MyFloridaCode.com

Thank-you Wade for clarifying. The same applies to an unlicensed  
contractor, provided the local government has no classification of that license,  
like tile work. This is not the same as an unlicensed activity.
 
Tom Ricci
954-214-4448
 
 
 
In a message dated 5/10/2010 2:28:37 P.M. Eastern Daylight Time,  
wlm754 at msn.com writes:

I know  this is not directley answering the original question asked, but I 
did want to  address Tom's comments.

The 2003 Florida Legialture amended  F.S.S. 489, and the 2005 Florida 
Legislature ameneded F.S.S. 713.02 tp  provide that those supplying labor, 
services, or materials to an unlicenseced  contractor may still enforce their 
contract, lien, or bond remedies. See  sections 489.128(3), 498.532(3), and 
713.02(7). Thus, subcontractors and  material suppliers in contract with an 
unlicensed contractor can enforce liens  and payment bonds.

Wade Mullins
Quality Precast  Co.


 
____________________________________
From: WR290 at aol.com
Date: Sun, 9 May 2010 14:06:43 -0400
To:  Ken at artisanbilt.com; codetalk at myfloridacode.com
Subject: Re: [Florida Code  Talk] License, Insurance & WC requirements


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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