Article Courtesy of The Tampa Tribune

By JOHN W. ALLMAN

Published May 19, 2008

Contractors approved by the My Safe Florida Home program could possibly be under state investigation or could have received multiple complaints.

TAMPA - When it comes to picking a My Safe Florida Home-approved contractor, residents are on their own.

The program's hurricane inspections help determine whether houses can withstand severe storms, and it offers matching grants to help offset the cost of improvements, as long as customers pick a contractor approved by the program.

But it's what program officials don't emphasize that people need to know: If something goes wrong with the contractor's performance, the program is not to blame.

Homeowners have to assume more responsibility in finding a reputable contractor, in part, because My Safe Florida Home and the state licensing agency for contractors don't tell them everything they need to know.

Both agencies provide the public with a list of contractors, but both lists lack important details that could help residents make an informed choice.

My Safe Florida Home officials don't thoroughly check the backgrounds of contractors on their list, particularly when it comes to prior complaints or disciplinary action.

And the licensing agency, the Department of Business and Professional Regulation, can take up to a year to investigate contractors, allowing the companies to continue working during that time.

The two agencies don't share complaint information, further complicating the process.

It's up to residents to check prior disciplinary action at the state or county level and review complaints on file with consumer groups such as the Better Business Bureau of West Florida.

"Consumers have to do their homework," said Karen Nalven, president of the Better Business Bureau of West Florida. "Check on these companies they're doing business with."

My Safe Florida Home officials say they have no authority to discipline contractors, other than to remove them from the approved list.

Since May 2007, the program has received complaints about at least 136 of the companies on its list, including marketing and solicitation violations.

Twelve of the companies were removed from the list. All but one remain active and licensed through the Department of Business and Professional Regulation to perform work elsewhere in the state.

Failure To Communicate

My Safe Florida Home officials also do not share complaints with the department.

Officials from the two agencies rarely talk about the program.

"The MSFH program met and consulted with DBPR when setting up the application process" for contractors, program administrator Tami Torres said.

That was more than a year ago, said G.W. Harrell, executive director of the Department of Business and Professional Regulation's Construction Industry Licensing Board.

"I haven't received any phone calls from My Safe Florida Home about these problems, but we get 10,000 complaints a year against licensed contractors," he said. "We investigate roughly half of those."

Harrell said licensing officials haven't reviewed the program's list of contractors.

"I can see how it would be very difficult for them to maintain an active list given the number of contractors we discipline on a monthly basis," he said.

Harrell also said it isn't feasible for the two agencies to communicate more. The Department of Business and Professional Regulation needs to hear from residents in order to take action.

"If we get a complaint from a state agency, we would still have to contact the consumer," he said. "I think we can accomplish what we need to do if they're just referred to our Web site."

My Safe Florida Home, however, doesn't require its customers to contact the licensing agency with problems.

Torres said homeowners are encouraged to file complaints with the department.

Those who do contact the licensing agency may not be happy with what they're told.

Some complaints, particularly contract-related, are often referred to civil court.

"People don't like to hear this, but reasonable minds can disagree," said Tim Vaccaro, director of the department's Division of Professions. "When people are involved in contracts, disagreements can flare up, and usually those are best resolved in civil court."

186 Licenses Revoked Since '07

Sam Farkas, the department's deputy press secretary, said the licensing board can impose a variety of punishments if probable cause is determined. Disciplinary action can range from a reprimand to a $10,000 fine per violation.

The board can place contractors on probation, suspend their licenses or revoke their licenses. Since 2007, 186 licenses have been revoked.

Diane Christianson of Bonita Springs complained to the department at My Safe Florida Home's request. She said her contractor ordered the wrong windows, damaged her home trying to install them, then refused to make repairs or finish the job unless she paid $5,000 above her contract price.

The agency responded in December: "The matter you have described appears civil in nature, and will need to be addressed in a court."

Christianson wrote to My Safe Florida Home officials in February to express her frustration: "I am 63 and alone," she said. "This has been a nightmare of unparallel proportions."

Christianson said she was told to file a complaint with the department. "Well, the department is useless," she wrote.

Farkas said the department looks into every complaint received and initiates investigations when warranted.

But investigations can take up to a year, which people don't realize, and they remain confidential until probable cause is determined.

During that time, a contractor in question remains licensed and active in the department's database.

My Safe Florida Home uses the same database to approve companies in the program.

That means My Safe Florida Home customers could unknowingly pick a contractor that is under state investigation. Or they could choose a contractor that has received complaints - from other My Safe Florida Home customers - without knowing it.

Complaints aren't posted by the program, and officials don't announce when companies are removed from the list or why.

Again, the responsibility falls to residents.

"All files and information are a matter of public record and available to the public," Torres said.

Homeowners can look past the state if they encounter problems, although local licensing agencies say they often refer people back to the Department of Business and Professional Regulation.

'The State's Prerogative'

"It would be nice if My Safe Florida Home, when they have all these complaints, would forward them to DBPR," said David Kennedy, Hillsborough County's contractor licensing program coordinator. "This is the state's prerogative. They issued his license. Only they can take it away."

Kennedy said residents can verify whether a contractor is registered to work locally by visiting the county's Web site.

And homeowners can report violations to consumer agencies such as the Better Business Bureau of West Florida. The agency received about 30,000 complaints last year and 1.2 million inquiries, Nalven said.

The agency's Web site shows not only the number of complaints received in the past three years but the types of complaints received and how many, if any, have been resolved.

Nalven said residents need to be smart. They shouldn't be swayed by the lowest estimate.

"That doesn't mean that's necessarily the best contractor," she said. "If it's too good to be true, it's probably too good to be true."

If problems occur, she said, people should contact the business first. If that doesn't work, then call her agency.

"We'll attempt to work with the company for you," Nalven said, "and see if there's anything we can do to bring you two together."

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