Which complaint may the Florida Department of Business and Professional Regulation Dbpr investigate?

Construction Law

Complaints are usually submitted to and handled by the Department of Business and Professional Regulation (DBPR). However, these complaints are sometimes handled differently in the building and construction industry. Allegations against an architect’s license require the individual filing the complaint to contact a State-appointed law firm for investigation of the case, whereas allegations made against an engineer’s license are typically processed through the Florida Board of Professional Engineers and/or the Florida Engineering Management Corporation. For contractors who hold a “registered” license, complaints must be filed with the local issuing government or municipal entity.

If you are a contractor and have allegations against your license, we strongly recommend you obtain the services of an experienced and competent Clearwater contractor lawyer as soon as possible.

The Initial Investigation

While there may be slight differences with how the complaints are filed and handled, the complaint process is very similar among these professions. Once the complaint is filed, it is then reviewed by either a DBPR investigator, a Board investigator, or an investigator from a contracted law firm. During this investigation, information provided in the complaint is verified to help determine whether or not to proceed with the complaint. Procedures that are typically used during such investigations include interviews with complainants, witnesses or the subject of the complaint, issuing subpoenas, taking sworn statements, compiling documentary evidence, and preparing reports. As contractor lawyers in Clearwater, FL, we understand how intimidating these investigations can be.

The Probable Cause Panel

If during the initial investigation, the investigator determines that the complaint is justified by law or regulation, the complaint will be forwarded to a Probable Cause panel. The role of the panel is to review all evidence and supporting documentation to determine if a violation occurred and the severity of such violation.

There are typically three different outcomes from the review of a Probable Cause panel:

1. No Probable Cause – The facts gathered during the initial investigation cannot be sustained, crucial witness cannot be located, a lack of clear and convincing evidence, or other various reasons deem the case dismissable.
2. Letter of Guidance – The panel has determined that a violation of law or regulation has occurred, but the violation was considered such a minor infraction that it did not require disciplinary action.
3. Administrative Complaint – The panel has determined that a violation has occurred which requires disciplinary action. If the panel has reached this decision, it is strongly encouraged to seek the legal council of an experienced contractor lawyer in Clearwater.

To speak with a contractor lawyer about a complaint against your license, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more.

A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that reasonable cause exists that a violation occurred, generally they will inform the licensed professional and request a written response.

A written response to a Uniform Complaint is not required by any law or administrative code, but is highly encouraged. You have 20 days from receipt (notification) of the Uniform Complaint to file a response. This 20 day deadline is incorporated into statute (Fla. Stat. 455.225, which indicates that the subject “may” submit a written response.). However, investigators have accepted late responses, and have provided courtesy extensions to the deadline to response. Nonetheless, IF YOU RECEIVE A COMPLAINT, YOU SHOULD RESPOND TIMELY AND NOT EXPECT TO RECEIVE AN EXTENSION.

The Complaint and supporting documents received by the DPBR, and your response will be forwarded to the PROBABLE CAUSE PANEL. The Probable Cause Panel is composed of members of the particular board (Construction Industry Licensing Board, Division of Real Estate, etc.), and will determine based on the Complaint, the investigation materials, and your submitted response, whether the Department should file a formal administrative complaint against you the licensee.

Whether you respond and your response to an administrative complaint are important decisions, and your should consult with an attorney to discuss your response. A properly crafted response could shorten the administrative complaint process by detailing “both sides of the story” or otherwise indicating where the complaint materials are incorrect, inaccurate, or otherwise inapplicable. Also your response could demonstrate efforts you took to resolve this issue, and other reasonable acts you engaged in as the licensed professional.

Notably, while the DPBR is an administrative agency and the Uniform Complaint is from an administrative agency, it should not be confused with an ADMINISTRATIVE COMPLAINT. The Administrative Complaint is the formal complaint filed by an agency (here the DPBR) after a finding of probable cause. A response to an ADMINISTRATIVE COMPLAINT is required, and is subject to STRICT timing requirements.

Andrew Douglas, P.A. represents licensed professionals that received complaints against their licensee.

To learn more visit https://douglasfirm.com/dbpr-complaints-unlicensed-contracting/

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