Unlicensed activity affects almost every profession and among those with major problems are real estate and construction.
The Florida Department of Business & Professional Regulation licenses many of the state’s professions and also leads the fight to combat unlicensed practitioners.
The department, however, must rely on licensees to help protect the industry by filing complaints against those who do not carry the proper licensure.
Here are some questions with answers provided by DBPR:
What is needed for a complaint against an unlicensed person to be legally sufficient?
The complaint must be in writing and signed by the complainant. It is legally sufficient if it contains ultimate facts that show that a violation of the statute covering the profession, 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.
In order to determine legal sufficiency, the department may require supporting information or documentation. For example, DBPR may ask for a copy of the contract and proof of payment such as the front and back of the canceled checks.
Will the complaint be confidential?
No. Complaints of unlicensed activity are always public record.
Can an anonymous complaint be investigated?
Yes, if the complaint is in writing and is legally sufficient, if the alleged violation of law or rules is substantial, and if the department has reason to believe, after preliminary inquiry, that the violations alleged in the complaint are true.
Callers to the Unlicensed Activity Hotline, 866-532-1440, who provide a tip regarding potential unlicensed activity may remain anonymous.
How can a complaint be filed?
In person, by mail or by fax at 850-921-2134. Complaint forms are available on-line. You may also email your complaint form to [email protected]. The department’s address is:
Department of Business & Professional Regulation
Division of Regulation
1940 North Monroe Street
Tallahassee 32399-2212
Will the person filing the complaint have to be a witness at a trial?
The complainant may be called as a witness by the department in any administrative proceeding against the unlicensed person, although most administrative cases are settled without the necessity of witnesses.
Unlicensed activity cases are also referred to the local State Attorney for review for possible criminal prosecution. If a criminal case arising out of the facts of the complaint is filed by the State Attorney, it is a separate proceeding handled by the local State Attorney’s Office, and the complainant may be called as witness to testify in that proceeding as well.
If a complaint against an unlicensed person is found to be justified, what then happens?
The investigator assigned to the case will contact the complainant for an interview and to collect documents that support the allegation of unlicensed activity. The investigator may also ask for a sworn statement and to identify the subject of the complaint. The DBPR investigator may issue the unlicensed person or business a Notice to Cease and Desist the unlicensed activity.
When the investigation is completed, DBPR will report its findings to the department’s attorneys and to the State Attorney in the appropriate county. The department’s prosecuting attorney may also file formal charges in the administrative law court against the unlicensed person that can result in civil fines of up to $10,000 per violation.
How will be complainant be informed of the actions being taken?
The department will notify the complainant in writing at various stages in the complaint process, including:
• When the complaint is received;
• When the review or investigation of the complaint is complete and, if appropriate, that the case is being forwarded to the legal section for review;
• Whether probable cause was found;
• The status of any administrative proceedings; and
• The status of any appeal.
What does DBPR do to find unlicensed activity?
You will read about two operations: a sweep and a sting.
A sweep is a pre-emptive or proactive enforcement action performed in areas of known or suspected unlicensed activity. Department investigators generally perform these enforcement actions in conjunction with another state agency, law enforcement or local municipal agency. Notices to Cease and Desist, Citations, or the opening of cases are enforcement actions taken during Division of Regulation sweeps.
A sting is an enforcement action in which the Division of Regulation provides individuals the opportunity to offer services that require licensure through bids, proposals or performance of the service. Undercover investigators and/or law enforcement personnel pose as potential customers during these stings. The resulting enforcement action could be any one or a combination of the following actions: arrest, issuance of a Notice to Cease and Desist, a citation or administrative prosecution by the department. The objective is to curtail unlicensed activity in an effort to protect the public.