Florida/Georgia Personal Injury & Workers Compensation

...Selective Structures was not a licensed building contractor in the state of Florida. The licensed general contractor here, Richard Nation, did not have the ability, under Chapter 489 of the Florida Statutes, to submit the sign permit applications in the name of an unlicensed contractor. See § 489.127(4)(a) (“A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not enter into an agreement, oral or written, whereby his or her certification number or registrati...

...tive date of July 1, 2000), Laws of Fla. [2] *1215 The provisions of section 489.128 concerning the enforcement of contractual rights under construction contracts performed or entered into by unlicensed contractors should be viewed in the context of section 489.127(1)(f), Florida Statutes (1999), which makes it a crime for any person to "[e]ngage in the business or act in the capacity of a contractor ......

...Accordingly, we reverse with directions that the trial court address the issue of the illegality of the contract. REVERSED AND REMANDED. SHARP, W. and THOMPSON, JJ., concur. NOTES [1] See § 489.111, Fla. Stat. (2004). [2] Certain violations of these statutes are punishable as crimes. See § 489.127, Fla....

...ructure, including related improvements to real estate, for others or for resale to others. Finally, section 489.113(2), Florida Statutes (1979), prohibits any person who is not licensed from engaging in the business of contracting in this state and section 489.127, Florida Statutes (1979), makes it a misdemeanor to engage in business or act as a contractor without being duly registered or certified....

...and grand theft against defendant, Dirk Summerlot. We reverse. The state charged Summerlot by information with: 1) organized fraud in violation of section 817.034(4)(a)1, Florida Statutes (1991), and 2) contracting without a license in violation of section 489.127(1)(a) and (f), Florida Statutes (1991)....

...air the house of the alleged victims, Janet and Dan McGuire. In July of 1996, the trial court held a hearing on the motion and ruled that it would dismiss the contracting without a license count, finding that Summerlot was "certified" as provided by section 489.127....

...ense and grand theft, where Summerlot misrepresented the status of his contractor certificate. The trial court found that the state could not prove that Summerlot contracted without a license, as he was certified as defined by section 489.105(8) and section 489.127(1), Florida Statutes (1991), which did not specify that his certificate must be active. Summerlot correctly asserted at oral argument that section 489.127(1), Florida Statutes, was amended in 1994 to add a paragraph stating: For purposes of this subsection, a person or business organization operating on an inactive or suspended certificate or registration, or operating beyond the scope of work or geographical scope of the registration, is not duly certified or registered. Ch. 94-119, § 264, Laws of Fla. However, the addition of this clarification does not render section 489.127 inapplicable in this case. The section 489.127 prohibitions against a person falsely holding him or herself out as a certificate holder or acting in the capacity of a certified contractor presuppose that the certification is valid or active. Summerlot was properly charged with a violation of section 489.127(1)(a) or (1)(f) where his certificate of competence as a certified building contractor was issued with a letter indicating that it was inactive....

...icense. See Iglesias v. State, 676 So.2d 75, 76 (Fla. 3d DCA 1996)(trial court improperly dismissed grand theft charge where defendant misrepresented that he was a licensed contractor). Furthermore, the technical requirements of sections 489.105 and 489.127(1) regarding contracting without a license are not dispositive of Summerlot's motion to dismiss the grand theft charge in this case....

...re as required by Fla.R.Crim.P. 3.701. We affirm. Appellant on November 22, 1985 pled nolo contendere to five counts of grand theft, in violation of section 812.014, Florida Statutes, and five counts of contracting without a license, in violation of section 489.127, Florida Statutes....

...Third, section 489.129 creates a "disciplinary proceeding" rather than a criminal proceeding. Finally, chapter 489 does contain statutory provisions establishing criminal penalties for some conduct, but not for the conduct charged in the administrative complaint. See § 489.127, Fla....

...la. Stat. §§ 455.201 and 489.101 are sufficient. Further, it cannot be ignored that what the Legislature seeks to address in § 489.128(1), the performance of unlicensed contractor work in Florida, is also a crime under Florida law. See Fla. Stat. § 489.127....

...§ 455.228(1)-(2), Fla. Stat. (2005). This fact, however, means only that T & G is also a wrongdoer. Petitioners fail to mention that unlicensed contracting is a crime for which a first offense is a first-degree misdemeanor and a second is a third-degree felony. § 489.127(1)-(2), Fla....

...This certificate of nonlicensure was prima facie proof that no certificate had been issued. See Terranova v. State, 474 So.2d 1206 (Fla. 2d DCA 1985); see also section 90.803(10), Florida Statutes (1989). The statute requires that a business be duly certified before it engages in the contracting business, section 489.127(1)(f), Florida Statutes (1989)....

permit until qfter the contract is in effect. See § 489.127(4)(c), Fla. Stat. (2003) (prohibiting a contractor

...from the contractor stating that a certification number is not required. Ordinance 86-36 supplements provisions of State and County law which prohibit uncertified contractors from advertising or otherwise holding themselves out as contractors, F.S. § 489.127(1)(a); Broward County Code § 9-23(a), and which require that certified contractors include their certification numbers when advertising their services, F.S....

...bligation. Thus, the trial court did not increase Speer’s sentence. It simply made complete the incomplete sentence that had been imposed at the earlier hearing. AFFIRMED. MONACO, C.J. and JACOBUS, J., concur. . § 817.568(2), Fla. Stat. (2007). . § 489.127(1)(f), Fla....

...ere null, void, and unenforceable in that RTM allowed another party, DeVore and Associates, to use its contractor's license in conjunction with the Riverwalk construction project in violation of a Florida statute which criminalizes such conduct. See § 489.127(4)(b), Fla....

...RTM, a "certified or registered contractor," performed none of the construction work on Riverwalk's property and instead knowingly allowed DeVore and Associates to use RTM's construction license in the performance of all the services and work associated with the Riverwalk project. See § 489.127(4)(b), Fla....

...Neither DeVore nor DeVore and Associates was RTM's employee or subcontractor. Neither DeVore nor DeVore and Associates was registered, certified, or qualified to "engage in the business, or act in the capacity of, a contractor" at the time RTM allowed them to use its license. See id. Thus, RTM violated section 489.127(4)(b), a violation of which can result in criminal penalties, when it knowingly allowed DeVore or DeVore and Associates to use its certification or registration number. The pertinent inquiry concerns not DeVore's violations, but rather RTM's violations. DeVore's subsequent licensure, which arguably cured DeVore's violation of section 489.128, Florida Statutes (1997), did not cure RTM's violation of section 489.127(4)....

...Central Florida Lumber suggests three reasons Judge Arnold's ruling is erroneous: (1) section 489.128, which renders a contract unenforceable because the contractor is unlicensed, cannot be applied to void the contract so as to preclude workers' compensation immunity under section 440.11(1); (2) section 489.127(1)(f), which criminalizes contracting without a certificate of authority, cannot be applied to void the contract so as to preclude workers' compensation immunity under section 440.11(1); and (3) the doctrines of res judicata and colla...

...(b) and is not a right that arises from the terms of the contract. Thus, the issue of whether the contractor is precluded from enforcing the contract has no bearing on the issue of whether the contractor is a statutory employer under chapter 440. B. Section 489.127(1)(f) Section 489.127(1)(f), Florida Statutes (1999), makes it a first-degree misdemeanor *771 to engage in business as a contractor without a license. Contracts entered into by an unlicensed contractor have been declared illegal or void because they violate section 489.127....

...We note that we do not find this argument anywhere in the appendices before this court, and we question whether it is preserved for review. Regardless, for the same reasons that the operation of section 489.128 does not preclude the application of workers' compensation immunity, the operation of section 489.127 does not. That is, while Central Florida Lumber's unlicensed status may render its contracts illegal, the contracts are only illegal if the unlicensed contractor is attempting to enforce them. The fact that the contractor acted in violation of section 489.127 does not extinguish the contractor/subcontractor relationship that provides for the application of workers' compensation immunity....

...(2013), one count of fraudulent use of a credit card, see § 817.61, two counts of theft from a person sixty-five years of age or older, see § 812.0145, Fla. Stat. (2013), one count of petit theft, see § 812.014, and one count of contracting without a license, see § 489.127, Fla....

...Primary responsibility for the discipline of certified contractors is vested in the Construction Industry Licensing Board, pursuant to s. 489.129 , F.S. However, local governments have certain specified powers for disciplining such contractors pursuant to ss. 489.113 (4), and 489.127 , F.S. In addition, violation of s. 489.127 (1), F.S., is a crime which is prosecutable by the State Attorney....

...ute are noncriminal infractions and a fine not to exceed $500 may be imposed. Continuing or repeated violations may result in a fine not to exceed $250 for each day the violation continues or for each time the violation has been repeated. 7 Finally, s. 489.127 (2), F.S., prescribes criminal penalties 8 for any violation of the prohibitions contained in s. 489.127 (1), F.S., which states that no person shall: (a) Falsely hold himself or a business organization out as a licensee, certificateholder, or registrant; (b) Falsely impersonate a certificateholder or registrant; (c) Present as his own the ce...

...has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. Registered contractors may contract only in such jurisdictions." 5 Sections 489.101 and 489.107 , F.S. 6 Section 489.127 (1)(f) and (3), F.S. 7 Section 489.127 (3)(e), F.S....

approval, however, indicating such intent. 7 Section 489.127(2), F.S. (1990 Supp.), provides that any person

...Selective Structures was not a licensed building contractor in the state of Florida. The licensed general contractor here, Richard Nation, did not have the ability, under Chapter 489 of the Florida Statutes, to submit the sign permit applications in the name of an unlicensed contractor. See § 489.127(4)(a) (“A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not enter into an agreement, oral or written, whereby his or her certification number or registration...

...Mora argues that the prosecution was not commenced within the statute of limitations because the State failed to execute process without unreasonable delay. We agree and grant the petition. On July 22, 2008, Mora was arrested for three misdemeanor counts of contracting without a license. § 489.127(2)(a), Fla. Stat. (2008). On September 11, 2008, the State filed a single third-degree felony charge, which alleged that Mora had previously been convicted for the same offense. § 489.127(2)(b), Fla....

F.S. (1992 Supp.). 14 Section 489.127(1), F.S. (1992 Supp.). 15 Section 489.127(2), F.S. (1992 Supp.)

...Moreover, accepting the assertion that Bradford was Appellant’s qualifying agent despite his failure to apply would render meaningless the statutory provisions prohibiting business organizations from engaging in contracting without being certified or registered, id. § 489.127(1)(f), as well as those prohibiting a certified or registered contractor from allowing an unqualified business organization to use their individual certification or registration number to engage in contracting, id. § 489.127(4)....

...Furthermore, it is questionable whether GMRI could have successfully brought an action against Boatwright if Boatwright had failed to properly perform its contractual obligations. See, e.g., Castro v. Sangles, 637 So.2d 989 (Fla. 3d DCA 1994). Boatwright’s initial contract with Tarr was also illegal and unenforceable. See § 489.127(4)(a) and (b), Fla....

...activity[.]”); § 489.105(6), Fla. Stat. (2024) (“‘Contracting’ means . . . engaging in business as a contractor. . . . The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting.”); § 489.127(1)(c), Fla....

...The State appeals the trial court’s order dismissing two counts of a five-count information. Count three charged Edward Cook with unlicensed roofing contracting; count five charged Mr. Cook with unlicensed plumbing contracting. The State *1014 charged both counts as felonies under section 489.127(2)(b), Florida Statutes (2001), because Mr. Cook previously was found guilty of unlicensed residential contracting. Adjudication was withheld on that charge. The trial court found section 489.127(2)(b) ambiguous....

...Therefore, applying the rule of lenity, 1 it found that counts three and five could not stand as felonies because Mr. Cook’s prior no contest plea was not for the exact same offenses of unlicensed roofing contracting and unlicensed plumbing contracting. The State contends that the language of section 489.127(2)(b) is clear and unambiguous....

...means, knowledge, and skill to install, maintain, repair, alter, extend, or, when not prohibited by law, design plumbing. ... Each category of contractor described above falls within the broader definition of “contractor” in section 489.105(3). Section 489.127(l)(f), under which the State proceeded against Mr....

...n makes no distinction among the contractor categories defined in Divisions I and II of section 489.105(3). Here, the State charged the present counts of unlicensed contracting as felonies because of Mr. Cook’s prior unlicensed contractor offense. Section 489.127(2)(b) provides: Any unlicensed person who commits a violation of subsection (1) [of section 489.127] after having been previously found guilty of such violation commits a felony of the third degree.......

...In other words, the trial court concluded that to be subject to a felony charge for either unlicensed roofing or unlicensed plumbing contracting, Mr. Cook would have had to have been found guilty previously of each of those specific offenses. The “such violation” language in section 489.127(2)(b) creates no ambiguity warranting application of the rule of lenity. Section 489.127(l)(f), under which Mr....

...5(3) is sufficient to warrant the felony charges. 2 Additionally, Mr. Cook argued below and argues on appeal that the withholding of adjudication on his prior offense of unlicensed residential contracting does not constitute a prior conviction under section 489.127(2)(b)....

...One purpose of the statute criminalizing unlicensed contracting is to ensure that certain contractors meet minimum levels of competence. 2 Deficient workmanship on the contracted job is “related” to the offense of contracting without a license. Reversed. MAY, C.J., and WARNER, J., concur. . See § 489.127(l)(f), (2)(a), Fla....

...Homeowner cited in the summary judgment motion was section 7-20, which provides: Any person who commits an act prohibited by section 7-17 of this article may be charged with a first degree misdemeanor and may be punished accordingly. In accordance with the F.S. section 489.127, any unlicensed person who commits a violation of subsection 7-17(a) of this article, after having been found previously guilty of such violation, commits a felony of the third degree. In accordance with F.S. section 489.127, any person who refuses to accept a citation commits a second degree misdemeanor. Palm Beach County Code, § 7-20 (Nov....

...30, 2018). The Homeowner also filed a copy of Palm Beach County Ordinance 97- 56, which was incorporated into the county code in 1997. Ordinance 97- 56 granted the county certification board (or a special master) with authority to “assess fines as set forth in Fla. Stat. § 489.127 and the Special Act.” (emphasis added)....

...ed under the contract, the individual performing that work is not considered unlicensed.” § 489.128(1)(a), Fla. Stat. (emphasis added). More importantly, section 489.128 contains no provisions permitting local entities to enforce this remedy. Section 489.127, Florida Statutes (2018), in contrast, provides remedies for contractors who “[e]ngage in the business or act in the capacity of a contractor . . . without being duly registered or certified [as 4 competent.]” § 489.127(1)(f), Fla. Stat. (emphasis added). The remedies are mostly criminal penalties. § 489.127(2)-(6), Fla. Stat. Notably, no language in section 489.127 refers to section 489.128. Section 489.127 provides a much broader remedy than section 489.128, in that section 489.127 specifically permits local entities to enforce its provisions: Each county or municipality may, at its option, designate one or more of its code enforcement officers ....

...to enforce, as set out in this subsection, the provisions of subsection (1) and s. 489.132(1) against persons who engage in activity for which a county or municipal certificate of competency or [state] license or state certification or registration is required. § 489.127(5), Fla. Stat. (emphasis added). 1 Again, it is notable that no language in section 489.127 refers to section 489.128. Importantly, section 489.127 makes clear that the grant of power to local entities is limited to the section 489.127 remedies, not chapter 489 in general. Thus, chapter 489 provides separate and exclusive remedies against (1) contractors failing to hold state licenses when required, and (2) contractors that are not “registered or certified” when required....

...489 against those individuals and/or entities that are required to hold a certificate of competency as issued by the county.” The ordinance’s actual text is much narrower: it grants a local administrative board the authority to “assess fines as set forth in Fla. Stat. § 489.127 and the Special Act.” Id. (emphasis added). The ordinance does not otherwise incorporate the penalties provided in chapter 489. Id. The trial court’s error apparently stems from the failure to recognize that sections 489.127 and 489.128 are wholly separate statutory schemes. When the two statutes are read together, it is clear the remedies for the asserted contractor competency violations stem from section 489.127, and not section 489.128....

cost of $25,000 or less. AS TO QUESTION 2: Section 489.127(1)(f), F.S., prohibits any person from engaging

...urt from ordering restitution if the damage or loss the defendant caused exceeded a certain amount. 3  Here, the State charged Mr. Knowles with one count of unlicensed contracting—a misdemeanor under section 489.127(2)(a), Florida Statutes (2023)....

...urt from ordering restitution if the damage or loss the defendant caused exceeded a certain amount. 3  Here, the State charged Mr. Knowles with one count of unlicensed contracting—a misdemeanor under section 489.127(2)(a), Florida Statutes (2023)....

hearing officer concluded Godwin violated Section 489.-127(l)(d), Florida Statutes, and thereby Section

...In Florida, certain contractors, such as roofing contractors, are required to obtain state certification and licensure. § 489.105(3), Fla. Stat. (2020). The failure to obtain a license may have adverse consequences for the contractor performing the work, including criminal penalties. § 489.127(2)(a), Fla....

...ed to regulate agents who sell roofing services on behalf of a licensed contractor. As such, we are likewise unpersuaded by Marlin’s suggestion that its salesperson engaged in criminal 9 activity under section 489.127 by selling its roofing services....