Construction Trades ULA Awareness Seminar

1. Friday, September 14, 2012 1  Construction Trades ULA AwarenessSeminar Thank you __________ for inviting the Department of Business and Professional Regulation to your Meeting. Your scheduled speaker could not be here tonight and as the Regional Program Administrator for Region VII – based out of Fort Myers – I have been asked to address you. My name is Sergio Gonzalez and I represent Secretary Holly Benson and the DBPR Division of Regulation. A brief biography is in order, I am graduate of Florida International University where I received a BS (81) and later a Master’s Degree (03) in Information Technology. My background is primarily Law Enforcement - as a retired Metro-Dade Police Department office for 17 years, after retirement I commenced a new career as a State Licensee (Commercial Real Estate) and entrepreneur. During this time I came to realize that there were many unlicensed people attempting to take my business away from me. It is at this time that I thought I could better serve and use my experience in assisting to put these people out of business and searched for a position in the department. I have been with the department since 2000 as an investigator, being promoted to RPA and providing these seminars as a method to provide awareness and instruction to the licensee to better assist us in prosecuting these Unlicensed people. Thank you __________ for inviting the Department of Business and Professional Regulation to your Meeting. Your scheduled speaker could not be here tonight and as the Regional Program Administrator for Region VII – based out of Fort Myers – I have been asked to address you. My name is Sergio Gonzalez and I represent Secretary Holly Benson and the DBPR Division of Regulation. A brief biography is in order, I am graduate of Florida International University where I received a BS (81) and later a Master’s Degree (03) in Information Technology. My background is primarily Law Enforcement - as a retired Metro-Dade Police Department office for 17 years, after retirement I commenced a new career as a State Licensee (Commercial Real Estate) and entrepreneur. During this time I came to realize that there were many unlicensed people attempting to take my business away from me. It is at this time that I thought I could better serve and use my experience in assisting to put these people out of business and searched for a position in the department. I have been with the department since 2000 as an investigator, being promoted to RPA and providing these seminars as a method to provide awareness and instruction to the licensee to better assist us in prosecuting these Unlicensed people.

2. Friday, September 14, 2012 2 A Little About the Department

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4. Friday, September 14, 2012 4 Bureau of Unlicensed Activity Mission: Identify and eliminate the practice of unlicensed activity through the coordinated efforts of the department’s regional offices, local building departments, other state agencies, law enforcement agencies, and the appropriate State Attorney’s Office. Objective: Educate the public of the need to hire only licensed individuals when licensure is required and to conduct operations to identify the practice of unlicensed activity. Once these practices are identified, the department will take appropriate steps to effectively eliminate the activity. These steps may include the issuance of a cease and desist order, the issuance of a citation, or an imposition of administrative fines. Enforcement Activities: Sweeps – 2 per month / region Stings – 2 per year / region Disaster Operations Education Activities: Public Service Announcements Partnership with Bob Vila PSA collection DVD Unlicensed Activity Web Page Brochures and other Literature Public Speaking Engagements Intergovernmental Meetings

5. Friday, September 14, 2012 5 Public Service Announcement This year we partnered with Bob Vila. Our Co-Partner websites are know linked to better serve.

6. Friday, September 14, 2012 6 Changes to 489 There have been changes to Chapter 489 which can hamper and assist the way you do business: New and Better - Owner’s Disclosure Guidance (FORM) 489.128 Contracts entered into by unlicensed contractors unenforceable.– 1(A) “…For purposes of this section, if a state license is not required for the scope of work to be performed under the contract, the individual performing that work is not considered unlicensed….” 489.119 Business organizations; qualifying agents.-- (2) “…the applicant must apply for registration or certification as the qualifying agent of the business organization…” CILB like ECLB no longer requires that a Business obtain a QB License, however it must still be Qualified.

7. Friday, September 14, 2012 7 What constitutes ULA Obvious – No State or Local Licensure Business Tax Receipt is not sufficient for licensure An increasing number of Tax Collectors are issuing without checking for local or state regulated licensure Person NOT part of the Corporation as provided by www.SUNBIZ.org or a direct employee receiving wages Being paid 1099 wages If a licensee is being paid in this matter they are Aiding and Assisting Unlicensed Activity They can not qualify a business in this manner If a person is being paid in this manner they are acting as an independent contractor and as such require licensure If a person enters into contract with a Homeowner for the completion of a state regulated profession as per the current amendment.

8. Friday, September 14, 2012 8 Moneys received by Licensed Contractors Section 489.126, Florida Statutes- A contractor who receives, as initial payment MORE THAN 10 % (>10 percent) MUST: Apply for permits (if applicable) necessary to do work within 30 days after the date payment is made. Start the work within 90 days after the date all necessary permits are issued, and If work is not started in 90 days a certified letter must be sent to the address on the contract requesting that the construction commence within the next 30 days.

9. Friday, September 14, 2012 9 Ways DBPR is working to fight Unlicensed Activity Toll Free Hot-line for consumers and licensees 1.866.532.1440 Unlicensed Investigators who focus on unlicensed activities. Citation fines for advertising $1,000.00 Citation fines for contracting $2,500.00 Fines for Unlicensed Contracting - $5,000.00 per violation. Increased Collection efforts for fines Locally; Increased cooperation with Local Building Departments Increased LAW ENFORCEMENT cooperation and when possible training Increase in prosecutions through local State Attornies.

10. Friday, September 14, 2012 10 Contacting the Department The Florida Department of Business and Professional Regulation (DBPR) provides up-to-the-minute information about all of our licensed professionals online at www.MyFloridaLicense.com Visit our ULA Cite for Brochures and ULA data To verify a license, please call 850.487.1395 – TALLAHASSEE LOCALLY - REGION VII - 239.338.2376 To report UNLICENSED ACTIVITY call toll-free, 1.866.532.1440. Mailing address: Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399

11. Friday, September 14, 2012 11 QUESTIONS