Quick Answer: When a complaint is filed against a licensed Florida contractor, the Department of Business and Professional Regulation (DBPR) conducts an investigation. The matter may then be reviewed for probable cause by the Construction Industry Licensing Board (CILB). Not every complaint results in formal charges, but the investigation stage is critical because the record created there often shapes the outcome.

Step 1: Complaint Submission

The process typically begins when:
A consumer files a written complaint
A governmental agency submits a referral
A building department raises concerns
DBPR initiates review based on information received

Complaints generally allege violations under Chapter 489, Florida Statutes, or related administrative rules.
At this stage, the allegations have not been proven. The filing of a complaint does not mean discipline will occur.

Step 2: Jurisdictional Review

DBPR first evaluates whether:
The individual or entity is licensed.
The alleged conduct falls within DBPR/CILB jurisdiction.
The complaint states a potential statutory or rule violation.
If jurisdiction is lacking, the matter may be closed. If jurisdiction exists, the case proceeds to investigation.

Step 3: Investigation

If the complaint moves forward, an investigator may be assigned.

The investigative stage may include:
Written requests for documentation.
Interviews of complainants and witnesses.
Review of contracts, change orders, payment records.
Permit and inspection verification.
Site inspections in some cases.
Requests for a written response from the contractor.

Important for Contractors:

Statements made during this phase can become part of the official record.

Documentation submitted may later be reviewed by the probable cause panel.

Even matters that seem minor should be approached carefully and professionally.

Confidentiality During Investigation

Under Florida law, certain investigative materials may be treated as confidential until probable cause is determined, subject to statutory exceptions.

However, contractors should not assume a complaint will remain private indefinitely. If probable cause is found and an administrative complaint is filed, the matter generally becomes public record.

Step 4: Completion of Investigation

Once evidence gathering is complete, DBPR prepares an investigative report.

This report typically summarizes:

Allegations.
Contractor response.
Supporting documentsInvestigator findings.
Applicable statutory provisions.
The investigative file is then forwarded for probable cause review.

Step 5: Probable Cause Review

Probable cause review may be conducted by a panel of the Construction Industry Licensing Board (CILB).

The panel evaluates whether:

There is legally sufficient evidence.
A violation of Chapter 489 or related rules may have occurred.
Formal administrative charges are warranted.

Possible Outcomes:

1. No Probable Cause
   The case may be dismissed.

2. Letter of Guidance
   In some situations, a non-disciplinary letter may be issued.

3. Probable Cause Found
   A formal Administrative Complaint may be filed.

Not all investigations result in probable cause findings. Probable cause does not mean guilt or final discipline.

It means the Board has determined that sufficient evidence exists to proceed with formal charges under Florida’s administrative procedures.

If probable cause is found, the case moves into formal administrative proceedings under Chapter 120, Florida Statutes.

What Happens After Probable Cause Is Found?

If an Administrative Complaint is filed, the contractor will generally have the opportunity to:

Dispute the allegations
Elect a formal hearing before an administrative law judge (DOAH)
Request an informal hearing before the Board (if no disputed facts)
Negotiate potential resolution
Procedural deadlines become important at this stage.

Common Contractor Questions

Q: Am I required to speak with the investigator?
A: Cooperation may be requested. Contractors should understand that statements provided may become part of the investigative file.

Q: Can settling with the homeowner end the DBPR case?
A: Private settlement may resolve a civil dispute, but DBPR may still evaluate whether a statutory violation occurred.

Q: Does every complaint go to probable cause review?
A: Not necessarily. Some matters are closed during investigation.

Additional Guidance for Florida Contractors

Contractors reviewing an investigation may also benefit from:

Link to: What Common Mistakes Lead to Contractor License Discipline in Florida?
Link to: What Happens After a DBPR Administrative Complaint Is Filed?
Link to: Can I Continue Working While a DBPR Complaint Is Pending?
Link to: How Do I Protect My Florida Contractor License from Complaints?

Contractors facing a DBPR investigation may request a confidential consultation to evaluate procedural posture, response strategy, and available options under Florida administrative law.