Prescribed burning can present complex legal issues touching on property rights, safety concerns, public health, negligence and regulatory hurdles.
Occasionally when you are driving in Florida, you can see a large earthen creation that does not look like it belongs in our state. Trash mounds stick out in Florida. In fact, some of them are given names like Mount Trashmore. Mount Trashmore has even made the List of Florida’s […]
Part II of this series will discuss civil judgments and how they can affect a certified contractor’s license. The governing authority the Department of Business and Professional Regulation (“DBPR”) cites to when prosecuting civil judgment violations is section 489.129(1)(q), Florida Statutes. This section allows for disciplinary action to be taken […]
In an effort to protect Florida property owners, the legislature has enacted laws to protect the them from unscrupulous contractors.
The importance of the economic loss rule in construction law cannot be overstated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types of claims against which other parties. This blog post discusses Florida’s economic […]
This series will discuss the five most common violations prosecuted by the Department of Business and Professional Regulation (“DBPR”) pertaining to certified contractors. Part I of this series will discuss permitting violations and the steps to take in order to avoid the DBPR pursuing disciplinary action against a contractor’s license. […]
The Department and CILB have several alternative construction licensing processes that are worth discussing. While these provisions still utilize the normal application process, they are alternatives to the normal examination/experience or registration requirements of section 489.111, Florida Statutes. 1. Certification of Registered Contractors License (Grandfathering) Pursuant to Section 489.118, Florida Statutes, […]
As a prerequisite to the initial issuance, or the renewal of an active construction license in Florida the applicant must prove that they have the statutory insurance policies in place. In order to do so, the applicant shall submit a signed affidavit attesting to the fact that the it has […]
Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the building of structures that can withstand the storms. The building code creates certain high wind zones […]
In the first part of this series I discussed the disciplinary process leading up to the Probable Cause Panel (“Panel”) proceedings. This article will discuss how an Administrative Complaint is properly filed to initiate formal discipline on a licensee, and the decisions that a licensee must make once an Administrative […]