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Unlicensed Contractor and Permitting Issues
If you plan to hire a contractor, it is always a best practice to check they are licensed with the State of Florida. Click on the link above to search the State of Florida Department of Business and Professional Regulation | PHCC Member / Licensed Contractor Search SWFL PHCC verifies every member to confirm they hold a current license with the FL DBPR, holds workman's comp insurance and does not have any negative remakes with the BBB. |
PHCC Unlicensed Contractor Activity Incident Report
Help protect our industry and community by reporting unlicensed contractor activity. Use our anonymous Incident Report Form, and PHCC will forward the information to the DBPR Construction Industry Licensing Board for further investigation.
Your report ensures:
Your identity will remain confidential, and each report plays a vital role in maintaining industry standards. Thank you for contributing to a safer, more professional work environment!
Industry Experience Matters: Help Us Build an Expert Witness ResourceFollowing our sold-out Unlicensed Contractor Activity Panel on September 17, SWFL PHCC and MACCA are continuing the conversation by taking a closer look at several important topics raised during the event. One of those topics was the need for qualified industry professionals who may be able to serve as expert witnesses or technical consultants. During the panel discussion, we heard firsthand from law enforcement, regulatory officials, and representatives from the State Attorney’s Office about the challenges involved in investigating and pursuing cases involving unlicensed contracting activity. These cases—and many other legal and insurance matters involving plumbing and HVAC systems—can require experienced professionals who are able to evaluate work, explain industry standards and code requirements, identify improper installations or workmanship, and provide knowledgeable, objective opinions. We know that there is an incredible amount of experience within our own membership. Many of our members have spent decades working in the plumbing and HVAC industries and have developed specialized expertise in areas such as code compliance, construction defects, gas systems, water damage, system failures, improper installations, estimating, and accepted industry practices. We would like to help connect that expertise with the professionals who may need it. SWFL PHCC and MACCA are working to develop an Expert Witness & Technical Consultant Resource that can be made available to local attorneys, insurance professionals, investigators, and others seeking qualified industry professionals. You do not need to have previously served as an expert witness to express interest. If you have significant industry experience or specialized knowledge and would be interested in learning more about opportunities to provide technical consultation or expert-witness services, we would like to hear from you. We are asking interested members to complete a brief questionnaire providing information about their professional background, licenses and certifications, areas of expertise, years of experience, geographic availability, and any previous expert-witness or consulting experience. Interested in participating? |
| FILL OUT QUESTIONNARIE HERE |
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Information submitted will be reviewed before inclusion in the resource. Participation does not obligate a member to accept an assignment, and professionals will always have the opportunity to determine whether a particular matter falls within their area of expertise. Inclusion in the resource also does not guarantee that a member will be offered an assignment, as opportunities will depend on the needs and availability of attorneys, insurance professionals, investigators, and others seeking expert or technical assistance. This is another way we can showcase the tremendous knowledge within our associations while providing a valuable resource to our local legal, insurance, regulatory, and business communities. |
The more detailed and well-documented the complaint, the more helpful it can be to the agencies responsible for investigating it.
Law enforcement and regulatory agencies need information they can act on. While a suspicion or general concern may be enough to start asking questions, providing specific details, photographs, documentation, and other evidence can help investigators better understand what may be occurring and determine the appropriate next steps.
What Should You Document?
If you encounter a situation where you believe unlicensed contracting activity may be taking place, consider documenting as much of the following as you can lawfully and safely obtain:
The goal is not to conduct your own investigation. It is to provide the investigating agency with clear, factual information that helps establish who was involved, what work was being performed, where and when it occurred, and what evidence may be available.
Photos and Videos Can Be Valuable
Panelists specifically discussed the value of photographs and video.
If you are already lawfully present at the property or jobsite, such as when you have been called there to inspect, evaluate, repair, or perform work, documenting conditions you are permitted to observe may provide valuable evidence.
This can include photographs or video of work that has already been performed, equipment or materials being installed, visible code or workmanship concerns, or other conditions relevant to the suspected activity.
However, contractors should not enter property without permission, trespass, or attempt to gain access solely for the purpose of collecting evidence.
Law enforcement may have legal requirements—including obtaining a search warrant in appropriate circumstances—before entering private areas to gather additional evidence. That is one reason information collected by people who are already legitimately on site can be particularly useful.
Stick to the Facts
Another important consideration is to distinguish between what you personally observed and what you were told by someone else.
For example, instead of reporting:
“They are definitely an unlicensed contractor.”
It is more useful to provide facts such as:
“I observed this individual installing plumbing equipment at the property on September 10. The homeowner provided me with an invoice from the individual, and I was unable to locate a contractor license under the company name shown on the invoice.”
Allow the investigating agency to determine whether a violation occurred.
Don't Put Yourself in the Middle
You do not need to confront the suspected contractor or advise them that you intend to report the activity.
Your role is simply to document what you can safely and legally document and provide that information to the appropriate agency.
A detailed complaint can give investigators a much better starting point than a report that simply says, “I think someone is doing unlicensed work at this address.”
Good Information Helps Build Better Cases
Licensed contractors are often in a unique position to recognize work that may raise concerns. You understand the trade, know what requires licensing and permitting, and may be called to properties after problematic work has already taken place.
When reporting suspected unlicensed activity, specific facts, documentation, photographs, records, and firsthand observations can make a significant difference.