Narrative Opinion Summary
In this case, the petitioner, a state-certified general contractor, sought certiorari review of a circuit court decision upholding the Monroe County Contractor’s Examining Board's action against him. The Board had found the contractor guilty of violating local codes related to workers’ compensation insurance and business registration requirements, subsequently suspending his permit-pulling privileges for six months. The contractor argued that only the Florida Department of Business and Professional Regulation could discipline him under section 489.131(7)(f), Florida Statutes, as he was authorized to operate statewide. The Examining Board asserted it had the authority to suspend permits under sections 489.113(4)(b) and (e) of the Florida Statutes, but the court clarified that this power is restricted to local construction regulation boards. The court determined that the Examining Board did not qualify as such under the statutory definition and quashed the circuit court's decision, directing a reversal of the Board's order. The case underscores the delineation of authority between state certification and local regulatory bodies in the context of contractor discipline and permit regulation.
Legal Issues Addressed
Authority of Local Boards over State-Certified Contractorssubscribe to see similar legal issues
Application: The court concluded that the Monroe County Contractor’s Examining Board was not authorized to suspend the permit-pulling privileges of a state-certified contractor as it did not qualify as a 'local construction regulation board' under the relevant Florida Statutes.
Reasoning: The court agreed with Snowman, clarifying that only local construction regulation boards have the authority to deny or suspend building permits as outlined in subsections 489.113(4)(b) and (c), thus quashing the circuit court's decision and directing the reversal of the Examining Board's action.
Definition and Role of Local Construction Regulation Boardssubscribe to see similar legal issues
Application: The decision emphasized that the Monroe County Contractor’s Examining Board does not meet the statutory definition of a local construction regulation board, which is necessary to exert authority over permit suspension.
Reasoning: The legislature defines a 'local construction regulation board' in section 489.105(12) as a board with at least three residents appointed by the county or municipality to oversee construction standards.
Scope of Authority under Florida Statutes Sections 489.113(4)(b) and (e)subscribe to see similar legal issues
Application: The court found that the authority to suspend building permits is limited to entities recognized as local construction regulation boards, which the Monroe County Contractor’s Examining Board is not.
Reasoning: The Examining Board acknowledged it lacked disciplinary authority over Snowman but claimed 'nondisciplinary' authority to suspend building permits per Florida Statutes sections 489.113(4)(b) and (e).