ARMANDO CAMEJO, APPELLANT,
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, APPELLEE

Fla. 3d DCA | 2002-04-03
No. 3D01-2308
Before SCHWARTZ, C.J., JORGENSON, J., and NESBITT, Senior Judge.
812 So. 2d 583 Florida District Court of Appeal, Third District (2002)

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Synopsis

A certified general contractor and qualifying agent appeals a disciplinary order imposing fines, restitution, and license suspension. The court affirmed the discipline despite the contractor's argument that he should not be accountable for work performed under building permits he did not sign.


Holding

The court held that a qualifying agent can be held disciplined under section 489.129 even if he did not sign the building permits at issue. The statute contains no exception for qualifying agents who fail to maintain control over their certificates.


Headnotes

[1] A licensed contractor may be held accountable for work performed under permits obtained by a company for which the contractor served as the qualifying agent, even if the…

[2] Statutes authorizing discipline against licensed contractors are penal in nature and should be strictly construed.

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Key Quotes

“Statutes such as those at issue authorizing the imposition of [*584] discipline upon licensed contractors are in the nature of penal statutes, which should be strictly construed.”

Establishes the appropriate standard of review for disciplinary statutes affecting licensed contractors.

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Facts & Procedural History

Armando Camejo was a certified general contractor and qualifying agent for A-1 Professional General Contractor, Inc. A-1 obtained building permits for…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Armando Camejo, a certified general contractor, appeals from a final order imposing an administrative fine, ordering restitution, and suspending his license in a disciplinary action brought by the Florida Department of Business and Professional Regulation [DPR].

It is undisputed that Camejo was the certified general contractor and qualifying agent for A-l Professional General Contractor, Inc., and that A-l obtained building permits for three projects that gave rise to the disciplinary proceeding. The parties stipulated that Camejo himself did not sign the building permit applications for any of the construction projects described in the administrative complaints. Camejo’s defense in the disciplinary proceeding, and his argument on appeal, is that he cannot be held accountable pursuant to section 489.129, Florida Statutes (1999) for work not performed, or poorly performed, pursuant to building permits he never signed.

We disagree. “Statutes such as those at issue authorizing the imposition of discipline upon licensed contractors are in the nature of penal statutes, which should be strictly construed.” Jonas v. Florida Dep’t of Bus. & Prof. Reg., 746 So. 2d 1261, 1262 (Fla. 3d DCA 2000). Section 489.129 does not carve out an exception for qualifying agents who fail to maintain control over the use of their certificates. For this court to do so by judicial fiat would weaken the authority of the Construction Industry Licensing Board to govern the industry and protect the public.

We do not address the qualifying agent’s arguments regarding the bankruptcy proceedings, of A-l, as there is no evidence in the record that the claims relating to the three property owners were discharged in bankruptcy, and the issues he raises are not properly developed for appellate review.

AFFIRMED.


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