Contracting Without a License in the State of Florida
Does Your Profession Require a License?
By definition, a contractor is any person or company who provides labor or materials to perform a job that includes the repair, alteration, addition, improvement, removal, or demolishing of a building or other structure. In the State of Florida, it is required for a person involved in the business of contracting to be licensed, registered, or certified for the areas specific to the scope of work being performed.
Some of these areas include:
Any permanent roofing repairs/construction to a structure must be done by a licensed roofing contractor.
A license is required for any contractor to perform plumbing jobs that require a permit or exceed $1,000 in total for the job.
All repairs and installations of electrical components that are or will be built into a structure must be completed by a licensed electrical contractor.
Most remodeling and major improvement projects require a contractor to be licensed for this type of work.
Any major repairs, replacements, or installations of heating, ventilation, or air conditioning units must be performed by a licensed contractor.
According to Section 489.128, Florida Statutes, a contractor who performs unlicensed work does not have an enforceable contract, and therefore, has no right to a lien or bond claim for labor, services or materials rendered. If you have been charged with unlicensed contracting and are in need of legal assistance, it is highly recommended to seek the council of a professional and experienced Tampa construction attorney immediately.
Penalties for Contracting Without a License
Trent Cotney, a construction attorney in Tampa understands the effects that a charge of contracting without a license can have on a contractor and their business. The penalties associated with contracting without a license in Florida can have a detrimental impact on both the personal and professional lives of a contractor.
These penalties include:
- Unlicensed contracting first offense violations may be charged as first degree misdemeanors, which are punishable up to one year in a county jail and up to a $1,000 fine in addition to restitution and administrative fees.
- Second offenses, violations of unlicensed contracting activities during a state of emergency declared by the Governor, or violations of unlicensed pollutant storage systems contracting may be charged as third degree felonies, which are punishable up to five years imprisonment and up to a $5,000 fine plus restitution and administrative fees.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.