Criminal Defense of Contracting Offenses, Licensure Offenses, and Business Related Crimes

FALSE REPRESENTATION AS LICENSED CONSTRUCTION CONTRACTOR
did falsely hold himself or his business organization out as a construction contractor licensee, certificate holder, or registrant, contrary to Florida Statute 489.127(1)(a) and (2)(a). (1 DEG MISD)

IMPERSONATING A CONSTRUCTION CONTRACTOR
did falsely impersonate a construction contractor certificate holder or a registrant, contrary to Florida Statute 489.127(1)(b) and (2)(a). (1 DEG MISD)

PRESENTING CONSTRUCTION CONTRACTOR CERTIFICATION OF ANOTHER
did present as his or her own, the construction contractor certificate or registration of another, contrary to Florida Statute 489.127(1)(c) and (2)(a). (1 DEG MISD)

GIVING OF FALSE INFORMATION TO BOARD
knowingly gave false or forged evidence to the Construction Industry Licensing Board or a member thereof, contrary to Florida Statute 489.127(1)(d) and 2(a). (1 DEG MISD)

USING SUSPENDED OR CANCELED CERTIFICATE OR REGISTRATION
did use or attempt to use a certificate or registration which had been suspended or revoked, contrary to Florida Statute 489.127(1)(e) and (2)(a). (1 DEG MISD)

ENGAGE IN CONTRACTING WITHOUT CERTIFICATION
did engage in the business or acted in the capacity of a contractor or advertise *(himself/herself) or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified, contrary to Florida Statute 489.127(1)(f) and (2)(a). (1 DEG MISD)

FELONY UNLICENSED CONTRACTING (PRIORS)
(Same as Above) …after having been previously found guilty of a violation of 489.127(1) on (date) in (County) County, Florida, contrary to Florida Statute 489.127(1) and (2)(b). (3 DEG FEL)

ENGAGE IN CONTRACTING VIOLATION DURING EXISTENCE OF STATE OF EMERGENCY
(Same as Above) …. during a state of emergency declared by executive order of the Governor contrary to Florida Statute 489.127(1) and (2)(c). (3 DEG FEL) (LEVEL 1)

OPERATING WITHOUT A QUALIFYING AGENT
did operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent, contrary to Florida Statute 489.127(1)(g) and (2)(a). (1 DEG MISD)

PERFORMING WORK WITHOUT A BUILDING PERMIT
did commence or perform work for which a building permit is required without such building permit being in effect, contrary to Florida Statute 489.127(1)(h) and (2)(a). (1 DEG MISD)

PERFORMING OWNER/BUILDER WORK WITHOUT A BUILDING PERMIT
did improve property at a cost not exceeding $75,000 without a building permit and offer for sale or lease within 1 year after building or improving property for owner occupancy or use, in violation of Florida Statute 489.103(7)(a) and 489.127(1)(i) and (2)(a). (1 DEG MISD)

DISREGARDING/VIOLATING MUNICIPAL/COUNTY ORDINANCE
did willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors, contrary to Florida Statute 489.127(1)(i) and (2)(a).
(1 DEG MISD)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR ($300.00 or more)
did, while a contractor or while performing or contracting or promising to perform work, receive money totaling more than ten percent of the contract price for repair, restoration, improvement or construction to residential real property and did not apply for permits necessary to do work within thirty days after the date payment was made and did not start work within ninety days after the date all necessary permits for work, if any, were issued, contrary to Florida Statutes 489.126(2) and (4) and 812.014(1) and (2)(c). (3 DEG FEL) (LEVEL 2)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR (more than $20,000)
(Same as Above) – amount in excess of $20,0000. Florida Statutes 489.126(2), (3) and (4) and 812.014(1) and (2)(b). (2 DEG FEL) (LEVEL 6)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR (more than $10,000 but less than $20,000)
(Same as Above) – amount in excess of $10,0000 but less than $20,000. Florida Statutes 489.126(2), (3) and (4) and 812.014(1) and (2)(c). (3 DEG FEL) (LEVEL 4)

PETIT THEFT OF MONIES RECEIVED BY CONTRACTOR ($100.00 or more but less than $300.00)
(Same as Above) Florida Statutes 489.126(2), (3) and (4) and 812.014(1) and (2)(e). (1 DEG MISD)

GRAND THEFT OF MONIES RECEIVED BY CONTRACTOR ($20,000 – $100,000)
did, while a contractor, receive more than $20,000 but less than $100,000 for repair, restoration, addition, improvement, or construction of real property, from *(VICTIM) which was in excess of the value of the work performed, with the intent to defraud *(VICTIM) failed or refused to perform any work for a 90-day period, contrary to Florida Statutes 489.126(3)(a) and 812.014(1)(2)(b). (2 DEG FEL) (LEVEL 6)

APPLY FOR / OBTAIN PERMIT FOR CONSTRUCTION WORK NOT CONTRACTED FOR did, as a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, apply for a building permit for construction work while not having entered into a contract to make improvements to, or perform the contracting at the real property specified in the application or permit in violation of Florida Statute 489.127(4)(c) and (d). (1 DEG MISD)

ELECTRIC /ALARM CONTRACTING WITHOUT REGISTRATION /CERTIFICATION did practice electrical or alarm contracting without being registered or certified, contrary to Florida Statue 489.531(1)(a) and (2). (1 DEG MISD)

FAIL TO EQUIP NEW SWIMMING POOL WITH SAFETY FEATURE
did unlawfully fail to equip a new residential swimming pool with at least one pool safety feature as required by Florida Statute 515.27(1), contrary to Florida Statute 515.27(2). (2 DEG MISD)

MISAPPLY PAYMENT RECEIVED FOR REAL PROPERTY IMPROVEMENTS
did receive payment on account of improving real property and did not apply any portion of that payment to the payment of all amounts then due and owing for services and labor which were performed on, or materials which were furnished for, such improvement prior to receipt of the payment; and that the amounts of payments misapplied had an aggregate value greater than $100,000.00, contrary to Florida Statute 713.345(1) (a) and (b)1. (1 DEG FEL) (LEVEL 7)

MISAPPLY PAYMENT RECEIVED FOR REAL PROPERTY IMPROVEMENTS (Same as above) – aggregate value of $1,000.00 or more, but less than $100,000.00 Florida Statute 713.345(1)(a) and (b)2. (2 DEG FEL) (LEVEL 4)

MISAPPLY PAYMENT RECEIVED FOR REAL PROPERTY IMPROVEMENTS (Same as above) – aggregate value of less than $1,000.00
Florida Statute 713.345(1) (a) and (b)3. (3 DEG FEL) (LEVEL 1)

FILING OF FALSE OR FRAUDULENT LIEN
did willfully exaggerated the amount for which a lien was claimed or did willfully include a claim for work not performed upon or materials not furnished for the property upon which *(DEFENDANT) sought to impress such lien or did compile *(his/her) claim with willful and gross negligence as to amount to a willful exaggeration, contrary to Florida Statute 713.31(2)(a) and (3). (3 DEG FEL) (LEVEL 1)

MAKING OR FURNISHING FALSE STATEMENT
did knowingly and intentionally make or furnish to *(VICTIM), a written statement in the form of an affidavit, a waiver or release of lien, or other document, whether or not under oath, containing false information about the payment status of subcontractors, sub subcontractors, or suppliers in connection with the improvement of real property, knowing that *(VICTIM) might rely on it, and part with draw payments or final payment relying on the truth of such statement as an inducement to do so, contrary to Florida Statute 713.35. (3 DEG FEL) (LEVEL 1)

FAILED TO REGISTER FICTITIOUS NAME
did engage in business under a fictitious name without first registering the name with the Division of Corporations of the Department of State, contrary to Florida Statute 865.09(3) and (9)(c). (2 DEG MISD)