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Construction Industry Licensing Board

October 16, 2014 Construction Industry Legal Blog

Reading Time: 4 minutes

Many Florida contractors and license holders have a general understanding of the Florida Construction Industry Licensing Board (“CILB”), but like many quasi-judicial bodies, it can remain a mystery to those who practice and appear in front of the CILB. For those who chose to appear pro se in front of the 18 member CILB to resolve and discuss licensing issues, the prospect may seem downright daunting. This post will cover some general information that license holders and his/her attorney should know before they appear in front of the CILB.

In order to carry out the provisions of Chapter 489 and the regulation of construction licenses in Florida, the legislature created within the department of business and professional regulation the CILB. Members of the CILB are appointed by the Governor, subject to confirmation by the Florida Senate. They are appointed for 4-year terms and a vacancy on the board would need to be filled for the unexpired portion of the term in the same manner as the original appointment.  No member of the CILB can serve more than two consecutive 4-year terms or more than 11 years on the board. The CILB consists of 18 members. They are statutorily identified as follows:

(a)     4 general contractors;

(b)     3 building contractors or residential contractors, however, at least one building contractor and one residential contractor shall be appointed;

(c)     1 roofing contractor;

(d)    1 sheet metal contractor;

(e)     1 air-conditioning contractor;

(f)     1 mechanical contractor;

(g)     1 pool contractor;

(h)     1 plumbing contractor;

(i)      1 underground utility and excavation contractor;

(j)      2 consumer members who are not, and have never been, members or practitioners of a profession regulated by the board or members of any closely related profession; and

(k)     2 building officials of a municipality or county.

To be eligible to serve on the board, each contractor member must have been certified by the board to operate as a contractor in the category with respect to which the member is appointed (i.e. roofing, general contractor, plumbing, etc.). They must be actively engaged in the construction business, and have been so engaged for a period of not less than 5 consecutive years before the date of appointment. Each appointee must also be a citizen and resident of the state of Florida.

The CILB is divided into two divisions: Division I and Division II. Division I is comprised of the general contractor, building contractor, and residential contractor members of the board; one consumer member and one building official. Division I has jurisdiction over the regulation of general contractors, building contractors, and residential contractors. At present, only Division I contractors can have claims paid against them from the Florida Homeowners Construction Recovery Fund. There was legislation this year that attempted to have Division II claims paid also, but the legislation did not pass.

Division II is comprised of the roofing contractor, sheet metal contractor, air-conditioning contractor, mechanical contractor, pool contractor, plumbing contractor, and underground utility and excavation contractor members of the board; one consumer member and one building official. Division II has jurisdiction over the regulation of contractors defined in s. 489.105(3)(d)-(p). Jurisdiction for the regulation of specialty contractors defined in s. 489.105(3)(q) shall lie with the division having jurisdiction over the scope of work of the specialty contractor as defined by CILB rule.

Five members of Division I constitute a quorum, and five members of Division II constitute a quorum. The combined divisions meet together at such times as the board deems necessary, but neither division, nor any committee of that division can take action on any matter under the jurisdiction of the other division. For example, Division II cannot discipline a general contractor. However, if either division is unable to obtain a quorum for the purpose of conducting disciplinary proceedings, it may request members of the other division to join in its deliberations. These are usually the consumer members and building officials or Division II members who hold a Division I license. Such members shall vote and count toward a quorum only during those disciplinary proceedings.

Currently the CILB meets monthly January through November. The CILB does not meet in December. The location of the meetings usually changes and is held all throughout the state of Florida. Tax payer money is NOT used to fund CILB operations. The CILB is self-funding through license applications and contractor fines. An understanding of the CILB generally will assist lawyers and licensees, but advocates should always remember that the CILB is truly made up of a cross section of the license holder’s peers.

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