Hiring a contractor in Florida requires careful attention to licensure. Florida law strictly regulates contractors to protect consumers and ensure safety. This includes penalties and legal implications when dealing with unlicensed contractors.

Licensing Requirements for Contractors in Florida

In Florida, contractors must be properly licensed, certified, or registered by the Florida Department of Business and Professional Regulation (DBPR) to legally perform construction, home improvement, electrical, plumbing, roofing, or similar work. Work performed by unlicensed contractors is generally illegal under Florida Statutes Sections 489.127 and 489.128.

Legal Consequences of Hiring an Unlicensed Contractor

• Unenforceable Contracts: Florida Statute 489.128 provides that contracts entered into by unlicensed contractors are unenforceable by either party. This means homeowners generally cannot be compelled to pay an unlicensed contractor nor can the contractor enforce payment. The statute states that only the unlicensed contractor has no enforceable contract or lien rights.
• No Obligation to Pay: Because the contract is unenforceable, a homeowner is generally not legally obligated to pay an unlicensed contractor for the work performed.
• Potential Liability: If an unlicensed contractor causes injury or property damage during their work, the homeowner could still be held liable for resulting damages or injuries under general tort principles.
• Risk of Fines and Civil Penalties: Homeowners who knowingly hire unlicensed contractors may face civil penalties or fines imposed by the DBPR, which can be up to thousands of dollars under sections 455.228 and 489.13.
• Payment to Subcontractors and Suppliers: Although the contract with the unlicensed contractor is unenforceable, homeowners may still have to pay subcontractors or suppliers who have valid claims or liens to avoid jeopardizing their property.

Recovering Money Paid to an Unlicensed Contractor

If a homeowner already paid an unlicensed contractor, there are legal avenues to recover those funds:

• Claims for Unjust Enrichment/Quantum Meruit: Courts may allow homeowners to recover payments under the theory that the contractor should not retain payments without legal right or proper licensure.
• Civil Litigation: Homeowners can sue for breach of contract, fraud, or damages related to defective or incomplete work.
• Complaints to Regulatory Agencies: Filing complaints with DBPR may lead to administrative penalties or assist in fund recovery.

Criminal Penalties for Unlicensed Contracting

Florida Statute 489.127 criminalizes unlicensed contracting. A first offense is a first-degree misdemeanor, punishable by up to 1 year in jail and/or a $1,000 fine. Repeat offenses or violations during state emergencies can be felonies with harsher penalties.

Relevant Statutes and Case Law

• Florida Statute § 489.127 — Prohibitions against unlicensed contracting and associated penalties.
• Florida Statute § 489.128 — Contracts entered into by unlicensed contractors unenforceable.
• Florida Statute § 455.228 — Authority for stop-work orders and cease-and-desist for unlicensed activity.
• Florida Statute § 489.13 — Civil penalties for violations.
• Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013) — Case confirming unenforceability of contracts with unlicensed contractors.

Frequently Asked Questions (FAQs)

Q: Can I legally hire an unlicensed contractor in Florida?
A: No. Florida law prohibits hiring contractors who are not properly licensed for regulated work. Doing so can lead to penalties and legal risks. See § 489.127, Fla. Stat..

Q: Am I required to pay an unlicensed contractor?
A: Generally no. Contracts with unlicensed contractors are void and unenforceable under § 489.128, Fla. Stat., so homeowners typically do not have to pay.

Q: What if I already paid an unlicensed contractor? Can I get my money back?
A: Possibly. The law allows homeowners to seek recovery through claims such as unjust enrichment. Consulting a lawyer is recommended.

Q: What penalties can an unlicensed contractor face?
A: Under § 489.127, first offenses are misdemeanors with up to 1 year imprisonment and a $1,000 fine; repeat offenses or violations during emergencies can be felonies.

Q: Can an unlicensed contractor enforce a lien on my property?
A: No. Typically, unlicensed contractors have no lien or contract enforcement rights under Florida law.

 

Contact a Florida Construction Lawyer

If you or a loved one was injured due to actions of an unlicensed contractor, don’t pursue the contractor alone. Our experienced attorneys are here to protect your rights and fight for the full compensation you deserve.

Call us today for a free consultation or send us a message through our Contact page and we’ll contact you promptly.

Official references:
https://law.justia.com/codes/florida/title-xxxii/chapter-489/part-i/section-489-128/
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0489/Sections/0489.127.html
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0489/Sections/0489.128.html
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0489/Sections/0489.13.html