Erick Trivedi Construction Law Blog on Lawyers.com

Florida Department of Business Profesional Regulations and Unlicensed Charges

Monday, February 23, 2009 by Erick Trivedi

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The Florida Department of Business Profesional Regulations (DBPR) has jurisdiction to enforce a myriad of trades and/or profesions which require a license.  Once a cursory investigation (which is usually initiated via an outside complaint) establishes the probability of a violation, a charge/petition is filed with the Administrative Law panel.

Some violations may result in criminal prosecution; for example, such is the case in unlicensed contracting.  Since unlicensed contracting is one of the most commonly monitored activities, I will use that context for my examples. 

As such, where a homeowner brings a lawsuit against an unlicensed contractor, the unlicensed actor maybe liable for upto three times the actual damages and attorney's fees.  Analogous sanctions and legal provisions are likely to exist for several other regulated areas which are not construction related.

Remedies issued by the DBPR range from issuing a Cease and Desist order to $15,000.00 fines and injuctions.

While a first time violation is less serious, multiple violations are usually met with felony charges.

My experience has shown me that in most cases, unlicensed contractors find themselves in these compromising positions when they begin work which is within the scope of their licensure, but accidentally exceed this scope.  The DBPR is no more understanding with this type of defendant than it would be with an otherwise unlicensed individual.

www.trivediandassociates.com

 
Posted at 23:21 PM
Topic: Construction Law
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