The Penalty for Not Pulling a Permit in Florida

Florida requires appropriate building permits for most construction projects that involve the establishment, alteration, repair, or other work to a structure. The purpose of the permit is to notify the local Building Department about the ongoing construction at the job site. Failing to pull permitting before starting the contracting work can lead to penalty of up to twice the amount of the permit fee in addition to payment of the original permit fee amount.

Additionally, those in the construction industry who obtain permits on behalf of others (e.g., an unlicensed subcontractor) can face punishment of a first-degree misdemeanor.

What Is the Legal Penalty for Hiring Unlicensed Contractors in Florida?

Using an unlicensed contractor to complete construction work, remodels, or other home improvements can have a serious legal penalty. The state of Florida or local governing bodies may seek an injunction judgment or otherwise prevent you from continuing or completing the contracting work. This can lead to delays and lost revenue.

You may also find yourself subject to various fees and penalties from building department. Finally, you open yourself up to exposure of a civil lawsuit from anyone who gets injured on your property.

Recap on the Benefits of a Licensed Contractor vs Non-Licensed Contractor

The benefits of working with a licensed contractor far outweigh any perceived benefits you may think you get from using an unlicensed contractor. The idea of lower labor costs or expedited or bypassing permitting procedures may seem appealing at first glance. However, those benefits lose their value because of the penalties and other issues explained above in addition to the other benefits of using someone with the proper licensure such as:

• Greater trust that your contractor will know about building code standards and will work with inspectors to approve your construction project.
• Confidence that your contractor will have the requisite workers’ compensation insurance, liability insurance, and bonding in the event of an incident.

Reduced risk of your insurer voiding any homeowner’s or other insurance policy

Contractors must demonstrate proof of insurance as part of obtaining a building permit. Unless a contractor has insurance, you could end up paying out of pocket if your homeowner's policy can’t cover the bills. Even in the best-case scenario of a homeowner’s insurance payout, you’ll likely deal with heightened rates as a result.

Liability insurance covers property damage and bodily injury caused by that contractor's work. Your contractor should also have worker’s compensation insurance, which covers employee injuries on the job. 

If your contractor is without a license and these insurance policies, the homeowner could be liable for any accidents that occur. For example, if an employee falls off a ladder, or gets hurt while lifting a heavy object, they can turn around and sue you for damages. Even though the contractor is the one who cut corners, the financial responsibility still falls on you, as they were in your home when it happened.

If you have any questions, please contact Ashley Wagner at the Indian Shores Building Department at phone number 727-474-7786 or email awagner@myindianshores.com.