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The Most Common Licensing Violations Committed by Certified Contractors: Part V
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The Most Common Licensing Violations Committed by Certified Contractors: Part V

July 30, 2018 Construction Industry Legal Blog

Reading Time: 3 minutes


To perform construction work in the State of Florida, the general rule is you better have a license.  However, this is not the only requirement. The company performing the work must also be qualified, or they may receive an unqualified company violation.  The final part of this blog series will discuss the ramifications of performing construction work without being properly qualified.

Be sure in addition to proper licensing, that your company is qualified so that you do not receive an unqualified company violation

Unlicensed Contracting Due To An Unqualified Company Violation

If your company contracts to perform construction contracting services, it must be qualified.  An unqualified company contracting to perform construction contracting services in the State of Florida, is engaging in unlicensed activity.  It does not matter if an owner of the company holds a license.  You must take the extra step and submit an application to the Construction Industry Licensing Board (“CILB”) to qualify the company.

There are severe consequences that comes with unlicensed contracting.  Click here to read about some of the penalties for this illegal practice.

Disciplinary Action

If you wish to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, you must apply for registration or certification as the qualifying agent of the business organization.[1]  The CILB has disciplined numerous contractors for engaging in construction contracting in a name not qualified.  The Department of Business and Professional Regulation (“DBPR”) prosecutes this violation through section 489.129(1)(f), Florida Statutes, which, in relevant part, states:

The board may discipline a license holder for acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration.

This violation may seem inconsequential, however it can lead to a contractor’s license being revoked.  Rule 61G4-17.001(1), Florida Administrative Code, identifies various penalty ranges the CILB will use in issuing discipline against license holders.  For a repeat offense, revocation can be considered when administering discipline for a violation of section 489.129(1)(f), Florida Statutes.

Conclusion

For all of the violations the CILB issues discipline for, this one might be the easiest to avoid.  It is as simple as filling out an application and mailing it to the CILB office.  If you already qualify a company, there are additional requirements you may want to consider.


[1] Section 489.119(2), Florida Statutes.

 


Learn more about this topic by reading all the blog articles in this series:

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