Question 1

What are the penalties for unlicensed activity in Florida?

Accepted Answer

FL unlicensed activity: performing activities that require a professional license without holding a valid license. Common areas: real estate (Section 475.42: unlicensed RE activity is a third-degree felony), contracting (Section 489.127: unlicensed contracting is a first-degree misdemeanor; repeat offense: third-degree felony), law (Section 454.23: unauthorized practice of law is a third-degree felony), and insurance (Section 626.902: unlicensed insurance activity is a third-degree felony). Penalties: criminal (fines: $1,000-$5,000; imprisonment: 60 days to 5 years depending on the offense), civil (the unlicensed person cannot enforce contracts or collect compensation for the unlicensed work), and administrative (DBPR: can issue cease and desist orders and refer for criminal prosecution).

Question 2

What happens to contracts performed by unlicensed persons in Florida?

Accepted Answer

Contracts: generally unenforceable. FL law: if a person performs work that requires a license and they are unlicensed: they cannot enforce the contract (they cannot sue for payment), the other party may be able to void the contract (rescission), and the unlicensed person may be required to return any payments received. Example: an unlicensed contractor who builds a home addition: cannot sue the homeowner for payment (even if the work was properly performed). However: the homeowner cannot void the contract simply to avoid payment if they knew the contractor was unlicensed and accepted the work.

Question 3

How does DBPR enforce licensing requirements in Florida?

Accepted Answer

DBPR enforcement: the FL Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating professionals. Enforcement: complaints (anyone can file a complaint with DBPR: the public, other professionals, or law enforcement), investigation (DBPR investigators: verify whether the person is licensed, investigate the allegations, and gather evidence), administrative action (DBPR can: issue cease and desist orders, impose fines, and refer cases to the State Attorney for criminal prosecution), and public database (DBPR maintains an online license verification database: the public can verify whether a professional is licensed). Sting operations: DBPR regularly conducts undercover operations to identify unlicensed activity.

Unlicensed Activity Penalties

Unlicensed Activity Penalties in Florida

Penalties

Common Areas

DBPR Enforcement

Related Terms

Barnes Walker Business Law

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