DBPR Unlicensed Activity
Awareness Seminar for
Contractors
www.MyFlorida.com/dbpr
www.MyFloridaLicense.com
A Little About the Department
• The Department of Business and Professional Regulation (DBPR)
regulates over 1 million professionals and businesses in Florida
ranging from:
•Hotels and restaurants
•Alcohol and tobacco retailers
•Real estate agents and appraisers
•Certified Public Accountants
•Construction trades
• The department regulates 19 professions and related businesses
through 15 professional boards, 3 department regulated professions
and 1 council.
• The department is dedicated to protecting the health, safety and
welfare of those living in and visiting Florida.
Holmes
Okaloosa
Jackson
Walton
1
Washington
Bay
2
Gadsden
Hamilton
Liberty
Department of
Business and
Professional
Regulation
Suwannee
Wakulla
3
Madison
Leon
Calhoun
Nassau
Jefferson
Baker
Duval
Columbia
Taylor
Gulf
Union
Lafayette
fo
rd
Santa
Rosa
Clay
Br
ad
Escambia
Franklin
St. Johns
Alachua
Gilchrist
4
Dixie
Putnam
Flagler
Levy
Marion
File a complaint against a licensed individual: 850.487.1395
Volusia
Report unlicensed activity:1.866.532.1440
Lake
Citrus
5
Sumte r
Email: ULA@dbpr.state.fl.us
Hernando
Seminole
Orange
Brevard
Pasco
DIVISION OF REGULATION
Director: John Washington
Osceola
gh
sb
or
ou
s
lla
Region 1 - Ft. Walton Beach
Polk
Hi
ll
e
Pin
REGIONAL OFFICES
6
Manatee
Region 6 - Tampa
Indian River
Okeechobee
Hardee
St. Lucie
Highlands
DeSoto
Martin
Sarasota
Region 2 - Tallahassee
Region 7 – Ft. Myers
Charlotte
Glades
8
7
Hendry
Lee
Region 3 - Jacksonville
Region 8 - West Palm Beach
9
Collier
Region 4 - Gainesville
Palm Beach
Broward
Region 9 - Margate
Monroe
10
Dade
Region 5 - Orlando
Region 10 - Miami
sag
Bureau of Unlicensed Activity
Michael Green, Administrator
•
•
Mission: Identify and eliminate the
practice of unlicensed activity through
the coordinated efforts of the
department’s regional offices, local
building departments, other state
agencies, law enforcement agencies,
and the appropriate State Attorney’s
Office.
Objective: Educate the public of the
need to hire only licensed individuals
when licensure is required and to
conduct operations to identify the
practice of unlicensed activity. Once
these practices are identified, the
department will take appropriate steps
to effectively eliminate the activity.
These steps may include the issuance
of a cease and desist order, the
issuance of a citation, or an imposition
of administrative fines.
Enforcement Activities:
• Sweeps -2 per month per office
•
Stings- 2 per year per office
•
Disaster Operations
Education Activities:
•
Public Service Announcements
–
Partnership with Bob Vila
–
PSA collection DVD
•
Unlicensed Activity Web Page
•
Brochures and other Literature
•
Public Speaking Engagements
•
Intergovernmental ties
Complaints last year- 2006-2007
• During the FY 2006-2007 the DBPR received:
• 5,561 Unlicensed activity complaints
• 3,444 of which were found to be legally sufficient
and resulted in further investigation
• Disciplinary Action was taken in 1,207 of these
cases
• Additionally citation were issued in other cases
Enforcement Activities:
Law Enforcement:
Department has gained leverage in our
enforcement efforts by strengthening
partnerships with:
• local code enforcement
• law enforcement,
• state attorneys
• Worker’s Compensation Investigators
• Multi-Agency Task Forces
Proactive Sweeps, Stings &
Consumer Outreach
• Last year 143 sweeps performed for
unlicensed activity statewide
• Last year the 63 consumer outreach
programs were conducted with over
5,000 Floridians attending
Ways DBPR is working to fight
Unlicensed Activity
•
Toll Free Hot-line for consumers and licensees
1.866.532.1440
Email: ula@dbpr.state.fl.us
• Unlicensed Investigators who focus on unlicensed
activities.
• Citation fines for advertising $1,000.
• Citation fines for contracting $2,500.00
• Fines for Unlicensed Contracting-$5,0000 per violation.
• Increase in prosecutions through local State Attorneys.
Medias for Outreach
• Public Service Announcements (PSAs)
• Newspaper articles, editorials,
advertisements
• Billboards
• Website
• Brochures
Public Service Announcements
This year we partnered with Bob Vila. His
web site is linked to the DBPR website.
Public Service Announcements
Brochures
Beware of Construction Con
Artists, Who May:
• Target the elderly and uninformed, or the young and
inexperienced.
• Focus on roofing and remodeling.
• Solicit door-to-door, frequently traveling in unmarked
vehicles.
• Give a post office box address instead of a street address.
•
•
•
•
Demand that you obtain the necessary building permits.
Ask for all or a large portion of the money up front.
Request that payments be made in cash.
Present a local occupational tax certificate as a
“contractor’s license.”
Certified vs. Registered
Contractors
• A Certified contractor is licensed by the state through the DBPR.
Certified contractors may work anywhere in the state and must be
recognized by all local jurisdictions. Discipline is handled by the
department.
• A Registered contractor is licensed by a local licensing board, and
must register the license with DBPR for the license to be valid. A
Registered contractor may work only in the local geographic area
that issued the license, or any adjoining jurisdiction that offers
reciprocity.
• Discipline of registered contractors is handled by the jurisdiction that
issued the license.
Contractor’s License
Who Needs to be Licensed
• Generally, a state Certified or Registered contractor’s
license is required for any structural additions or
remodeling, roofing, air conditioning, plumbing,
electrical/alarm work, pool/spa work, structural aluminum
work, or any job which requires a building permit.
• In addition, many local jurisdictions have additional
licensure requirements for other specialty contractors,
such as pool cleaners, painting, drywall, masonry, tile
and concrete work.
• You can verify local licensure requirements by contacting
your building department.
Finding a Reputable and Reliable
Contractor
• Ask to see the contractor’s registered or certified license. All
state-generated licenses include a wallet card. Verify that
the license you are shown confirms the person’s identity.
• Note the license number and check with the DBPR or your
local building department to verify that the license is current
and active.
• Determine how long the contractor has been in business.
• Ask for references of persons for whom the contractor has
done work and CHECK THEM OUT.
Handymen
• The state of Florida does not license or regulate those calling
themselves a handyman. Therefore a handyman is only
permitted to perform minor repairs and cannot legally perform
any of the work previously mentioned that requires a license.
• When a handyman expands their efforts from minor repairs to
structural repairs or other work they are not authorized to do,
they are entering the area of unlicensed activity and are
subject to prosecution. Unlicensed activity is a misdemeanor
for the first offense and becomes a felony upon the second
offense.
• Be aware that contracts with unlicensed individuals
are unenforceable under Florida law. (FS 489.128)
Occupational License
(Business Tax) NOT A LICENSE
2006-2007 CITY OF _________________ BUSINESS TAX CERTIFICATE
2006-2007
TAX CERTIFICATE EXPIRES AUGUST 31, 2007
DBA:
Woody’s Wood Work
LOCATION
ADDRESS: 21 Main Street
Any Town, FL
32399
Account Number: 568564
Type Code
1
Sub Code:
a
Type Description:
Carpenter
The firm, corporation, organization, business or individual whose name
appears hereon has paid a business tax for the business activities
indicated above, subject to city, state and federal laws. This certificate must
be conspicuously displayed at the location of the business activity. A
change of location from the stated business location on this certificate as
well as a change in ownership requires a transfer.
Local Competency Card, Journeyman Card and
Registered Contractor’s License
We Need Your Help
• Don’t hire unlicensed subcontractors.
• Don’t pull permits for unlicensed persons or
companies.
• Educate Consumers on dangers of hiring
unlicensed contractors.
• Report unlicensed Activity to DBPR and
Local Code Enforcement Boards.
• Encourage Subs to become licensed
specialty contractors.
• Get to Know your local DBPR Staff.
Aiding and Assisting Unlicensed
Contractors
•
FS 489.129(1)(d) - Assisting Unlicensed Person to evade provisions of
Chapter 489
•
FS 489.129(1)(e) FS – Combining and conspiring with unlicensed person or
entity.
•
FS 489.129(1)(f) – Failure to qualify a firm, and/or acting in a name not on
license.
•
All of the above- Up to $5,000 and/ or probation, suspension or revocation.
•
$500 Citation possible in cases with no financial harm.
•
Public Complaint against license.
•
FS 455.2277-The Department or the appropriate board shall report any
criminal violation of any statute relating to the practice of a profession
regulated by the Department or appropriate board to the proper prosecuting
authority for prompt prosecution.
Remind Your Potential Customers:
• Ask to see the contractor’s registered or certified
license. All state-generated licenses include a
wallet card. Verify that the license you are shown
confirms the person’s identity.
• Note the license number and check with the DBPR
or your local building department to verify that the
license is current and active.
• Determine how long the contractor has been in
business.
• Ask for references of persons for whom the
contractor has done work and CHECK THEM OUT.
Owner-Builder Exemption
Section 489.103(7), FS
• If you do not intend to do the work yourself and have been asked by
someone without a contractor’s license to pull the permit, you are at risk of
financial harm both by penalty and injury.
• Section 489.103(7), Florida Statutes states:
– Owners must supervise the work being performed.
– Any person working on your building who is not licensed must be
employed by you, which means that you must deduct F.I.C.A and
withholding tax and provide workers’ compensation for that employee.
– Work is limited to a one or two family residence, farm outbuilding or
commercial property up to $75,000 in total construction costs.
– The property cannot be sold for one year after construction is
completed.
• Not only is it dangerous, but it’s also a crime.
– Section 455.227, Florida Statutes: Any person who knowingly aides,
assists, procures, employs or advises an unlicensed individual can be
charged with a first degree misdemeanor and may face fines of up to
$5,000 for each offense.
Be Sure Contracts Include:
• The contractor’s name, address, telephone number and
professional license number. ($100 Citation possible)
• A detailed description of work to be completed and the quality and
type of materials to be supplied, also known as the job
specifications.
• A complete list of companies or individuals supplying the contractor
with labor or materials.
• The total cost and a payment schedule tied to the completion of
various stages of the project, also know as the draw schedule.
• Any financing information that is required by law or that is part of the
transaction.
Be Sure Contracts Includes (cont’d)
• Any warranty agreements.
• A commencement and completion date.
• All necessary building permits or fees that will be the responsibility
of the contractor. (The person that signs for the permit is responsible
for the completion of the construction.)
• An agreement regarding site cleanup and debris disposal.
• If applicable.-a notice of the consumer’s rights under the Florida
Homeowners’ Construction Recovery Fund for contracts involving
general, residential and building contractors.
Moneys received by contractors
Section 489.126, Florida Statutes•
A contractor who receives, as initial payment more than 10
percent MUST:
1. Apply for permits necessary to do work within 30 days after
the date payment is made.
2. Start the work within 90 days after the date all necessary
permits are issued
Remind your customers of Florida’s
Lien Law (cont’d)
To protect themselves:
• Request a list of all subcontractors and suppliers who
will be providing services or materials to the property
from the contractor.
• Obtain a Release of Lien, which is a written statement
that removes the property from the threat of lien, from
subcontractors and suppliers covering the work
performed and the materials used.
• Before they make the last payment, be sure to obtain an
affidavit from the contractor that specifies all unpaid
parties and ensure that they receive final releases from
these parties.
Report Unlicensed Activity
How to File a Complaint
• Contractors can file an anonymous
complaint against unlicensed persons:
– www.MyFloridaLicense.com
– call 850.487.1395 or contact
– 1.866.532.1440.
– or ULA@dbpr.state.fl.us.
– Fax – 850.921.2124
• Submit all supporting documentation with
your complaint. –advertising speaks for its
self.
Contacting the Department
• The Florida Department of Business and Professional Regulation
provides up-to-the-minute information about all of our licensed
professionals online at www.MyFloridaLicense.com.
• Email ULA@dbpr.state.fl.us
• To verify a license, please call 850.487.1395.
• To report unlicensed activity toll-free, please call 1.866.532.1440.
• Mailing address:
1940 North Monroe Street
Tallahassee, FL 32399