In Florida, unlicensed contracting is a crime for which a first offense is a first-degree misdemeanor and a second is a third-degree felony.§489.127(2)a-b, Fla.Stat.In addition, the Florida Department of Business and Professional Regulation may impose a fine of$10,000on any person found guilty of unlicensed contracting.§489.13(3), Fla.Stat.
Florida Statute489.128provides that"contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor."
Furthermore, "no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto."The Florida Supreme Court has further stated"...the Legislature has imposed a substantial penalty on the unlicensed contractor as the wrongdoer with regard to a construction contract. Under the amended section489.128,
the unlicensed contractor has no rights or remedies for the enforcement of the contract."-See Earth Trades,Inc.v.T&G Corp.
Questions:
1. Do you believe that unlicensed contracting should be considered a crime? What, if any, the punishment should be enforced against"handymen" acting as contractors?
2. Do you think that all persons(working for themselves)or businesses doing construction work should be required to be licensed as contractors regardless of the dollar amount of the work performed?