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11 Unlicensed “Contractors” Arrested in Sting

An undercover sting operation targeting unlicensed contractors and contractors without workers’ compensation insurance in Manatee County recently resulted in 11 arrests.

The three-day operation was a multi-agency effort that included the Florida Division of Insurance Fraud, the Department of Business & Professional Regulation, the Manatee County Sheriff’s Office, Holmes Police Department and Manatee County Code Enforcement.

The 11 men were each charged with working as an unlicensed contractor and working without workers’ compensation. All 11 were also fined by code enforcement and issued a cease-and-desist order.

Investigators set up the operation at an uninhabited home in Manatee County and contractors were called to perform jobs at the home.

If convicted, the defendants all face up to five years prison for each workers’ compensation charge. For the unlicensed-contractor charge, they face an additional year in prison if they are a first-time offender, or five years for repeat offenders.

Anyone with information about suspected insurance fraud should call 1-800-378-0445. Tipsters can remain anonymous and be eligible for up to a $25,000 reward through the Department of Financial Service’s Anti-Fraud Reward Program.

Professional licenses can be verified online at www.myfloridalicense.com.

Read the full story at: https://www.bradenton.com/2015/02/14/5635584/11-arrested-in-undercover-sting.html 

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Unlicensed Contractors Beware!

Florida Statute 489.128 provides that “contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor.”  Furthermore, “no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto.”

The Supreme Court of Florida solidified prior case law and affirmed Florida Statute 489.128 by ruling that an unlicensed contractor cannot sue for breach of contract, even when he has been wronged and even when the party against whom he is seeking relief knew of his unlicensed status.

In Earth Trades, Inc. v. T&G Corp., the Defendant, a general contractor, subcontracted with the Plaintiff, who was unlicensed under Florida law at the time, to perform work on a parking garage. After a dispute, the Plaintiff sued the Defendant for breach of contract. The Defendant then counterclaimed for breach of contract. During litigation, the Defendant argued that because the Plaintiff was unlicensed, its breach of contract claim was barred under Fla. Stat. 489.128.

Upholding the 5th District Court of Appeal’s ruling in the case, the Florida Supreme Court stated “…the Legislature has imposed a substantial penalty on the unlicensed contractor as the wrongdoer with regard to a construction contract. Under the amended section 489.128, the unlicensed contractor has no rights or remedies for the enforcement of the contract.” The Court went on to state that a party’s knowledge that a contractor or subcontractor does not hold the state-required license to perform the construction work of the contract is legally insufficient to establish the defense that the parties stand in pari delicto (both parties are wrongdoers).

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(2)a-b, Fla. Stat. (2013). In addition, DBPR may impose a fine of $10,000 on any person found guilty of unlicensed contracting. § 489.13(3), Fla. Stat. (2013).

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Welcome

Welcome to the official blog of The Boutty Law Firm, P.A.. We will begin posting on this blog shortly, so please check back regularly for updates about the firm, notable cases and more.

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