DBPR Disciplinary Actions and Penalties 2 — Questions and Answers
Question 1: A DBPR licensee who disagrees with a disciplinary decision may appeal to which body?
- Florida Division of Administrative Hearings (DOAH) (Correct answer)
- Florida Supreme Court
- DBPR Secretary directly
- Local county commission
Correct answer: Florida Division of Administrative Hearings (DOAH)
Licensees contesting DBPR disciplinary actions may request a formal hearing before the Division of Administrative Hearings (DOAH).
Question 2: What is the maximum fine DBPR can impose per violation on a licensed professional in Florida?
- $10,000 per violation (Correct answer)
- $1,000 per violation
- $5,000 per violation
- $500 per violation
Correct answer: $10,000 per violation
Florida statutes allow DBPR to impose fines of up to $10,000 per violation against licensed professionals.
Question 3: Which of the following acts by a contractor would most likely result in DBPR disciplinary action?
- Abandoning a construction project without justification (Correct answer)
- Subcontracting specialty work to a licensed specialist
- Applying for a permit before beginning work
- Carrying the minimum required insurance
Correct answer: Abandoning a construction project without justification
Abandoning a construction project without cause is a violation of Florida contractor law and subject to DBPR disciplinary action.
Question 4: What happens to a DBPR licensee's bond if disciplinary action results in a judgment against them?
- The bond may be used to compensate harmed consumers (Correct answer)
- The bond is automatically forfeited to the state
- The bond is cancelled without compensation
- The bond is transferred to the successor licensee
Correct answer: The bond may be used to compensate harmed consumers
A contractor's surety bond can be called upon to compensate consumers who suffer financial harm due to a licensee's violation.
Question 5: DBPR may place a licensee on probation as a disciplinary measure, which typically requires the licensee to do what?
- Report regularly, complete education, and comply with conditions (Correct answer)
- Stop practicing immediately
- Surrender their license temporarily
- Pay a bond to the state
Correct answer: Report regularly, complete education, and comply with conditions
Probation allows a licensee to continue practicing under specific conditions such as periodic reporting and completing remedial education.
Question 6: Which term describes the DBPR process of formally charging a licensee with a violation after an investigation?
- Administrative complaint (Correct answer)
- Indictment
- Summary judgment
- Notice to appear
Correct answer: Administrative complaint
After finding probable cause, DBPR files an administrative complaint, which is the formal charge initiating disciplinary proceedings.
DBPR Disciplinary Actions and Penalties 2
A DBPR licensee who disagrees with a disciplinary decision may appeal to which body?