MyFloridaCode.com

Actually somebody does care about 1,2 and 4 but they only check on a small percentage each year and only if they have employees.  How they catch ones that aren't following the rules is when they lay off an employee and he tries to collect unemployment and it turns out that his ex-boss never reported it to the state unemployment fund.  

glen mast
MAST DRAFTING AND DESIGN
  ----- Original Message ----- 
  From: Ken Rodgers 
  To: codetalk at myfloridacode.com 
  Sent: Monday, May 10, 2010 6:37 PM
  Subject: Re: [Florida Code Talk] License, Insurance & WC requirements


  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-contractor-bust

   

   

  Robert Harvey
  L & H Contracting, Inc.

   


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

    From: Turner Michael 

    To: Ken Rodgers ; 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

     


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    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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