has been issued.

(2)

Abandon without legal cause any project or operation in which he is engaged or under contract as a contractor.

(3)

Perform any work in a manner not in compliance with any applicable building code, ordinance, law, rule, regulation, police, or procedure, and any amendments thereto, adopted by the commission.

(4)

Depart in any material respect from the plans or specifications of any work or project which the contractor has to perform or which the journeyman has been employed to perform.

(5)

While in the performance of his contracting business or in the performance of his duties as a journeyman, violate any of the building, safety, health, insurance, or workers' compensation laws of the state or ordinances of the county.

(6)

Misrepresented any material fact in his application or supporting documents required for the issuance of a certificate of competency.

(7)

Fail to fulfill any contractual obligation through inability to pay all creditors for material furnished or work or services performed.

(8)

Aid or abet any person or firm not holding a certificate of competency to evade the provisions of this article, or allow his certificate of competency to be used by any person or firm not holding a certificate of competency, or to act as an agent, partner, or associate of any person or firm not holding a certificate of competency with intent to evade the provisions of this article. The use of a certificate of competency by any firm or firms without the holder thereof having any active participation in the operation, management, or control of said firm or firms, shall be prima facie evidence of intent to evade the provisions of this subsection.

(9)

Allow, under any circumstances, for monetary gain or otherwise, the use of a certificate of competency for the issuance of building permits for the benefit of any unlicensed contractor or contractor other than that person or firm to whom the applicable certificate is issued.

(10)

Perform any fraudulent act as contractor or journeyman by which another is substantially injured.

(11)

Divert any funds or property received for the prosecution or successful completion of any construction project or operation where, as a result of said diversion:

a.

The contractor is or will be unable to fulfill the terms of his obligation or contract; or

b.

The owner is subjected to the claims of any person or firm for labor, services, or material under Chapter 713, Florida Statutes, commonly known as the "Mechanic's Lien Law".

(12)

Fail to notify the board that the contractor's qualified representative has severed his relationship with the contractor within seven (7) days of the effective date of severance as required by this article.

(13)

Employ any person to do work which is within the scope of work of any of the classes of journeyman herein set forth if such person has not been duly certified by the board.

(14)

Fail to maintain any policy of insurance or workers' compensation insurance required by the terms of this article.

(15)

Conduct business as a contractor in any other name than that appearing on a certificate of competency held by said contractor.

(16)

Submit an invoice for a completed project where it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost is the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by terms of the contract between contractor and customer.

(17)

Falsely present release of lien statements to a customer whereby the customer believes that all bills from material suppliers and subcontractor have been settled by the contractor.

(18)

Commence any work on a construction site that requires a building permit without having first obtained and posted or stored said permit at a location visible from the street at the construction site.

(19)

Fail to call for required sequential or final inspection of work performed under the authority of a county building permit.

(20)

Obtain a building permit for any construction activity in which the contractor does not have direct participation in such activity, including, but not limited to, selection and supervision of subcontractors, purchasing of materials, cognizance of day-to-day construction operations.

(Ord. No. 90-16, § 14, 7-3-90; Ord. No. 92-03, § 14, 2-11-92)