MyFloridaCode.com

[Florida Code Talk] License, Insurance & WC requirements (Ken Rodgers)
George Ebersold ebersold1 at cfl.rr.com
Mon May 10 13:19:10 EDT 2010


I think each County is different on who and what trades they regulate. Here
in Orange County (as far as I know) all you need to install tile, carpet,
drywall, drywall repairs, painting, etc. you need a Tax Stamp Receipt
(occupational License). I am not sure if they require any type of insurance
or exemption. I would assume if they get the Tax Stamp Receipt there are
some other requirements but not sure what they are.    

I am having the same problem in Orlando and I am sure the entire state is
experiencing the same thing. I have found that most of the "unlicensed and
uninsured" are advertising on Craig's List under "skilled services". 
I suggest that if you and some of your fellow licensed friendly competitors
make it a point to go on Craig's List everyday and peruse that section and
flag the people you know are not licensed. It take 6 to 10 different people
to flag an ad and them Craig's list will remove the ad. Also you can post
your own ads to warn consumers of the dangers of hiring these people. Here
in Orlando someone has figured out how to flag ads quickly but with several
of us posting and flagging the unlicensed we are making a difference. Also
find out who is your local DBPR rep and forward ads to them so they can
contact these people and let them know they are being watched.

Here are some examples of ads some of us post: 
http://orlando.craigslist.org/sks/1731830416.html
http://orlando.craigslist.org/sks/1732187343.html
http://orlando.craigslist.org/sks/1733110967.html


Regards, 

George Ebersold
CFRSA Information Officer 
FRSA Affiliate Council (Co-Chair)
General Manager 
Tom Tanenbaum Inc. 
425 Fairvilla Road 
Orlando, Florida 32808
Office 407-841-6471
Fax 407-426-7143
Cell -321-689-8300
www.tanenbaumroofing.com  
www.cfrsa.org  
www.floridaroof.com  
 
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Today's Topics:

   1. Re: License, Insurance & WC requirements (Ken Rodgers)
   2. Re: License, Insurance & WC requirements (WR290 at aol.com)


----------------------------------------------------------------------

Message: 1
Date: Sun, 9 May 2010 12:21:45 -0500
From: "Ken Rodgers" <Ken at artisanbilt.com>
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements
To: <codetalk at myfloridacode.com>
Message-ID: <000601caef9c$19cafaf0$4d60f0d0$@com>
Content-Type: text/plain; charset="us-ascii"

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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Message: 2
Date: Sun, 9 May 2010 14:06:43 EDT
From: WR290 at aol.com
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements
To: Ken at artisanbilt.com, codetalk at myfloridacode.com
Message-ID: <121a6.14ecd450.391853b3 at aol.com>
Content-Type: text/plain; charset="utf-8"

 
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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