Operating as a contractor in Florida requires proper licensing and compliance with strict regulations set by the Florida Department of Business and Professional Regulation (DBPR) and the Florida Construction Industry Licensing Board (CILB). If you’ve been accused of Unlicensed Contracting or violating Florida Statutes (F.S.) 455.224 or 489.127(1)(f), you could face severe legal consequences, including fines, license suspension, or even criminal charges.
At Elevate Legal Services, PLLC, we understand how overwhelming and stressful it can be to face a DBPR Administrative Complaint for unlicensed contracting or licensing violations. With years of experience and a proven track record in defending contractors and construction professionals, our legal team is dedicated to providing strategic, aggressive representation to protect your license, reputation, and livelihood. Whether you’re dealing with an investigation, administrative hearing, or potential disciplinary action, we have the expertise and in-depth knowledge of Florida construction laws to build a strong defense on your behalf. Don’t face these serious allegations alone—contact us today at 561-770-3335 or email [email protected] for immediate legal assistance and peace of mind.
Understanding the Laws: F.S. 455.224 and F.S. 489.127(1)(f)
What Is F.S. 455.224?
Florida Statute 455.224 prohibits individuals from engaging in unlicensed professional activities regulated by DBPR. This includes:
- Performing work that requires a license without obtaining proper certification.
- Using fraudulent or misleading information to gain a license.
- Continuing to operate on an expired or suspended license.
Violations of F.S. 455.224 can result in disciplinary actions and substantial penalties, including fines and cease-and-desist orders.
What Is F.S. 489.127(1)(f)?
Under Florida Statute 489.127(1)(f), individuals and businesses are prohibited from:
- Knowingly contracting without a valid DBPR-issued license.
- Advertising construction services that require licensing without holding a valid license.
- Using someone else’s license number to perform work.
Violations of F.S. 489.127(1)(f) are considered a criminal offense, and repeat violations may result in felony charges.
Common Reasons Contractors Face DBPR Administrative Complaints
If you are a licensed contractor or operating in the construction industry, you may receive an administrative complaint for various reasons, including:
1. Performing Work Without a License
- Engaging in construction or contracting work requires DBPR certification without a valid license.
- Working outside the scope of your current license.
2. Misleading or False Advertising
- Promoting construction services that require a license without listing your DBPR license number.
- Advertising as a licensed contractor when your license is inactive, revoked, or expired.
3. Failure to Comply with Florida Building Codes
- Performing substandard or non-code-compliant work.
- Failing to obtain proper permits for construction projects.
4. Contracting Without the Proper Business Structure
- Failing to register your business entity properly with the Florida Division of Corporations.
- Using a corporate or business name that does not match the name on your DBPR license.
5. Financial Mismanagement or Fraud
- Failure to pay subcontractors or suppliers.
- Accepting payments for work that is not completed.
6. Complaints From Customers or Competitors
- A customer files a complaint with DBPR regarding incomplete or poor-quality work.
- A competitor reports you for unlicensed contracting.
Step-by-Step Guide to Responding to a DBPR Administrative Complaint
If you have received a Notice of Investigation or Administrative Complaint from DBPR, it is critical to act quickly. Follow these steps to protect your contractor’s license and business.
Step 1: Review the Administrative Complaint Carefully
Once you receive a formal complaint, review the allegations to understand:
- The specific violations cited under S. 455.224 or 489.127(1)(f).
- The evidence presented against you.
- The deadline to respond to the complaint.
Failing to respond within the deadline can result in default penalties.
Step 2: Contact an Experienced DBPR Defense Attorney
Do not attempt to handle the complaint alone. At Elevate Legal Services, PLLC, we have extensive experience defending construction professionals against DBPR Complaints.
Call us at 561-770-3335 or email [email protected] for immediate legal support.
Step 3: Prepare and Submit a Formal Response
You are required to file a written response within 21 days of receiving the complaint. Your response should:
- Deny or clarify the allegations with supporting evidence.
- Provide documentation, such as contracts, licenses, or permit records, proving compliance.
- Highlight errors in the complaint or investigative process.
Your attorney will ensure the response is properly drafted and legally sound.
Step 4: Cooperate With the Investigation
DBPR may conduct an investigation that includes:
- Requesting additional records related to your construction work.
- Interviewing witnesses, subcontractors, or customers.
- Inspecting worksites where alleged violations occurred.
While cooperation is important, do not provide statements or documents without legal counsel.
Step 5: Probable Cause Review
After the investigation, DBPR’s Probable Cause Panel will decide whether there is enough evidence to move forward. Possible outcomes include:
Case Dismissal – If evidence is insufficient, the complaint may be dropped.
Issuance of a Formal Administrative Complaint – If probable cause exists, the case proceeds to disciplinary hearings.
Step 6: Request a Formal Hearing
If an Administrative Complaint is filed, you have the right to request a hearing before an Administrative Law Judge (ALJ). You may choose:
- Informal Hearing – If you do not dispute the facts but wish to argue for reduced penalties.
- Formal Hearing – If you challenge the allegations, you will have a trial-like hearing where evidence and witness testimony can be presented.
Potential Penalties for Violating F.S. 455.224 and 489.127(1)(f)
If DBPR finds you guilty, penalties may include:
- Fines up to $10,000 per violation
- License suspension or revocation
- Probationary periods and mandatory education
- Cease-and-desist orders
- Criminal charges for repeat offenses
With the right legal defense, many penalties can be avoided or reduced.
Why Choose Elevate Legal Services, PLLC?
At Elevate Legal Services, PLLC, we have extensive experience defending construction professionals against DBPR Complaints. Our legal team offers:
- Comprehensive defense strategies for licensed and unlicensed contractor complaints.
- Representation in DBPR hearings and settlement negotiations.
- Proactive compliance guidance to prevent future complaints.
Call us today at 561-770-3335 or email [email protected] for expert legal representation.
Conclusion
Facing a DBPR Administrative Complaint under F.S. 455.224 or 489.127(1)(f) can put your license and livelihood at risk. You can fight the allegations and protect your professional future by understanding the process, responding effectively, and hiring experienced legal counsel.
At Elevate Legal Services, PLLC, we’re ready to defend your contractor’s license and career. Call us at 561-770-3335 or email [email protected] today for immediate legal help.
