UNLICENSED CONTRACTOR ACTIVITY

1. UNLICENSED CONTRACTOR ACTIVITY ERIN T. MULLEN-TRAVIS, LICENSING MANAGER CHARLOTTE COUNTY

2. LET’S START WITH DEFINING WHAT A CONTRACTOR IS… • FSS 489.105(3) • “CONTRACTOR” means the person who is qualified for, and is only responsible for, the project contracted for and means the person who, for compensation, undertakes to, submits a bid to, or does by himself or by others construct, repair, alter, remodel, add to, demolish, subtract from or improve any building or structure, including related improvements to real estate… • AS YOU CAN SEE FROM THE ABOVE DEFINITION; ANY ONE YOU HIRE TO DO PRETTY MUCH ANYTHING REQUIRES A State Certified or Registered Contractor License or a Local Competency License.

3. WHAT CAN A HANDYMAN DO? The best way to identify the scope of what a Handyman can do is to have it in writing and coordinate with your Local Tax Collector or other division that issues the Business Tax Receipts to ensure that they provide a copy to the applicant and obtain a signed copy for their files. This can then be used as evidence if the “Handyman” is caught working outside the scope of the LBTR and can be used by local and state agencies for prosecution evidence. An example we use in Charlotte County is shown on the next slide

4. HANDYMAN BUSINESS TAX RECEIPT CAN PERFORM THE FOLLOWING SERVICES:Carpet CleaningCarpet and Linoleum Installation (Cannot install ceramic tile or stone)Install ceiling fans with a plug only (Cannot do any hard wiring in junction box)Change door locks (Cannot install doors or windows)Change Light BulbsClean Gutters House CleaningLawn Maintenance and Tree Service (Cannot install or repair irrigation systems)Residential Landscaping (No Commercial Work)Trash Hauling (No Construction Debris)Rescreening (No installation of aluminum, wood or vinyl)Window TintingWindow Treatment Installation (i.e. Blinds, verticals)Assembly of prefabricated items (i.e. shelves, bookcases)Replace Intake Air Handler Filter (No Duct work or dismantling of the system)A LOCAL BUSINESS TAX RECEIPT IS NOT A LICENSE TO PRACTICE CONTRACTING, IT IS A TAX THAT IS PAID TO CONDUCT BUSINESS WITHIN A COUNTY OR MUNICIPALITY.The following construction trades cannot be performed in full or in part by a Handyman: Acoustical and Installation; Air Conditioning; Aluminum; Asphalt Paving or Coating; General, Residential or Commercial Building or Remodeling; Demolition; Structural Carpentry; Cabinet or Trim Carpentry; Ceramic Tile, Terrazzo & Marble; Concrete or Masonry; Door, Window or Garage Door Installation; Drywall; Electrical; Fence Installation; Glass or Glazing; Grade, Fill & Clearing; Jobsite Clean-up; Commercial Landscaping; Irrigation; Marine Construction; Mechanical Contracting; Painting or Wallcovering; Pile Driving; Plaster, Stucco & Spraycrete; Plumbing; Roofing; Shed Installation; Sign Installation; Swimming Pool Installation; Swimming Pool Repair; Swimming Pool & Spa Water Treatment; Underground Utilities; Alarm System Installation; Building Moving; Elevator Installation; Fire Systems; Liquid Petroleum Gas; Water Conditioner Installer; Well Drilling. This list is not inclusive and additional specialty contractors are described in Florida Statute 489, Charlotte County Code 3-2, or the Florida Administrative Code. If you have any questions about whether work can be performed by a Handyman you must contact the Licensing Division at (941) 743-1201, Monday through Friday, 8:00 a.m. through 5:00 p.m.. This shall be done prior to performing the work to verify that the work does not require licensure under Charlotte County Codes, Florida Statutes or other laws governing the Construction Industry.I have read the above and understand that if I contract to perform work outside the scope of my Local Business Tax Receipt , I can be cited as prescribed by law (minimum fine $1000.00/Maximum $2,000).PRINTED NAME ___________________________________ SIGNATURE___________________________

5. IDENTIFYING WHO IS A TARGET? ELDERLY Unfortunately the elderly are targeted because they may not have a support group, a spouse or nearby family and unlicensed individuals will induce a ‘fear factor’ that a repair must be made. NEW HOMEOWNERS usually want to make improvements or changes to their new home. ABSENTEE OWNERS do not know the laws in Florida and are unaware of Codes or Laws to protect themselves and generally rely on advertisements such as FACEBOOK, CRAIG’S LIST, ANGIE’S LIST or local newspaper.

6. What is Unlicensed Activity?A serious threat to the health, safety, and welfare of Florida residents and visitors. Unlicensed activity occurs when a person performs, offers to perform or advertises to perform a job or service that requires licensure Unlicensed activity is also a criminal offense and can be referred to the local State Attorney for prosecution in egregious violations or repeat offenders.

7. Dangers of Hiring an Unlicensed Person • Poor Qualifications. Unlicensed persons do not have the education, insurance, or qualification required of a licensee.  • Poor Quality Work. Unlicensed contractors do poor quality work or do not finish the project, leaving the homeowner on the hook to repair or finish the project.  • Possible Criminal Background.Unlicensed persons often have criminal backgrounds that may include fraud, theft, violent crime, sexual offenses, and substance abuse.

8. Likelihood of being the Victim of a Scam.Unlicensed persons often disappear after taking your money • Limited Resources for Broken Contracts.The only answer is an expensive, and generally futile, civil suit. • No Insurance and Liability for Injuries to Others:You may end up being liable for personal or financial injuries to others.  An unlicensed contractor typically is uninsured and will have no way to pay you back for any property damage.

9. No Coverage under Homeowner’s Policy.  Most homeowner policies require that work must be done by a licensed contractor and provide no coverage for work that is not. Noncompliance with Building Codes.  If the project isn't permitted or doesn’t comply with the building code, the homeowner will have to remove or repair the work at their own expense and be subject to fines by local government. Liens being Imposed on the Property.  Homeowners may be subject to liens placed on their property by subcontractors or suppliers if the unlicensed person doesn’t pay the suppliers, workers or subcontractors. 

10. SUMMARY OF HAZARDS • Poor workmanship • Lack of credentials • Lack of proper insurances • The unknowns of the background of unlicensed contractor or workers • Lack of Financial Responsibility • Having to pay twice by fixing or repairing substandard work • Having to pay penalties assessed for unpermitted work • Use of inferior materials • Requesting cash payments or checks made out to cash so that there is little to no paper trail.

11. DEVELOPING INTERAGENCY AND PROFESSIONAL RELATIONSHIPS Who should be on your “TEAM”? • Building inspectors and other employees that work for the county or city • Local Contractors Association • Tax Collector or other Division that issues Local Business Tax Receipts • Division of Financial Services, Workers Compensation Investigators and Fraud Investigators • Department of Business and Professional Regulation • Local Sheriff or Chief of Police • State Attorneys Office • Attorney Generals Office • Department of Agriculture and Consumer Services • Media

12. Identifying unlicensed contractors using various print and electronic mediums • Facebook marketplace pages • Craigslist • Angie’s List • Thumbtack • Home Advisor • Bid on My Job • Classified Ads • Bulletin Boards at local stores • Handouts and “throw outs” in driveways

13. Identifying unlicensed contractors with the help of others: • Building and Code Inspectors • Utility and Public Works Department • Licensed Contractors • Media • Sheriff’s Office and Local Police Department • Contractors Association • DFS-Workers Comp • Homeowners and concerned citizens • Realtors/Homeowner Associations

14. Identifying whether to pursue a case through Civil Citation Process or Refer for Criminal Prosecution • Identify whether the respondent has been charged with unlicensed contracting previously • Check local or state databases for previous offenses • Was there consumer harm? • Was the work completed? • Is there a threat to public safety (examples: electrical, plumbing, roofing) • Was a permit required for the work performed? • State of Emergency (criminal offense)

15. Opening the dialog with Homeowner and Realtor Associations • Identify Local Realtor firms and request to speak at their monthly meetings regarding the hiring of Licensed Contractors and Permitting requirements • Identify Local Homeowners Associations and request to speak at their monthly meetings. • Be prepared to hand out freebies.

16. Identifying whether to issue a citation to a homeowner who hires an unlicensed contractor • If possible research the history of the property prior to going onsite? Has there been any other complaints of a similar nature? • Speak with the homeowner and determine how they came to hire the unlicensed contractor? • Did the homeowner know that the contractor was unlicensed? • Was a permit, if required, obtained for the work? Who obtained the permit?