MyFloridaCode.com

Depending how the court will look at it that is true. Some cases that  have 
been made. One that comes to mind is Poole Kent v Gusi .......  Poole  Kent 
tried to screw over a contractor for 700,000.00 , because Gusi lack the  
proper license for a short time. The court denied Poole Kents   motion.  One 
of the 3 issues were missing in that case. 
 
Tom Ricci
 
 
 
 
 
In a message dated 5/10/2010 8:55:40 P.M. Eastern Daylight Time,  
Ken at artisanbilt.com writes:

 
Tom, 
Can you clarify what you meant below by,  “if one of the 3 are missing  
then the lien rights are forfeited.” 
Thanks, 
Ken 
 
 
From:  codetalk-bounces at myfloridacode.com 
[mailto:codetalk-bounces at myfloridacode.com]  On Behalf Of WR290 at aol.com
Sent: Monday, May 10, 2010 7:40  PM
To: wlm754 at msn.com; ken at artisanbilt.com;  codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] License,  Insurance & WC requirements

 
 
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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