MyFloridaCode.com

Robert,
 
Look at Chapter 489, Florida Statutes, Part, I, and in particular, Section 489.105, Florida Statutes, for the definitions of the various types of "contractors" regulated by the DBPR, CILB.  
 
Also, check out the DBPR web page on unlicensed activity:
 
http://www.myflorida.com/dbpr/reg/UnlicensedActivity.html  
 
Also, check out the CILB web page for more information:
 
http://www.myflorida.com/dbpr/pro/cilb/index.html 
 
Good luck,
 
Tim
 
Timothy P. Atkinson
Oertel, Fernandez, Cole & Bryant, P.A.
PO Box 1110
Tallahassee, FL 32302
850.521.0700
850.521.0720-fax

________________________________

From: codetalk-bounces at myfloridacode.com on behalf of Rob Harvey / L & H Contracting, Inc.
Sent: Wed 1/28/2009 10:20 PM
To: codetalk at myfloridacode.com
Subject: [Florida Code Talk] Fw: Unlicensed contractors




Robert Harvey
L & H Contracting, Inc.
lhcontracting at tampabay.rr.com
352-280-0061
Fax: 1-866-254-3245


-----Original Message-----
From: "Rob Harvey / L & H Contracting, Inc." <lhcontracting at tampabay.rr.com>

Date: Thu, 29 Jan 2009 03:17:18
To: Glen Mast<glenmast at comcast.net>; <codetalk at myfloridacodetalk.com>
Subject: Re: [Florida Code Talk] Unlicensed contractors


Thanks Glen, I may have rambled on a bit. My question, to whom that may know, is an occupational license acceptable in my trade.commerical drywall,metal framing, and will clib respond to a compliant. And is it spelled out in the florida statute.
Robert Harvey
L & H Contracting, Inc.
lhcontracting at tampabay.rr.com
352-280-0061
Fax: 1-866-254-3245


-----Original Message-----
From: "Glen Mast" <glenmast at comcast.net>

Date: Wed, 28 Jan 2009 21:17:53
To: <lhcontracting at tampabay.rr.com>
Subject: Re: [Florida Code Talk] Unlicensed contractors


I think that you may be mixing two or more different sets of rules.  The
IRS's definition of a subcontractor, the state unemployment division and the
CILB's definition.

If you go to the IRS website and do a search for "subcontractor" you should
find their rules for determining if a person is a sub or an employee.
They don't care about licenses.  It is merely how the person is directed and
the oversight given and the financial responsibility they bear.

The other tax is the state unemployment division.  Their take should be
basically the same as that of the IRS.

As for the CILB I will leave that to someone more knowledgeable.  I can
however say that as far as I know their rules have nothing to do with taxes.

glen mast
MAST DRAFTING & DESIGN




----- Original Message -----
From: <lhcontracting at tampabay.rr.com>
To: <bob at contractorsinstitute.com>
Cc: <codetalk at myfloridacode.com>
Sent: Wednesday, January 28, 2009 8:37 PM
Subject: [Florida Code Talk] Unlicensed contractors


> Can anybody help. Here is the situation. Hiring an unlicensed sub
> contractor, commercial work. I am a state certified drywall contractor
> specializing in interior and exterior metal framing (labor only). The sub
> contractor I am working for is a registered contractor that does framing
> hanging finishing and stucco work directly for the general contractor.
> This sub excepts a business tax (occupational license) as a license to
> perform his labor only work. All of his subs, including myself are paid on
> percentage of completion, weekly draws off a total contract amount and
> 1099 at year end. In an effort to educate him (and myself)  and obtain
> more work from him, where can I look in the Florida statute to further
> discuss this topic with him. Remember it must pertain to sub sub
> contractors. I seem to remember from class that if he were caught he would
> be responsible to pay all back company matched taxes on every employee of
> all unlicensed subs. Here's the kicker all the counties I cal!
> led advised me to call code enforcement, except orange county where I am
> currently working. They said it was ok as long as the sub sub contractor
> was not pulling permits and that they were working under the supervision
> of a real licensed contractor. Finding it harder and harder to compete
> with unlicensed subs. Thanks for your input.
>
> Robert Harvey
> L & H Contracting, Inc.
> Ph: 352-280-0061
> Fax: 1-866-254-3245
> lhcontracting at tampabay.rr.com
>
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