What Are the Criminal Penalties for Unlicensed Contracting in Florida Under § 489.127?

I’m Tampa Criminal Defense Attorney Rocky Brancato. For over 25 years, I’ve defended clients in Hillsborough County facing charges under Florida’s contracting statutes—including unlicensed contracting, permit fraud, and license-lending violations that carry serious criminal consequences.

What Does Florida Statute § 489.127 Prohibit That The Brancato Law Firm Defends Against?

Florida’s unlicensed contracting statute is broad and aggressive. Specifically, it doesn’t just target people performing construction work without a license—it criminalizes a wide range of conduct connected to contractor licensing. In our experience defending these cases in Hillsborough, Pinellas, and Pasco Counties, many clients are shocked to learn how easily a business dispute or paperwork lapse can turn into a criminal case.

Because the statute casts such a wide net, The Brancato Law Firm regularly sees cases where a contractor’s certification lapsed during a project, where a handyman performed work that crossed the licensing threshold, or where a business owner genuinely believed they maintained compliance. Although the prosecution doesn’t always distinguish between intentional fraud and honest mistakes, we do.

What Are the Penalties for Unlicensed Contracting Charges in Tampa and Hillsborough County?

The penalties under § 489.127 escalate quickly based on prior history and the circumstances of the offense. As a result, early contact with a criminal defense attorney matters—because what starts as a first-offense misdemeanor can become a felony if you do not handle it properly.

Can a Licensed Contractor Face Criminal Charges for Lending Their License Number in Florida?

Yes—and this is one of the most overlooked risks in the contracting industry. Specifically, Section 489.127(4) criminalizes what contractors commonly call “license lending” or “pulling permits” for an unlicensed person or unqualified business organization.

In our practice, we have defended licensed contractors in Hillsborough County who entered into informal arrangements—sometimes with family members or long-time associates—without realizing the criminal exposure. Because The Brancato Law Firm understands the nuances of these arrangements, we build defenses around the specific facts of each case, including whether the contractor had actual knowledge that the arrangement violated the statute.

What Happens When DBPR Issues a Stop-Work Order for Unlicensed Construction Work?

Beyond criminal penalties, § 489.127(3) authorizes the Florida Department of Business and Professional Regulation (DBPR) to issue stop-work orders when it finds probable cause to believe unlicensed work is underway. In our experience defending contractors in the Tampa Bay area, a stop-work order often precedes criminal charges—and how you respond to it matters significantly.

How Does The Brancato Law Firm Challenge Stop-Work Orders and Related Criminal Charges?

First, probable cause challenges. The department must establish probable cause before issuing a stop-work order. We examine whether the investigation met this threshold and whether investigators overlooked a valid certificate or registration.

Second, licensing status disputes. Sometimes the issue comes down to timing—for instance, a qualifying agent left the business, or a renewal sat pending. In cases like these, we have argued successfully that the contractor did not truly operate as “unlicensed” at the relevant time.

Third, enforcement overreach. The DBPR can enforce stop-work orders through cease-and-desist actions under § 455.228. However, The Brancato Law Firm scrutinizes whether the department followed proper procedures and whether the order was proportionate to the alleged violation.

Can Local Code Enforcement Officers in Tampa Prosecute Unlicensed Contracting?

Yes. Section 489.127(5) gives counties and municipalities the authority to designate code enforcement officers to enforce unlicensed contracting laws. In Hillsborough County and the City of Tampa, this means local code enforcement can issue citations carrying civil penalties up to $2,500 per day for each violation.

Importantly, the code enforcement process includes the right to an administrative hearing before a licensing board or special magistrate. The Brancato Law Firm represents contractors at these hearings because the outcome directly impacts potential criminal exposure. Because we understand how the 13th Judicial Circuit and Hillsborough County enforcement boards operate, we prepare cases to prevent escalation from civil citation to criminal charge.

What Defenses Can a Tampa Criminal Defense Attorney Use Against Unlicensed Contracting Charges?

Unlicensed contracting charges are not automatic convictions. At The Brancato Law Firm, we build defense strategies based on the specific facts of each case. Because I served in the Major Crimes Unit of the Hillsborough County Public Defender’s Office and later led operations as Chief Operations Officer, I understand how prosecutors build these cases—and where the weaknesses hide.

Does The Brancato Law Firm Challenge Whether the Work Actually Required a License?

Not all construction-related work requires a contractor’s license. For example, Florida law provides exemptions for property owners performing work on their own property, for certain types of minor repairs, and for work below specified thresholds. As a result, we investigate whether the work actually fell within the scope of § 489.127 or whether an exemption applies.

Can The Brancato Law Firm Prove the Contractor’s License Was Valid at the Time of the Alleged Offense?

Florida courts have held that the statute’s prohibitions presuppose the existence of a valid certification. In particular, in State v. Summerlot, the Third DCA confirmed that prosecutors could charge a contractor operating on an inactive certificate—but this also means the prosecution must prove the certificate was actually invalid at the relevant time. Therefore, we obtain and scrutinize licensing records to find gaps in the state’s case.

Does The Brancato Law Firm Raise Lack-of-Knowledge Defenses in License Lending Cases?

For license-lending charges under § 489.127(4), the statute requires that the contractor “knowingly” allowed someone to use their number. This mens rea element serves as a powerful defense tool. Accordingly, we present evidence that our client did not have actual knowledge of the unlicensed use of their credentials.

What Civil Consequences Can Arise from Unlicensed Contracting Charges Beyond Criminal Penalties?

Criminal charges under § 489.127 represent only part of the picture. In addition, unlicensed contracting can trigger civil consequences that affect a contractor’s livelihood, existing contracts, and real property. For this reason, The Brancato Law Firm addresses both the criminal and collateral consequences when defending these cases.

Contract enforceability. Under the related § 489.128, courts may deem contracts that an unlicensed contractor entered into as unenforceable. Notably, the Florida Supreme Court in Earth Trades, Inc. v. T&G Corp. (2013) clarified that the onus falls on the unlicensed contractor—which means your existing contracts and accounts receivable could face serious risk.

Liens on real property. Furthermore, civil penalties from code enforcement can become recorded liens against real and personal property under § 489.127(5)(h), and the local government can enforce them through circuit court foreclosure proceedings.

Workers’ compensation implications. Although the Second DCA held in Central Florida Lumber v. Qaqish (2009) that unlicensed status doesn’t eliminate workers’ compensation immunity, the intersection of licensing violations and employment relationships creates additional legal exposure that we evaluate for every client.

What Do Most Attorneys Miss When Defending Unlicensed Contracting Cases in Florida?

Frequently Asked Questions About Unlicensed Contracting Charges in Florida

Questions About Unlicensed Contracting Defense

Questions About The Brancato Law Firm, P.A.

For more about our defense strategies in contractor licensing and regulatory cases, visit our Criminal Defense Practice Page.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.