DPBR Complaint: You received a Uniform Complaint. What do you do now?

The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more

Auto Insurer Cannot Retain Premium Paid to Reinstate After Non-Payment Cancellation and Deny Coverage for Accident Occurring during Cancellation Period

Even if an insurer maintains right to deny coverage or to rescind a policy or its reinstatement, it cannot have its cake and eat it too. When an insured reinstates a policy after cancellation for non-payment, the insurer cannot deny coverage and retain premium paid for the time period covering the loss event. Florida law … Read more

Fraud, Fraud in the Inducement, the Independent Tort Doctrine, and the Confusion in Florida Courts

Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more

Financially Responsible Officer Designation Not Available for Electrical Companies

Florida Statute 489.119 permits Construction Companies to designate a Financially Responsible Officer (FRO). This allows a construction company to bifurcate the construction responsibilities from the financial responsibilities of the company. This is used, generally, when a construction company utilizes a non-owner construction licensee (general contractor) to qualify the construction business. Allowing the non owner to … Read more

Residential Evictions: 7-Day Notices for Terminating Lease by Landlord for Causes other than Non-Payment of Rent

Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice. It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal … Read more

Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more

Florida DBPR CILB – Finding the Forms to Qualify Business Entities and Additional Entities on DBPR Website

Go to the Website for DBPR Construction Industry http://www.myfloridalicense.com/DBPR/construction-industry/ 2. Click on the Apply for a License Tab   3. Click on your License type. Choose form to Qualify Business or Qualify Additional Business. Forms Include: For new licensees use form 6(x) or 7(x), existing licensees use Form 9. CILB 6-G – Class A air … Read more

Construction Law: Qualifier/Qualifying Agreement – Qualifying Additional Business Entities – Proof of Supervision

In recent years, the Construction Industry Licensing Board (“CILB”)has expressed concerns with qualifiers that qualify more than one business entity. The CILB requires that a licensee appear before the board at a monthly meeting in order for the board to approve such licensee to qualify an additional business. This in-person evaluation is one way the … Read more

Construction Contracting: Contractors Can Contract for Limited Work Outside Scope of License

Contractors Can Contract for Limited Work Outside Scope of License Florida Statute 489.113 specifically allows for licensed general contractors to contract for a limited scope of work outside of their licensure provided the majority of the work to be performed under the contract is within the licensure. A properly licensed contractor must still perform the work,( … Read more

Florida Lien Law: Liens and Leases

Can lienors that perform work on a construction project under a contract with a lessee (tenant) foreclose on the Owner’s interest? Quick Answer: It depends. The not so quick answer starts with a basic rule and continues with exceptions, all found in Fla. Stat. 713.10. Basic Rule: 713.10 (1) Except as provided in s. 713.12, … Read more