You are also at risk for prosecution for aiding and abetting of unlicensed contracting. Along with the potential of such a conviction. What could happen if I hire an unlicensed contractor? · We will not hold you responsible if you unknowingly hire an unlicensed contractor · If you knowingly hire. Criminal defense attorneys for unlawful acts of unlicensed contractors under (1) in Tampa, FL, in undercover sting operations. HOW DO I PLACE A BET IN VEGAS
The qualifying agent has a statutory duty to supervise the contracted work to make sure it is completed in accordance with the applicable building code and up to industry standards. If you are only pulling the permit but not supervising the work, then you are not around to make sure the work in performed properly. Nevertheless, an injured party may have a statutory cause of action against the licensed contractor under Section If an owner approaches you to pull a permit for a job that was started by an unlicensed contractor, you have two legal options: 1 go through the process of becoming the qualifying agent for the unlicensed contractor before pulling the permit and make sure you supervise their work; or 2 have the owner cancel his contract with the unlicensed contractor and contract with you in his place — do not allow the unlicensed contractor to continue performing work under your permit.
The risk is not worth the reward. For more information, see our LinkedIn page. Read more about Christopher M. Electrical Contracting has similar regulations listed in Florida Statute Nevertheless, if an unlicensed contractor is accused of a criminal offense, important defenses exist that could lead to an outright dismissal of the charges. Crimes related to unlicensed contracting and working as an unlicensed electrical contractor can be filed as either a misdemeanor or a felony depending on the circumstances.
Penalties for Unlicensed Contracting Crimes in Florida The criminal penalties for crimes related to being an unlicensed contractor are not exclusive. Other penalties can be imposed under Florida Statute Section As a matter of state policy, the Florida Legislature has imposed a substantial penalty on the unlicensed contractor as the wrongdoer with regard to a construction contract.
For instance, under the amended section Earth Trades, Inc. A second offense is punishable as a felony of the third degree, punishable as provided in s. The criminal offense can also be prosecuted as a third-degree felony if the person operates as an internal pollutant storage tank lining applicator, precision tank tester, or pollutant storage systems contractor. The bill amends s.
If the legislation becomes law, then effective October 1, , the bill creates a tiered penalty structure for such penalties, increasing in severity with the contract price. This paragraph does 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 a property that is owned by the contractor. Common Defenses to Unlicensed Contracting Crimes A criminal defense attorney can help you assert any defenses to Section If the evidence is insufficient to support the charges, the criminal defense attorney can file and litigate a motion to dismiss the charges entirely.
The most common defense asserted in these cases is that a license is not required. Florida law also provides for several different types of exemptions that apply to crime prosecuted under Chapter where the business or individual is not required to have a contracting license.
Compliance with the statutory scheme is complicated by the fact that when the contract is first signed, the business organization is not able to actually ensure compliance with the permitting and supervision requirements of chapter with respect to the project.
This inability to ensure compliance occurs because a contractor is prohibited from even applying for a building permit until after the contract is in effect. See Taylor Morrison Services, Inc. Ecos, So. Restitution for Crimes of Contracting Without a License In addition to the criminal penalties that can be imposed by the court, the court also has wide discretion to award restitution after a restitution hearing.
One purpose of the statute criminalizing unlicensed contracting is to ensure that certain contractors meet minimum levels of competence. See Bianchini v. State, 77 So. The complaining witness in the case often seeks out a criminal investigation as a way to recoup money damages. As a result, the restitution amount requested is often much higher than it should be. If you enter a plea to the charge then you are entitled to a restitution hearing in court. State, So. State, 46 So.
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