Contracting Without a License: Defense in Miami

Many people charged with this crime are skilled tradespeople who have done the work for years. They may have worked under someone else's license, let a license go inactive, or never realized the job needed a state license. Florida law still treats it as a crime, and during a declared state of emergency it is a felony.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Florida Law Prohibits

Under s. 489.127 of the Florida Statutes, a person may not, among other things:

• Act as a contractor, or advertise as available to act as a contractor, without being registered or certified.
• Falsely claim to be licensed, or present someone else's certificate or registration as their own.
• Use a suspended or revoked license.
• Start or do work that requires a building permit without the permit being in effect.
• Willfully disregard or violate a city or county ordinance about uncertified or unregistered contractors.

Two points surprise many people:

• An inactive or suspended license counts as no license for these purposes.
• A business tax receipt is not a contractor's license.

Licensed contractors can be charged too. A licensed contractor may not agree to let an unlicensed person or business use the contractor's license number, may not knowingly allow it, and may not pull a building permit for a job unless the contractor (or the qualified business) has a contract for that work, with limited exceptions.

Electrical and alarm work has its own, similar list of prohibitions under s. 489.531, including practicing electrical or alarm system contracting without being certified or registered, using the title electrical contractor or alarm system contractor without a valid license, and employing unlicensed people to do the contracting.

Penalties Under Florida Law

• First offense: a first-degree misdemeanor.
• After a previous finding of guilt for the same violation: a third-degree felony.
• During a state of emergency declared by executive order of the Governor: a third-degree felony, even for a first offense.
• Letting someone else use your license number, or pulling a permit without a contract: a first-degree misdemeanor, and a third-degree felony after a previous finding of guilt.

The same misdemeanor, repeat-offense felony, and state-of-emergency felony rules apply to unlicensed electrical and alarm system contracting under s. 489.531.

What the degrees mean. Under Florida's general penalty statutes, the maximums are: first-degree misdemeanor, up to 1 year and a $1,000 fine; third-degree felony, up to 5 years and a $5,000 fine. These are maximums, not what every case gets.

More than a criminal case. The state licensing department can issue a stop-work order for unlicensed work. Cities and counties can have code enforcement officers issue citations, with civil penalties that can reach up to $2,500 per day for each violation after a hearing, and an order imposing a penalty, once recorded in the public records, becomes a lien on the person's property. A contract signed by an unlicensed contractor cannot be enforced by that contractor in court, and the unlicensed contractor has no lien or bond claim for the labor, services, or materials provided. That can mean losing the right to collect for work already done.

How We Defend These Cases

1. Did the job really require a state license? Not all work does. Exactly what the work was, and what license category it falls under, can decide the case.
2. What was your license status on the relevant date? Active, inactive, suspended, and never licensed are treated differently.
3. Was there a declared state of emergency, and did it cover the conduct? The felony enhancement depends on it. We check the executive order and the dates.
4. Is there really a prior? The repeat-offense felony requires a previous finding of guilt for the same kind of violation.
5. What did you actually say or advertise? Sting cases often turn on a text message, an estimate, or an ad. We look at exactly what was said and who said it.
6. Who was in charge of the job? Workers, subcontractors, and the person who signed the contract are not in the same position.

What to Do Right Now

1. Do not argue with the investigator or explain the job. Say you want a lawyer.
2. Stop the work in question if you received a stop-work order or a citation, and get advice right away.
3. Keep every document: estimates, contracts, texts, payment records, permits, and any license paperwork.
4. Do not contact the homeowner about the case without talking to us first.
5. Watch the deadline on any code enforcement citation. The statute gives 10 days after receipt, not counting weekends and legal holidays, to request a hearing. Missing it waives the hearing and is treated as an admission.
6. If someone is still in jail, see Bond & Nebbia Hearings. If there is a warrant, see Self-Surrender.
7. Call us. Our office answers 24 hours a day.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is contracting without a license a felony in Florida?

A first offense is usually a first-degree misdemeanor. It becomes a third-degree felony after a previous finding of guilt, or if it happens during a state of emergency declared by the Governor.

I have a business tax receipt. Isn't that a license?

No. Florida law says a business tax receipt is not a license for contractor purposes.

My license was inactive. Is that the same as unlicensed?

For these violations, yes. The statute says a person or business operating on an inactive or suspended certificate or registration is considered unlicensed.

I was hired by a licensed contractor. Can I be charged?

It depends on the facts, including who contracted for the job and who held the license. Licensed contractors can also be charged for letting unlicensed people use their license number.

Can I still get paid for the work?

A contract entered into by an unlicensed contractor cannot be enforced by that contractor in court, and the contractor has no lien or bond claim for the work. Talk to a lawyer about your specific situation.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.