MyFloridaCode.com

[Florida Code Talk] License, Insurance & WC requirements
WR290 at aol.com WR290 at aol.com
Sun May 9 14:06:43 EDT 2010


 
Ken
 
If the discipline,  is not under DBPR and is not covered as a local  county 
licensing requirement as in Orange county ( Orlando ) , but the  
entitie/person does have a business tax receipt as doing business legally in  that 
county, then there lien rights are OK. If one of the 3 are missing then the  
lien rights are forfieted.
 
Tom Ricci
 
 
 
In a message dated 5/9/2010 1:23:22 P.M. Eastern Daylight Time,  
Ken at artisanbilt.com writes:

 
Thanks for all the great  inputs on this subject thus far.  However, I’m 
specifically looking for  info regarding those trades that are NOT covered 
under the DBPR.  In my  example below, the tile guy is not governed under DBPR. 
 So, I’m looking  for specific information on the repercussions of, for 
example, a tile guy  working without insurance (or WC or a tax receipt)?  I 
know that if I  cannot produce evidence of WC and liability for each of my subs 
when I get my  insurance audit each year then I am charged for carrying 
them on my  policy.  If that’s the case then there should be something in 
writing  somewhere that says you have to have liability, WC, etc to do this type 
of  work even though they don’t fall under the DBPR. 
 
 
From:  codetalk-bounces at myfloridacode.com 
[mailto:codetalk-bounces at myfloridacode.com]  On Behalf Of Ken Rodgers
Sent: Thursday, May 06, 2010 7:20  PM
To: codetalk at myfloridacode.com
Subject: [Florida Code  Talk] License, Insurance & WC  requirements

Evening all, 
It seems like recently there are a lot more guys out  there doing work 
without a license, insurance and worker’s comp (insurance or  exemption).  For 
clarification, when I say license I’m mainly referring  to the local business 
tax receipt.  Many of these guys know full well  they are operating 
illegally but some seem to think that as long as they are  working for “just a 
homeowner” they don’t need some or all of these.   I’ve heard things like, “I’
m just going at my own risk” with regards to not  having insurance.  One guy 
I ran into recently who was laying tile tried  to say that Walton County 
doesn’t require any of that.  He tried to  justify it by saying he was 
performing a “service” in just repairing their  tile.  He said they already had 
tile and he was just replacing it with  new tile, he wasn’t really doing 
anything construction related (I tried really  hard to hold back the laughter).  
There are just a lot of guys out there  that are, in my opinion, operating 
completely illegally.  Not only are  they endangering themselves and the 
homeowner by not having liability  insurance but they are not paying for worker’
s comp and probably not reporting  income and thus paying taxes.  All this 
adds up to their ability to  undercut those of us who have all this and have 
to make enough to pay for  it. 
So, my question is where can I find the best info on  all the requirements 
for doing business, specifically in the construction  field.  I know guys 
doing tile and such are not licensed per se like a  general contractor, 
electrician, plumber, etc but they still have requirements  right?  And what are 
the penalties for operating in this manner.   Also, is there any penalty for 
a homeowner or contractor who hires these  types?  It is my understanding 
that if a homeowner hires an unlicensed,  uninsured person then they are 
required to withhold the appropriate taxes and  carry appropriate insurance.  If 
so, where can I find info on this?   I’d just like to have something in 
writing that I can give to these guys (and  homeowners) to “educate” them on 
the requirements. 
Thanks, 
Ken  Rodgers 
ArtisanBilt  Construction 



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