Investigation Letters and Your Construction Contractor License

As a contractor, your license is your livelihood. That is why when a complaint against your license is submitted to the Department of Business and Professional Regulation you need to take it seriously.

We will help you understand what the investigation letter means, what happens next, and how you should respond as a Certified General Contractor holding a license under the DBPR.

Construction Contractor Complaint Letter in Florida | What it Means

If you are a Certified General Contractor or hold any other construction contractor license under the Department of Business and Professional Regulation (DBPR) and the Department receives a complaint against your license, it means someone claims to have found your work, practices, contracts, or otherwise to be in violation of standard practices.

Often, a complaint is filed with DBPR to allow the consumer to place their complaint on record with the company. In this way, it can help preserve any legal rights the consumer may have in the situation. But it also allows the company receiving the complaint to hear the consumer’s side of the situation. Complaints are submitted by area of license industry. (See all DBPR Complaint Form Industries.)

Relevant Documentation to Support Complaint

In order for a complaint to be investigated further by the DBPR it must contain sufficient facts.

Pursuant to Section 455.225, Florida Statutes, a complaint is legally sufficient if it contains ultimate facts that show that a violation of this chapter, of any of the practice acts relating to the professions regulated by the Department, or of any rule adopted by the Department or a regulatory board in the Department, has occurred. The Department may investigate, and the Department or the appropriate board may take appropriate final action on, a complaint even though the original complainant withdraws it or otherwise indicates a desire not to cause the complaint to be investigated or prosecuted to completion.

Florida Statutes, Section 455.255

Relevant documentation must be provided to support a complaint and no investigation of a complaint begins until it is provided with documentation to the DBPR.

Relevant documentation includes, but is not limited to, copies of the following, as applicable:

• Contracts/ Proposals
• Invoices
• Proof of Payment
• Advertisements
• Correspondence
• Authorization for Release of Patient Information Form (Vets)
• Community Association Manager (CAM) Meeting Minutes
• Management Contract (CAM)
• Covenants and By-laws (CAM)
• Building Permit (Electrical and Construction)
• Lien(s) (Electrical and Construction)

When a License Complaint Investigation is Opened

Once a complaint is received, DBPR will assign an investigator who will get additional information from the complainant and the contractor. The investigator will reach out to you to notify you of the pending complaint and give you an opportunity to respond within 20 days with any information to challenge the complaint. View our FAQ Page on Complaints and Investigations.

This is your only opportunity to provide information to the investigator before the file is completed and forwarded to the probable cause panel. Therefore, carefully articulating your response can be crucial to whether or not an administrative complaint is ultimately filed.

The probable cause panel is composed of members appointed by the Department or appropriate regulatory Board. The panel has the responsibility of reviewing the complaint and any information provided by the contractor and determining whether probable cause exists that a violation occurred. If the panel does not find probable cause for a violation, the file remains confidential and is not public record. However, if the panel finds probable cause, the file will become public record 10 days after the finding. Following a finding of probable cause, you will receive an administrative complaint, which you only have 21 days to respond to via a document called an election of rights form.

If you have received an investigative letter or administrative complaint from the Construction Industry Licensing Board, then time is of the essence. Our firm assists with advice and representation on licensing issues.

Need Legal Help? Let’s Talk

Call the law offices of Howell, Buchan & Strong at (850) 877-7776 now to arrange a free, no-obligation consultation at any one of our locations:

Orlando (407) 717-1773 |Tallahassee (850) 877-7776 | Tampa (813) 833-6726 | Sarasota (941) 779-4348