Advertising as a Contractor without a License
Section 489.127 describes the prohibitions and penalties for engaging in unlawful actions by acting in the capacity of a contractor under Chapter 489 for REGULATION OF PROFESSIONS AND OCCUPATIONS.
Section 489.127(1) prohibits any person from doing any of the following:
(a) Falsely hold himself or herself or a business organization out as a licensee, certificate holder, or registrant;
(b) Falsely impersonate a certificate holder or registrant;
(c) Present as his or her own the certificate or registration of another;
(d) Knowingly give false or forged evidence to the board or a member thereof;
(e) Use or attempt to use a certificate or registration that has been suspended or revoked;
(f) Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified;
(g) Operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in ss. 489.119 and 489.1195;
(h) Commence or perform work for which a building permit is required pursuant to part IV of chapter 553 without such building permit being in effect; or
(i) Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors.
For Section 489.127 violations, a person or business organization operating on an inactive or suspended certificate or registration is not duly certified or registered and is considered unlicensed.
A business tax receipt issued under the authority of Chapter 205 is not a license for this part.
Attorneys for Unlicensed Contracting in Tampa, FL
If you were charged with a crime for advertising for unlicensed contracting or any related offenses listed in Florida Statute Section 489.127, contact an experienced criminal defense attorney.
Our attorneys represent clients in the construction industry and related fields who deal with license, certification, and registration issues in their industry.
False accusations are not uncommon because law enforcement officers sometimes do not understand the limitations of the statutory scheme.
Not all work requires a license, certification, or registration.
To learn more, contact an attorney at Sammis Law Firm.
Our primary office is in downtown Tampa in Hillsborough County. We also have offices in Clearwater in Pinellas County and New Port Richey in Pasco County, FL.
Call us at 813-250-0500.
Penalties for Unlawful Actions as an Unlicensed Contractor
The penalties for violations of Section 489.127(1) are explained in subsection (2), which provides:
(a) Any unlicensed person who violates any of the provisions of subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any unlicensed person who commits a violation of subsection (1) after having been previously found guilty of such violation commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any unlicensed person who commits a violation of subsection (1) during the existence of a state of emergency declared by executive order of the Governor commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(d) Any person who operates as a pollutant storage systems contractor, precision tank tester, or internal pollutant storage tank lining applicator in violation of subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
The remedies outlined in this subsection are not exclusive and may be imposed in addition to those listed in Section 489.129(2).
Stop-work Order for Unlicensed Work
Under Section 489.127(3), the department may issue a stop-work order for all unlicensed work on a project upon finding probable cause to believe that construction work that requires certification or registration is being performed without a current, valid certificate or registration.
Stop-work orders may be enforced using any cease and desist or other related action by the department as outlined in s. 455.228.
Using Another Contractor’s Certification or Registration Number
Section 489.127(4)(a) prohibits a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, from the following:
“entering into an agreement, oral or written, whereby his or her certification number or registration number is used, or to be used, by a person who” is not certified or registered as provided for in chapter 489, or used, or to be used, by a business organization that is not duly qualified as provided for in this chapter to engage in the business, or act in the capacity, of a contractor.”
Section 489.127(4)(b) prohibits a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, from the following:
“knowingly allowing his or her certification number or registration number to be used” by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor.”
Section 489.127(4)(c) prohibits a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, from the following:
“applying for or obtain a building permit for construction work” unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit.
Keep in mind that Section 489.127(4) violations do not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person “without compensation or to perform work on property that is owned by the contractor.”
The penalties for Section 489.127(4) are explained in subsection (d) as follows:
1. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. A person who violates this subsection after having been previously found guilty of such violation commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
Civil Penalty Code Enforcement Citations
Under Section 489.127(5), each county or municipality may, at its option, designate one or more of its code enforcement officers, as defined in chapter 162.
The designated code enforcement officers enforce the provisions of subsection (1) and Section 489.132(1) against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required.
A code enforcement officer designated under this subsection may issue a citation for any violation of subsection (1) or s. 489.132(1) whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such a violation has occurred.
Under subsection (5)(m), the willful refusal to sign and accept a citation issued by a code enforcement officer is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
If you received a citation issued by a code enforcement officer, we can help you contest the citation.
The maximum civil penalty levied for most violations may not exceed $2,000. After being served with the citation, you must cease the work that allegedly caused the citation.
You only have ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, to request an administrative hearing,
Administrative Hearings on Code Enforcement Citations
The administrative hearing to appeal the issuance of the citation by the code enforcement officer is conducted by the enforcement or licensing board or designated special magistrate.
The administrative hearings must be conducted according to the requirements of ss. 162.07 and 162.08.
You waive your right to an administrative hearing if you fail to appeal the code enforcement officer’s decision before the deadline.
Not requesting an administrative hearing within the allotted time operates as an admission of the violation triggering the imposition of penalties.
If the person issued the citation, or his or her designated representative, shows that the citation is invalid or that the violation has been corrected before appearing before the enforcement or licensing board or designated special magistrate, the enforcement or licensing board or designated special magistrate may dismiss the citation unless the violation is irreparable or irreversible.
Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this subsection.
A person cited for a violation under this subsection is deemed to be charged with a noncriminal infraction.
If the enforcement or licensing board or designated special magistrate finds that a violation exists, the enforcement or licensing board or designated special magistrate may order the violator to pay a civil penalty.
The civil penalty is not less than the amount set forth on the citation but not more than $2,500 per day for each violation.
In determining the amount of the penalty, the enforcement or licensing board or designated special magistrate shall consider the following factors:
- The gravity of the violation;
- Any actions taken by the violator to correct the violation; and
- Any previous violations committed by the violator.
Unauthorized Use of a Contractors License
If someone else uses your contractor’s license without authorization, the code enforcement officer might ask you to complete an affidavit.
You have the right to speak with an attorney before completing the affidavit.
The affidavit for unauthorized use of a contractor’s license asks the following questions:
- What is the name of the affiant and the victim?
- What is the name, address, and phone number of your company?
- What is your position within the company?
- Are you licensed by and/or registered with the State of Florida as a contractor?
- What is your State license and/or restoration number(s)?
- Are you licensed by and/or registered with ________ as a contractor?
- What is your _____ County license and/or certification number(s)?
- What is the name, address, and telephone number of the individual or company using your license number?
- Do you personally know the individual or company that is using your license number? If so, please explain.
- Do you now or have you ever had a working/business relationship with his company/individual? If yes, please explain.
- Have you previously been the qualifier for this company? If yes, please list begin/end dates.
- Have you ever orally agreed to be the qualifier for this company?
- Have you ever given the company/individual authorization to represent your company in this way?
- Have you ever given this company/individual authorization to use your license number for any purpose whatsoever?
- Do you or your company have any affiliation with this company/individual using your license?
- Have you ever pulled permits for this company/individual?
- How did you discover that this company/individual was making unauthorized use of your license number?
- Please give the name, address, and telephone number of the source that informed you.
- Have you ever agreed to be or been qualified for another company/individual, given another company/individual authorization to use your license number, or been affiliated with another company/individual, other than present company and/or the company/individual you are complaining about?
- Is there any other information you consider important or relevant to this complaint?
This article was last updated on Thursday, April 27, 2023.
