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Florida Statute 489.13 | Lawyer Caselaw & Research
F.S. 489.13 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
F.S. 489.13
489.13 Unlicensed contracting; notice of noncompliance; fine; authority to issue or receive a building permit; web page.
(1) Any person performing an activity requiring licensure under this part as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity, regardless of whether he or she holds a local construction contractor license or local certificate of competency. Persons working outside the geographical scope of their registration are guilty of unlicensed activity for purposes of this part.
(2) For a first offense, any person who holds a state or local construction license and is found guilty of unlicensed contracting under this section shall be issued a notice of noncompliance pursuant to s. 489.131(7).
(3) Notwithstanding s. 455.228, the department may impose an administrative fine of up to $10,000 on any unlicensed person guilty of unlicensed contracting. In addition, the department may assess reasonable investigative and legal costs for prosecution of the violation against the unlicensed contractor. The department may waive up to one-half of any fine imposed if the unlicensed contractor complies with certification or registration within 1 year after imposition of the fine under this subsection.
(4)(a) Any fines collected under this section shall be first used to cover the investigative and legal costs of prosecution.
(b) Any local governing body that forwards information relating to any person who is an unlicensed contractor shall collect 30 percent of the fine collected, after deduction of the investigative and legal costs of prosecution.
(c) The balance of any fines collected under this section shall be used to maintain the department’s unlicensed contractor website page, as specified in subsection (6), and to fund the Florida Homeowners’ Construction Recovery Fund. Nothing in this paragraph shall be construed to permit recovery from the Construction Industries Recovery Fund if the contractor is unlicensed.
(5) A local building department shall not issue a building permit to any contractor, or to any person representing himself or herself as a contractor, who does not hold a valid active certificate or registration in the appropriate category. Possession of a local certificate of competency or local construction license is not sufficient to lawfully obtain a building permit as a construction contractor if the activity in question requires licensure under this part. Nothing in this section shall be construed as prohibiting a local building department from issuing a building permit to a locally licensed or certified contractor for an activity that does not require licensure under this part.
(6) The department shall create a web page, accessible through its Internet website, dedicated solely to listing any known information concerning unlicensed contractors. The information shall be provided in such a way that any person with computer online capabilities can access information concerning unlicensed contractors by name or by county. The department shall recognize that persons found guilty of unlicensed contracting do not have the same rights and privileges as licensees, and the department shall not restrict the quality or quantity of information on the web page required by this subsection, unless otherwise required by law.
(7) The remedies set forth in this section are not exclusive and may be imposed in addition to the remedies set forth in s. 489.127(2). In addition, nothing in this section is intended to prohibit the department or any local governing body from filing a civil action or seeking criminal penalties against an unlicensed contractor.
History.s. 22, ch. 99-254; s. 1, ch. 2001-211; s. 9, ch. 2004-84.

F.S. 489.13 on Google Scholar

F.S. 489.13 on Casetext

Amendments to 489.13


Arrestable Offenses / Crimes under Fla. Stat. 489.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.13.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Plaintiff has argued in its papers and at the hearing that section 489.147(4)(b), which prohibits any "unlicensed person" from engaging in acts prohibited by section 489.147, can plausibly be read to prohibit covered speech by any member of the general public in Florida. For example, in the wake of a damaging hurricane, one need not fear a $10,000 fine or criminal prosecution for engaging in "unlicensed contracting" in the event she orally encourages her neighbor to contact a roofer for the purpose of filing an insurance claim. However, Plaintiff argues, based on the plain language of the new law, the same may not be true if that individual calls, texts, or emails her neighbor to communicate the same message via "electronic communication." While this Court understands Plaintiff's argument, the statute could also be read to prohibit actors who already engage in "unlicensed contracting," under section 489.13( 1), from engaging in additional prohibited acts set out in section 489.147. In other words, the challenged law may be read to expand the scope of what constitutes "unlicensed contracting," in the context of how "unlicensed contracting" has already been defined under…
  2. Earth Trades, Inc. v. T&G Corp.

    108 So. 3d 580 (Fla. 2013)   Cited 17 times   1 Legal Analyses
    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…

Cases from cite.case.law:

MISSION HOSPITAL REGIONAL MEDICAL CENTER, v. BURWELL,, 819 F.3d 1112 (9th Cir. 2016)

. . . . § 489.13(d)(l)(i) permitted it to avoid South Coast’s Medicare liabilities simply by submitting, along . . . Mission argues that its submission of this form complied with § 489.13(d) (effective until September . . . the alternative, Mission' maintains it is entitled to the benefit of the retroactivity provision in § 489.13 . . . until that date, the Laguna Beach campus did not meet,“all requirements” within the meaning of section 489.13 . . . to shoehorn its predicament • into the retroactivity provisions of the special rule in 42 C.F.R. § 489.13 . . .

AAA PHARMACY, INC. v. UNITED STATES,, 112 Fed. Cl. 387 (Fed. Cl. 2013)

. . . . §§ 424.57, 489.13(c)(2) (2005). . . .

EARTH TRADES, INC. v. T G CORPORATION,, 108 So. 3d 580 (Fla. 2013)

. . . . § 489.13(3), Fla. Stat. (2005). . . .

AAA PHARMACY, INC. v. UNITED STATES,, 108 Fed. Cl. 321 (Fed. Cl. 2012)

. . . . § 489.13(c)(2), a NSC reviews a supplier’s initial application to determine whether to issue the supplier . . .

COUNTY OF PIERCE, v. O. LEAVITT,, 244 F. App'x 802 (9th Cir. 2007)

. . . . § 489.13(d)(l)(i) instead of 42 C.F.R. § 489.13(c)(2) because it was previously accredited by the Joint . . . See 42 C.F.R. § 489.13(c)(2)(H). . . . it can be granted an ECD. 42 C.F.R. § 489.13(d)(l)(i) (emphasis added). . . . 42 C.F.R. § 489.13(d)(2). . . . As applicable here, section 489.13(d) provides: (1) General rule. . . .

CENTRAL SUFFOLK HOSPITAL, v. SHALALA,, 841 F. Supp. 492 (E.D.N.Y. 1994)

. . . . § 489.13(a), which is found in the regulations governing “Provider Agreements Under Medicare” (see . . . Plaintiff contends that the Secretary violated § 489.13(a) in denying plaintiff’s request to be certified . . . The Secretary argues that § 489.13(a), upon which plaintiff relies, simply governs “when the provider . . . Relying on § 489.13(b), the Secretary argues that a facility will not be accepted into the Medicare program . . . Section 489.13(b) provides: (b) All Federal requirements are not met on the date of the survey. . . .

BIO- MEDICAL APPLICATIONS OF LEWISTON, INC. v. UNITED STATES,, 17 Cl. Ct. 84 (Cl. Ct. 1989)

. . . . § 489.13, which provides in relevant part, with respect to providers: Section 489.13 Effective Date . . . In both instances, 42 C.F.R. § 489.13 was applied to plaintiffs’ ESRD facility, with the result that . . . The AU stated that although BMA was “technically correct” in its assertion that § 489.13 was a provider . . . It specifically rejected the applicability of § 489.13, however, on the theory that it applied only to . . .

F. WHITE, D. B. N. C. T. A. N. v. UNITED STATES, 680 F.2d 1156 (7th Cir. 1982)

. . . As a result, Olive paid the asserted $99,727.39 estate tax deficiency and $12,-489.13 additional interest . . .

F. WHITE, D. B. N. C. T. A. N. v. UNITED STATES, 511 F. Supp. 570 (S.D. Ind. 1981)

. . . The additional estate tax of $99,727.39 was paid on October 19, 1976, and additional interest of $12,-489.13 . . .

RICHERSON, v. R. JONES,, 506 F. Supp. 1259 (E.D. Pa. 1981)

. . . Thus, the remaining $489.13 is disallowed. See Vecchione v. . . .

A. H. v. A. H. v., 56 T.C. 710 (T.C. 1971)

. . . 3,629.96 One large spiral notebook seized during tbe raid revealed net wagering income in 1965 of $489.13 . . .

TWOMBLY TREE EXPERTS, INC. v. THE UNITED STATES, 168 Ct. Cl. 921 (Ct. Cl. 1964)

. . . Profit at 10 percent on the foregoing operations_ 489.13 5,380. 39 Before it filed this suit, the plaintiff . . .

v., 8 F. 71 (C.C.D. Or. 1881)

. . . is deducted the salary due the agent from April 1 to July 28, 1865, the assumed date of his death — $489.13 . . .