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Hammer and Gavel

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Tampa, FL 33602
813-225-3020

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Hammer and Gavel

  • Construction Law Updates
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Featured
Court Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor
Feb 17, 2024
DBPR Complaints, Electrical Contractors, Licensing
Court Affirms Order Imposing Sanctions Against Electrical Contractor for Aiding Unlicensed Contractor
Feb 17, 2024
DBPR Complaints, Electrical Contractors, Licensing

The final order imposed fines and continuing education against the electrical contractor, and possibly could have been avoided if the contractor had properly responded to the administrative complaint or properly preserved his rights to a final hearing. The case is a cautionary tale to contractors facing licensing complaints to take them seriously and comply with deadlines and instructions relating to the complaint.

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Feb 17, 2024
DBPR Complaints, Electrical Contractors, Licensing
Governor Signs Bill Extending Local Licensing to 2024; Adding New State License Categories
Jun 21, 2023
Construction Statutes, Licensing
Governor Signs Bill Extending Local Licensing to 2024; Adding New State License Categories
Jun 21, 2023
Construction Statutes, Licensing

The new law goes into effect July 1, 2024, and (1) keeps local licensing in place through July 1, 2024, (2) clarifies when permits can be required, (3) and requires the creation of 12 new state specialty contracting licenses.

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Jun 21, 2023
Construction Statutes, Licensing
Contractor Fined Over $8,500.00 and Placed on Probation for Two Years for Assisting Unlicensed Contractor
Mar 1, 2023
DBPR Complaints, Licensing
Contractor Fined Over $8,500.00 and Placed on Probation for Two Years for Assisting Unlicensed Contractor
Mar 1, 2023
DBPR Complaints, Licensing

The fine and penalties from a complaint filed against a certified general contractor by Florida’s Department of Business and Professional Regulation for (1) performing and act which assisted a person or entity engaging in the prohibited uncertified and unregistered practice of contracting, and (2) obtaining a permit without having entered into a contract to perform the work specified in the permit.

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Mar 1, 2023
DBPR Complaints, Licensing
Florida Board of Architecture Determines Venezuelan Architect Not Allowed to Use Term "Architect" on Website in Florida
Dec 14, 2022
Architects, Licensing
Florida Board of Architecture Determines Venezuelan Architect Not Allowed to Use Term "Architect" on Website in Florida
Dec 14, 2022
Architects, Licensing

In a concurring opinion, Florida’s First District Court of Appeal recently affirmed disciplinary action taken by Florida’s Board of Architecture against a Venezuelan architect who did not have a Florida architect’s license, but was nonetheless using the term “architect” on his website.

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Dec 14, 2022
Architects, Licensing
Recent Court Decision Addresses Whether Failure to Obtain Local Licenses Renders Contracts Unenforceable
Feb 13, 2022
Construction Statutes, Contracts, Licensing, Unlicensed Contractor
Recent Court Decision Addresses Whether Failure to Obtain Local Licenses Renders Contracts Unenforceable
Feb 13, 2022
Construction Statutes, Contracts, Licensing, Unlicensed Contractor

A recent decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses. The case serves as another cautionary tale about the importance of complying with state licensing, local licensing, and contract requirements, and how all three can combine to make construction projects a complex compliance environment for contractors.

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Feb 13, 2022
Construction Statutes, Contracts, Licensing, Unlicensed Contractor
Recent Court Decision Describes Additional Way Contractors Can Appeal Penalties from DBPR
Oct 4, 2021
Licensing, DBPR Complaints
Recent Court Decision Describes Additional Way Contractors Can Appeal Penalties from DBPR
Oct 4, 2021
Licensing, DBPR Complaints

A recent court decision describes how a licensed contractor in Florida can have a punishment imposed without a hearing by the DBPR reversed and re-examined, particularly where the contractor challenges whether he or she received proper notice. The opinion also describes the steps required to establish proper service by the DBPR on a contract.

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Oct 4, 2021
Licensing, DBPR Complaints
New Statute Phases Out Local Licenses by 2023
Jul 14, 2021
Construction Statutes, Licensing
New Statute Phases Out Local Licenses by 2023
Jul 14, 2021
Construction Statutes, Licensing

A new statute that went into effect on July 1, 2021, eliminates nearly all local contractor licenses by 2023 and makes clear that only certain types of contractors are required to have licenses. The new statute is intended to reduce government regulation of certain non-structural types of contractors and opens the door to many trades being able to work without a license in Florida.

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Jul 14, 2021
Construction Statutes, Licensing
Licensed in Another State? Here's How to Use That to Become Licensed in Florida!
Jan 15, 2021
Licensing, Construction Statutes
Licensed in Another State? Here's How to Use That to Become Licensed in Florida!
Jan 15, 2021
Licensing, Construction Statutes

In July 2020, Florida changed its contractor licensing statute to make it easier for contractors who have been licensed in other states for at least 10 years to obtain a Florida contractor’s license without having to take a licensing exam. While Florida has not entered into any formal reciprocity agreements with other states, we do finally have guidance on exactly how to apply for a Florida’s contractor’s license using your existing license from another state

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Jan 15, 2021
Licensing, Construction Statutes
Residential Contractor Ordered to Pay $56,731.00 in Restitution for Failing to Timely Pull Permits
Dec 8, 2020
Licensing, Building Contractors, Projects Gone Bad
Residential Contractor Ordered to Pay $56,731.00 in Restitution for Failing to Timely Pull Permits
Dec 8, 2020
Licensing, Building Contractors, Projects Gone Bad

A residential contractor was ordered to pay a $5,000.00 fine and $56,731.00 for failing to pull a permit within 30 days as required by Florida statute. While there were other factors involved, the only offense charged by the DBPR was failure to timely pull a permit, showing how quickly and badly things can spiral once licensing issues arise.

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Dec 8, 2020
Licensing, Building Contractors, Projects Gone Bad
An Update on Construction License Reciprocity in Florida
Oct 27, 2020
Building Contractors, Construction Statutes, Licensing
An Update on Construction License Reciprocity in Florida
Oct 27, 2020
Building Contractors, Construction Statutes, Licensing

In July of this year, Florida enacted the Occupational Freedom and Opportunity Act, which included language requiring many of Florida’s professions, including contractors, to stake steps towards advancing reciprocity with other states. Recently, the Construction Industry Licensing Board published a short statement regarding states and licenses that currently meet Florida’s requirements for reciprocity.

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Oct 27, 2020
Building Contractors, Construction Statutes, Licensing

 


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.

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