In November 2024, after Hurricanes Helene and Milton, the Florida Department of Business and Professional Regulation (DBPR) announced the results of a two-week operation in Pinellas County with the Sheriff's Office. DBPR says it "resulted in more than 50 arrests" and that the people caught had solicited payment for 85 projects, from plumbing and electrical to roofing and structural repairs. DBPR says 21 of them were from outside the county and many had prior records.
Our first post covered what a handyman can legally do in Florida without a license. This one covers the other side: what actually happens, step by step, when the state or Pinellas County decides you crossed the line. We hold a Florida Certified General Contractor license and run a handyman and remodeling company, so we see both sides. This is educational information, not legal advice; if you're facing a case, talk to a Florida attorney.
The short answer
- More than one agency can act on the same job: DBPR, Pinellas County's licensing board and law enforcement. Florida law says DBPR's remedies "are not exclusive and may be imposed in addition to" criminal penalties, and that nothing stops DBPR "or any local governing body from filing a civil action or seeking criminal penalties" (s. 489.13(7)).
- The state can fine you up to $10,000, plus its investigation and legal costs.
- A county citation can run up to $2,000, and up to $2,500 a day per violation if it goes to a hearing and you lose.
- It's a crime. A first offense is a first-degree misdemeanor. A second offense after you've been found guilty of one, or any offense during a Governor-declared state of emergency, is a third-degree felony.
- You may not get paid. You can't enforce the contract and you get no lien rights.
- A bid can be enough. Advertising or offering licensed work counts, not just doing it.
How cases start
Cases can start several ways:
- A complaint to DBPR or the county. DBPR says the usual confidentiality for complaints "does not apply to actions against unlicensed persons," so a complaint against an unlicensed person can become public.
- An ad. Pinellas County's report form takes complaints about online advertising, and a 2024 county hearing agenda lists citations for unlicensed contractors "advertising... via website." Florida law treats advertising licensed work as a violation by itself (s. 489.127(1)(f)).
- A sting. DBPR says its Tampa field office "performed stings where individuals were provided the opportunity to offer services that require a license," and that once someone gives "a bid, proposal or performance of the service to an undercover investigator," cases are opened. The Pinellas County Sheriff's 2018 "Operation Cast Out" in Madeira Beach arrested 35 people found "advertising on websites to include Facebook, Craigslist, Next Door."
What DBPR can do
DBPR's Division of Regulation investigates unlicensed activity statewide. It reported 4,853 unlicensed-activity complaints investigated and 2,026 enforcement actions in 2025, across all the professions it regulates.
- Notice to cease and desist. When DBPR has probable cause, it can deliver a notice to stop. That notice "shall not constitute agency action for which a hearing... may be sought," and DBPR can go to court to enforce it (s. 455.228(1)). It can also go to anyone "who aids and abets the unlicensed practice of a profession by employing such unlicensed person."
- Stop-work order. DBPR "may issue a stop-work order for all unlicensed work on a project" when it has probable cause (s. 489.127(3)).
- Fines. For construction, "the department may impose an administrative fine of up to $10,000 on any unlicensed person guilty of unlicensed contracting," plus "reasonable investigative and legal costs" (s. 489.13(3)).
- Citations. Under the general statute, a DBPR citation becomes a final order if you don't dispute it within 30 days, and "Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation" (s. 455.228(3)).
- Referral for prosecution. DBPR "shall report any criminal violation... to the proper prosecuting authority" (s. 455.2277).
- A public list. The law requires DBPR to create a web page listing known unlicensed contractors "by name or by county" (s. 489.13(6)).
DBPR's fine guidelines
DBPR's disciplinary rule sets these fines "for each count or separate violation found" (Rule 61-5.007, F.A.C.):
| Violation | 1st | 2nd | 3rd and later |
|---|---|---|---|
| Using a title (like "contractor") without the license | $1,000 | $2,500 | $5,000 |
| Advertising or offering to do licensed work | $1,500 | $3,000 | $5,000 |
| Actually doing licensed work | $3,000 | $4,000 | $5,000 |
The rule adds that violations of s. 489.127(1) "may result in the imposition of a $10,000 administrative fine," and lists factors that raise or lower a fine, including damage to the customer, the number of repeat offenses and "Any efforts at rehabilitation."
One bit of good news: DBPR "may waive up to one-half of any fine imposed if the unlicensed contractor complies with certification or registration within 1 year" (s. 489.13(3)). Getting licensed can lower the state fine, though it doesn't erase criminal charges or county citations.
What Pinellas County can do
The Pinellas County Construction Licensing Board (PCCLB) still exists; the Legislature reenacted it in 2024 (Ch. 2024-294, Laws of Florida). That law lets it "issue cease and desist orders" and "issue citations in accordance with s. 489.127(5)." The board's site says "Fines for unlicensed contracting start at $500."
Here's how a local citation works under s. 489.127(5):
- The work stops immediately. "The act for which the citation is issued shall be ceased upon receipt of the citation."
- The citation is capped at $2,000. "The maximum civil penalty which may be levied may not exceed $2,000."
- You have 10 days to contest it, "exclusive of weekends and legal holidays." If you don't, that's "deemed an admission of the violation."
- A hearing can cost more. If you contest and lose, the magistrate can order "not more than $2,500 per day for each violation," and "Each day a willful, knowing violation continues shall constitute a separate offense."
- It can become a lien. A recorded order "shall constitute a lien against any real or personal property owned by the violator," and after 3 months the county can move to foreclose on it, though the statute says it may not be foreclosed on a homestead.
- Don't refuse to sign. Willfully refusing to sign and accept a citation "commits a misdemeanor of the second degree."
In Pinellas, these cases go before the county's Special Magistrate. A 2024 agenda lists PCCLB citations for unlicensed remodels, structural framing and advertising.
Criminal charges
Under s. 489.127(2):
- First offense: "a misdemeanor of the first degree," punishable by up to 1 year in jail and a $1,000 fine (s. 775.082, s. 775.083).
- Second offense after a prior guilty finding: "a felony of the third degree," up to 5 years and a $5,000 fine.
- During a declared emergency: a violation "during the existence of a state of emergency declared by executive order of the Governor" is also a third-degree felony, even on a first offense.
That last one is why storm season is the most dangerous time to take work you're not licensed for. After a hurricane, the felony rule applies while the emergency is in effect, and that's when DBPR has run operations like the Pinellas one in 2024 and a Lee County one in 2025, where it says 9 people were charged, including with "felony State of Emergency violations."
You may not get paid, and you may owe more
- Your contract is unenforceable by you. Contracts "by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor," and "no lien or bond claim shall exist in favor of the unlicensed contractor" (s. 489.128). The customer can still enforce it against you.
- Triple damages. If a customer sues over your "negligence, malfeasance, or misfeasance" and you're neither state-certified nor locally licensed, "the consumer shall be entitled to three times the actual compensatory damages sustained in addition to costs and attorney's fees" (s. 768.0425).
- No recovery fund for your customer. Florida's Homeowners' Construction Recovery Fund only covers violations "committed by a licensee" (s. 489.141(1)(c)).
Licensed contractors can get caught too
Lending your license is its own violation. A licensed contractor "may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered," or pull a permit without a contract for that job (s. 489.127(4)). That's a misdemeanor, and a felony on repeat. The licensing board can also fine a licensee up to $10,000 per violation for helping someone contract unlicensed when the licensee knows, or has reasonable grounds to know, they're unlicensed (s. 489.129(1)(d)–(e)).
How to stay on the right side
- Know where the line is. Our handyman licensing guide covers the $2,500 minor-work exemption, Pinellas County's $500 limit and what's never exempt.
- Turn down or refer licensed work, especially after a storm.
- Watch your ads. Don't advertise "contractor," roofing, electrical, plumbing, A/C or structural work you can't legally do.
- Never ask a homeowner to pull an owner-builder permit for you. DBPR lists that as a warning sign of unlicensed contracting.
- Get licensed. Then licensed work is legal for you, and if you're already facing a DBPR fine, DBPR may waive up to half of it if you get licensed within a year.
Frequently asked questions
What is the penalty for unlicensed contracting in Florida?
A first offense is a first-degree misdemeanor, and a second offense after a conviction, or any offense during a declared state of emergency, is a third-degree felony (s. 489.127(2)). DBPR can also fine you up to $10,000 plus costs (s. 489.13(3)).
Can I get a felony for contracting without a license in Florida?
Yes. It's a third-degree felony if you were previously found guilty of the same violation, or if you do it during a state of emergency declared by the Governor (s. 489.127(2)(b)–(c)).
How much is a Pinellas County citation for unlicensed contracting?
State law caps a local citation at $2,000, and up to $2,500 per day per violation if you contest it at a hearing and lose (s. 489.127(5)). The PCCLB says its fines for unlicensed contracting start at $500.
Can an unlicensed contractor sue a homeowner for payment in Florida?
Not on a contract that required a license. Florida law makes that contract unenforceable by the unlicensed contractor and removes lien rights for that work (s. 489.128).
How do people report unlicensed contractors in Pinellas County?
Through the Pinellas County Tipline at (727) 582-6767 or the county's online form, and statewide through DBPR's unlicensed activity hotline at (866) 532-1440. The county says its code inspectors "generally may not investigate anonymous complaints."
Sources
- DBPR: Action against unlicensed contractors after Hurricanes Helene and Milton (Nov 4, 2024)
- DBPR: National effort to fight unlicensed activity (June 2023)
- DBPR: Action against unlicensed contractors in Lee and Monroe Counties (Feb 2025)
- DBPR: 2025 accomplishments
- DBPR: Division of Regulation complaints
- DBPR: File a complaint
- Pinellas County Sheriff's Office: Operation Cast Out (2018)
- Pinellas County Construction Licensing Board
- Pinellas County: Construction Licensing Board special district
- Pinellas County: Unlicensed contracting report form
- Pinellas County Special Magistrate agenda, Apr 22, 2024 (PDF)
- Chapter 2024-294, Laws of Florida
- Florida Statutes 489.127: prohibitions and penalties
- Florida Statutes 489.128: unenforceable contracts
- Florida Statutes 489.129: disciplinary proceedings
- Florida Statutes 489.13: unlicensed contracting fines
- Florida Statutes 489.141: recovery fund eligibility
- Florida Statutes 455.228: unlicensed practice of a profession
- Florida Statutes 455.2277: prosecution of criminal violations
- Florida Statutes 768.0425: damages against unlicensed contractors
- Florida Statutes 775.082 and 775.083: criminal penalties
- Florida Administrative Code Rule 61-5.007: unlicensed activity fines