• Construction Law Updates
    • 2023 Florida Legislative Session
    • 2024 Florida Legislative Session
    • 2025 Florida Legislative Session
    • Subscribe
    • Let Us Help You Get Licensed
    • Georgia to Florida
    • Licensing Decisions
    • Podcast
    • Books
    • Forms
    • Index By Topic
    • Florida Contractor CEUs
    • Construction Law Presentations
    • Have Me Speak at Your Event
    • Contributors
  • Contact Jason
Menu

Hammer and Gavel

100 N Tampa Street Ste. 3500
Tampa, FL 33602
813-225-3020

Your Custom Text Here

Hammer and Gavel

  • Construction Law Updates
    • Construction Law Updates
    • 2023 Florida Legislative Session
    • 2024 Florida Legislative Session
    • 2025 Florida Legislative Session
    • Subscribe
  • Licensing in Florida
    • Let Us Help You Get Licensed
    • Georgia to Florida
    • Licensing Decisions
  • Contractor Resources
    • Podcast
    • Books
    • Forms
    • Index By Topic
    • Florida Contractor CEUs
    • Construction Law Presentations
    • Have Me Speak at Your Event
  • About
    • Contributors
  • Contact Jason
Untitled design (4).png

All Posts

Court Affirms Administrative Fines for Unlicensed Contracting Following Informal Hearing

July 28, 2024 Jason Lambert

In affirming the imposition of fines for unlicensed contracting, the Court held that a formal administrative hearing is necessary only where the material facts are in dispute.

Llaurado v. Department of Business and Professional Regulation, arises from a complaint filed with the DBPR alleging unlicensed contracting. The petitioner argued that the DBPR’s imposition of administrative fines and costs for practicing construction without a license was improper without a formal hearing being held (as opposed to an informal hearing).

In this instance, at an informal hearing, it became clear that it was undisputed that (1) the petitioner held no contractor’s licenses at the relevant times; (2) that he submitted a bid for construction work under his signature and on his company’s stationary; (3) this bid resulted in a substantial contract for construction work for which he was paid; and (4) he listed another roofing contractor’s license on the relevant bid.

On appeal, Florida’s Third District Court of Appeal held that where there was no dispute as to any material facts, a formal hearing was not necessary and the informal hearing procedure was sufficient. Under these circumstances, the court affirmed the order imposing the fines and costs.

While the decision is short, there are two key takeaways for those in the construction industry. First, it lays out very clearly some of the conduct that constitutes unlicensed contracting in Florida. Second, anyone facing a complaint from the DBPR should take it seriously and pay attention to the fact that there are multiple ways that a complaint can be resolved, especially if the key facts are not in dispute. Contractors should consult with counsel any time they are faced with a DBPR complaint to ensure they respond properly and are prepared for any proceedings.

In Licensing, Unlicensed Contractor Tags Construction Law Update
← Court Confirms that Electrical Contractors can Perform Excavation As Part of Their License Without Also Being Licensed Underground Utility ContractorsCourt Affirms Entry of Default Against Subcontractor But Reverses Grant of Summary Judgment Due to Issues as to Damages →
jason-pic.jpeg

Jason Lambert is a Florida licensed attorney who focuses his practice on representing and advising contractors, subcontractors, and material suppliers in the construction industry throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He also has experience in the wholesale and retail electrical, flooring, and countertop industries.


Most Recent Posts

Featured
Eleventh Circuit Court of Appeals Reverses Dismissal of Pro Se Claims Against Cabinet Contractor, Allowing Punitive Damages Claims to Stand
Apr 30, 2025
Apr 30, 2025

The case, which arose out of the omission of soft-close features in a closet cabinet installation and a dispute over a $2,500 repair, resulted in a lawsuit seeking damages plus nearly $500,000 in punitive damages.

Read More →
Apr 30, 2025
Court Reverses Judgment in Favor of Contractor After Determining Contractor Was Unlicensed
Apr 22, 2025
Apr 22, 2025

The decision turned on the Third District Court of Appeal’s interpretation of 489.128, Florida Statutes, which makes contracts entered into by unlicensed contractors unenforceable.

Read More →
Apr 22, 2025
Court Refuses to Increase Lien Transfer Deposit Amount in Unconsolidated Cases
Mar 10, 2025
Mar 10, 2025

Florida’s Third District Court of Appeal recently declined to reverse a trial court’s refusal to increase the amount a construction lien transfer deposit and the trial court’s related discharge of a lis pendens. The decision seems to rest, at least in part, on the fact that the lien foreclosure action and related breach of contract claims were progressing in two separate, unconsolidated cases.

Read More →
Mar 10, 2025

Contact Jason

Jason S. Lambert
Hill Ward Henderson
101 E. Kennedy Blvd Ste. 3700
Tampa, FL 33602
(727) 743-1037
jason.lambert@hwhlaw.com

 

Nothing on this website should be considered a solicitation for legal representation. Further, nothing on this website establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this website. The statements and views expressed on this website are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion. Finally, please pay attention to the dates on blog posts. Laws can and do change frequently, and blog posts may contain outdated information. You should confer with your own legal counsel regarding the application of any information on this website to your situation.

Main Blog | Sitemap