MyFloridaCode.com

[Florida Code Talk] License, Insurance & WC requirements
Ken Rodgers Ken at artisanbilt.com
Mon May 10 18:37:43 EDT 2010


I guess I've had the wrong idea about all this all along.  So, Let me get
this straight:

 

1.       Everyone that's in business is technically supposed to have a
business tax receipt but if they don't then nobody really enforces cares

2.       Everyone is supposed to have WC or an exemption but if they don't
then no one cares

3.       Everyone should (not required) have liability but if they don't
then no one cares.  Except if you're licensed under the DBPR and then you
could lose your license, be fined, and/or go to jail.

4.       Everyone should be filing and paying the appropriate taxes and
withholdings but if they don't then no one really cares.

5.       Sooooooo, why am I doing everything by the book.  Oh yeah, so I can
get underbid by all these other guys who are obviously smarter businessmen
than I am.


Ken

 

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of L&H Contracting,
Inc.
Sent: Monday, May 10, 2010 4:39 PM
To: codetalk at myfloridacode.com; Turner Michael
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements

 

Agreed. All Tampa Bay area Counties are pretty strict, Hillsborough,
Pinellas, Pasco and  Hernando. There is a license category for just about
every trade imaginable, right down to painting. >From my experience, from
Citrus County south seems to be the most regulated. I did find that in
Orange county (and not in writing) by speaking to their licensing
department, in order to work in an unregulated category, even as a 2nd tier
sub,  The unlicensed unregulated contractor must have the approval of the
general contractor and the general contractor assumes all the risk for the
work done even if hired by sub contractor. Also, 31 unlicensed contractors
were arrested last month for replying to an ad on Craigslist. here the link:
http://jacksonville.com/news/crime/2010-04-26/story/31-arrested-unlicensed-c
ontractor-bust

 

 

Robert Harvey
L & H Contracting, Inc.

 


----- Original Message ----- 

From: Turner Michael <mailto:mturner at trusthss.com>  

To: Ken Rodgers <mailto:Ken at artisanbilt.com>  ; codetalk at myfloridacode.com 

Sent: Monday, May 10, 2010 3:16 PM

Subject: Re: [Florida Code Talk] License, Insurance & WC requirements

 

Ken, there is not one singular place you can go to find out the rules and
regulations for operating as a contractor legally in FL at the county or
municipality level. There are 67 counties in FL and each county has it's own
set of requirements. Those can range from a very stringent licensing
requirement for almost every trade imaginable as in the case of Pinellas
County to no license or business tax receipt required which is the case in
some of the very rural sparsely populated areas of FL. 

My job with my company is to understand and stay abreast of these
regulations and I can only tell you that you must check regularly with each
county and municipality for the requirements. Some counties have written
code that can be accessed by muni-code, some you can only get the
information by calling and finding out which department handles licensing
and enforcement if it exists at all in the county. I maintain a spread sheet
with all the codes, requirements, and phone contacts. It is proprietary to
our company and is not able to be shared publicly. I have not been able to
find this information published in a singular book or internet form. If it
were I would buy it.

My advice is to get on the phone, the internet, and go visit in person to
find the answers for each county and municipality as it relates to licensing
requirements for specific trades.

 

Michael Turner

 


  _____  


From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Ken Rodgers
Sent: Monday, May 10, 2010 2:42 PM
To: codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements

 

I really appreciate all the inputs on this subject thus far.they've been
very useful.  However, the fact that so far no one has chimed in with a
clear cut answer is somewhat troubling.  So, a tile guy, sheetrock guy, etc
can go and do work in a home for a contractor or homeowner and not have
liability and worker's comp and it's ok????  I would think that most of us
agree it is not but where is it in writing?

 

Many of these types of small jobs do not require a permit and the particular
trades do not fall under DBPR so where's the requirement???

 

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Ken Rodgers
Sent: Sunday, May 09, 2010 12:22 PM
To: codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] License, Insurance & WC requirements

 

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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