I am a Sub Contractor with a Legitimate LLC., General Liability, and Workers Comp Exemption. I was pulled into a Sting and did not quote prices or commit to doing any work that requires a license.
2 replies
Nov 11, 2021
Unlicensed activity is a crime and you can be arrested. Whether you are depends on the scope of work and whether there is an exception to licensure or not. It is very fact specific. Providing a bid or negotiating a contract requires that you have the license also - just like performing the work.
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Nov 30, 2021
I completely understand the need to minimize the activity of unlicensed Contractors, and I agree with it whole heartedly. By the same token, I am reasonably certain it was not the intent of our Legislators to penalize those that are qualified, remain within the bounds of the law, and do not have ill intent. As far as I know, there is no law prohibiting me from evaluating any construction job in the State of Florida providing I DO NOT quote pricing, agree to do, or perform any work myself that I am not licensed to do.
For example, I meet with a Homeowner on site, evaluate the job requirements, and tell them I will email a quote within a couple days. I get home, go to the Building Department Website that governs the Homeowner's address, and find out that the work requested does not require a Permit or a State Contractor's License BUT it does require a County Specialty License.
( Yes, I research every job on an individual basis because I cannot possibly memorize Florida Statutes, State, County, City, and Municipality codes along with State, County, and Specialty Licensing, Pand ermitting requirements, Homeowners acting as there own Contractor, along with Handyman Exemptions, all being applicable to the multiple trades that I do ).
I now email the Homeowner with a typed quote that has a " No Bid " entered for the work requested. Iadd the Name, and Phone Number of a reputable Licensed Contractor I have done work for in the event the Homeowner would like to make that contact. Only in this case, the Homeowner was an Undercover Detective operating a Sting. I was detained and questioned for 2 hours and issued a Notice to appear for a Misdemeanor charge of engaging in the Business of Contracting without a License. 2 Months later, while waiting for correspondence providing me with a court date, ( I checked the Clerk of Courts Website daily ) I was arrested at my house on a Misdemeanor Warrant for the original charge AND a Felony warrant for Failure to Secure Worker's Compensation. I did no work, made no agreement to do any work, there was no mention of compensation other than the UC Detective asking me multiple times for a verbal price which I refused to provide, AND I have a Worker's Comp Exemption that is current, which in my mind, is a non starter even if I am not Exempt because of the reasons I have just mentioned.....no quoting, no agreement made, no engagement, no Worker's Comp required. So here I am, Attorney retained, Speedy Trial Waived, Plea of Not Guilty entered by my Attorney, 9 months later, Pre Trial Conference scheduled for 01/04/2022, still trying to figure out how the State can possibly continue down a path to prosecute me.