The 2023 Florida Statutes
|
||||||
|
Section 489.127(1)(f), Florida Statutes, provides that "[n]o person shall..,[e]ngage in the business or act in the capacity of a contractor... without being duly registered or certified." § 489.127(1)(f), Fla. Stat. (2013). A first-time violation of section 489.127(1)(f) is a first-degree misdemeanor. § 489.127(2)(a), Fla. Stat. (2013).Jones was convicted of several offenses following a trial. Pertinent to this appeal, Jones was convicted of four counts of contracting without a license in violation of section 489.127(1), Florida Statutes. During trial, Jones's contractor's license was admitted into evidence, establishing that he had been licensed as a certified building contractor during all pertinent time periods. However, the State's position was that Jones had been contracting in the name of his business and that his business had not been "licensed" by the department. The State's fraud investigator testified at trial that he had determined through his investigation that Jones's business did not have a license. According to Jones, this testimony was inaccurate and misleading and trial counsel rendered ineffective assistance for failing to call a witness to explain that only individuals—not businesses—are licensed as contractors by the department and that businesses are qualified through a licensed contractor to engage in contracting services.The Florida Legislature has outlawed several false or fraudulent business activities, including to falsely hold oneself out as or falsely impersonate a licensed contractor, to present the credentials of another contractor as one's own, to knowingly give false or forged evidence to the licensing board, or to use or attempt to use a license that has been suspended or revoked. See § 489.127( 1), Fla. Stat. Any unlicensed person who violates these provisions commits an enhanceable offense—in other words, the penalties escalate following the first conviction. Specifically, a first offense constitutes a first-degree misdemeanor, punishable by up to eleven months and 29 days in county jail and a $1,000 fine. Id. § 489.127( 2)(a). A second offense—following conviction for the first offense—constitutes a third-degree felony, punishable by up to five years in state prison and a $5,000 fine. Id. § 489.127( 2)(b). In addition, Florida has criminalized insurance fraud, see § 817.234, Fla. Stat., which consists of, among other things, presenting any written or oral statement as part of a claim for payment, knowing that such statement contains false, incomplete, or… WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF, OR ENTERED A NO CONTEST PLEA TO A CHARGE OF CONTRACTING WITHOUT A LICENSE (489.127(1)(F) FLA. STAT.), IS THE MEASURE OF RESTITUTION DUE TO THE VICTIM DISGORGEMENT OF ALL MONIES PAID TO THE DEFENDANT BY THE VICTIM WITHOUT REGARD TO ANY VALUE THE GOODS OR SERVICES SO PROVIDED MAY HAVE?As to § 489.127(1)(4), it states that no person shall:Kenny Snell appeals his convictions and sentences for three counts of fraudulent use of personal identification information, see § 817.568, Fla. Stat. (2013), one count of fraudulent use of a credit card, see § 817.61, two counts of theft from a person sixty-five years of age or older, see § 812.0145, Fla. Stat. (2013), one count of petit theft, see § 812.014, and one count of contracting without a license, see § 489.127, Fla. Stat. (2013). We are required to reverse and remand for a new trial because the trial court denied Mr. Snell's motion to discharge his retained counsel and proceed pro se on the basis of a legally deficient inquiry under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). This disposition of the case renders Mr. Snell's other appellate issues moot, and we therefore decline to address them.Not only will the supervision of any contracted-for project be incomplete on the effective date of the contract, in many cases, a contractor is prohibited from even applying for a building permit until after the contract is in effect. See§ 489.127(4)(c), Fla. Stat. (2003) (prohibiting a contractor from applying for or obtaining a building permit for construction work unless the contractor or “business organization duly qualified by said contractor ... has entered into a contract to make improvements to, or to perform contracting at, the real property specified in the application or permit,” except where the contractor proposes to perform the work without compensation or on property owned by the contractor).On July 22, 2008, Mora was arrested for three misdemeanor counts of contracting without a license. § 489.127(2)(a), Fla. Stat. (2008). On September 11, 2008, the State filed a single third-degree felony charge, which alleged that Mora had previously been convicted for the same offense. § 489.127(2)(b), Fla. Stat. (2008). A capias issued for the new charge, but the notice was sent to the wrong address. The capias was not served until December 10, 2011.As explained above, the defense of in pari delicto requires that the parties be wrongdoers of relatively equal fault. In the instant case, petitioners contend that the parties are in pari delicto because T & G knew that Earth Trades was unlicensed. They point out that the Department of Business and Professional Regulation (DBPR) may issue a cease and desist notice to and impose fines of up to $5,000 on anyone who knowingly hires an unlicensed contractor. § 455.228(1)-(2), Fla. Stat. (2005). This fact, however, means only that T & G is also a wrongdoer. Petitioners fail to mention that unlicensed contracting is a crime for which a first offense is a first-degree misdemeanor and a second is a third-degree felony. § 489.127( 1)-(2), Fla. Stat. (2005). In addition, DBPR may impose a fine of $10,000 on any person found guilty of unlicensed contracting. § 489.13(3), Fla. Stat. (2005). More importantly, as explained above, the Legislature in 2003 amended section 489.128, removing language that made contracts with unlicensed contractors unenforceable by either party and declaring instead that only the unlicensed contractor had no enforceable contract or lien rights with regard… 1. See § 489.127(1)(f), (2)(a), Fla. Stat. (2005).. . . HAS BEEN FOUND GUILTY OF, OR ENTERED A NO CONTEST PLEA TO A CHARGE OF CONTRACTING WITHOUT A LICENSE (489.127 . . .
. . . 2013), one count of petit theft, see § 812.014, and one count of contracting without a license, see § 489.127 . . .
. . . See § 489.127(4)(c), Fla. . . .
. . . . § 489.127(2)(a), Fla. Stat. (2008). . . . . § 489.127(2)(b), Fla. Stat. (2008). . . .
. . . . § 489.127(1)-(2), Fla. Stat. (2005). . . .
. . . See § 489.127(l)(f), (2)(a), Fla. Stat. (2005). . . . .
. . . . § 489.127(1)(f), Fla. Stat. (2007). . . .
. . . See §§ 489.127(l)(f), (2)(c), Fla. Stat. (2004). We affirm that conviction, as well. . . .
. . . the contract so as to preclude workers’ compensation immunity under section 440.11(1); (2) section 489.127 . . . Section 489.127(l)(f) Section 489.127(l)(f), Florida Statutes (1999), makes it a first-degree misdemean . . . entered into by an unlicensed contractor have been declared illegal or void because they violate section 489.127 . . . 489.128 does not preclude the application of workers’ compensation immunity, the operation of section 489.127 . . . The fact that the contractor acted in violation of section 489.127 does not extinguish the contractor . . .
. . . See § 489.127(4)(a) and (b), Fla. Stat. (2000); RTM General Contractors, Inc. v. . . .
. . . See § 489.127(4)(a) (“A certified or registered contractor, or contractor authorized by a local construction . . .
. . . . § 489.127. . . .
. . . See § 489.127, Fla. Stat. (2004). . . .
. . . The State charged both counts as felonies under section 489.127(2)(b), Florida Statutes (2001), because . . . The trial court found section 489.127(2)(b) ambiguous. . . . The State contends that the language of section 489.127(2)(b) is clear and unambiguous. . . . Section 489.127(l)(f), under which the State proceeded against Mr. . . . Section 489.127(l)(f), under which Mr. . . .
. . . considered unlicensed for failing to have a certificate of authority as required by sections 489.119 and 489.127 . . .
. . . . ¿89.119 and 489.127. (emphasis supplied). . . .
. . . See § 489.127(4)(b), Fla. Stat. (1997). . . . See § 489.127(4)(b), Fla. Stat. (1997). . . . Thus, RTM violated section 489.127(4)(b), a violation of which can result in criminal penalties, when . . . DeVore's violation of section 489.128, Florida Statutes (1997), did not cure RTM’s violation of section 489.127 . . .
. . . contracts performed or entered into by unlicensed contractors should be viewed in the context of section 489.127 . . .
. . . considered unlicensed for failing to have a certificate of authority as required by ss. 489.119 and 489.127 . . . considered unlicensed if it does not have the certificate of authority required under sections 489.119 and 489.127 . . . considered unlicensed for failing to have a certificate of authority as required by ss. 489.119 and 489.127 . . .
. . . See § 489.127, Fla. Stat. (1993). . . .
. . . 817.034(4)(a)1, Florida Statutes (1991), and 2) contracting without a license in violation of section 489.127 . . . contracting without a license count, finding that Summerlot was “certified” as provided by section 489.127 . . . Summerlot correctly asserted at oral argument that section 489.127(1), Florida Statutes, was amended . . . However, the addition of this clarification does not render section 489.127 inapplicable in this case . . . The section 489.127 prohibitions against a person falsely holding him or herself out as a certificate . . .
. . . statute requires that a business be duly certified before it engages in the contracting business, section 489.127 . . .
. . . . § 489.127(l)(a); Broward County Code § 9-23(a), and which require that certified contractors include . . .
. . . 812.014, Florida Statutes, and five counts of contracting without a license, in violation of section 489.127 . . .
. . . entitled to engage in contracting or act as a contractor under Sections 489.113(1), (2), 489.119 and 489.127 . . .
. . . . § 489.127(l)(f). . . . exemptions contained in section 489.103 before it can convict appellant for a violation of section 489.127 . . . that the certification of nonlicensure was admissible as prima facie proof of a violation of section 489.127 . . .
. . . The Board adopted the hearing officer’s conclusion that Godwin violated Section 489.127(l)(d) and thereby . . . Section 489.127(l)(d) prohibits giving “false or forged evidence to the board or a member thereof for . . . 7(c) in the negative with the intent to withhold the information sought, he did not violate Section 489.127 . . . Neither does he argue that a violation of Section 489.127(l)(d) is not a material failure to comply within . . . evidence, and because the Board’s determination that such activity amounts to a violation of Section 489.127 . . .