Business Law 101 / The Unlicensed Practice of Hurricanes

By Albert L. Kelley, Esq.

During the last few weeks, I have met some of the most selfless, giving people during my travels through the Keys. Hurricanes can bring out the best in people. But hurricanes can also bring out the worst in people. Whenever there is a tragic event, there are people who will try to take advantage of the victims. We see it especially in people who claim to be licensed but aren’t. Anyone who has been here long enough to remember Hurricane Georges likely remember stories about roofers who came in from out of town, took money for jobs and then left. But it is not just roofers. All sorts of con-men come with the aftermath.

First are the public adjusters. There will be a lot of insurance claims filed as a result of the hurricane. The insurance companies often try to underestimate the damage to keep their costs down. You can challenge this amount by hiring a public adjuster. Public adjusters can review your damage and assist the homeowner in negotiating a claim with the insurance company. Public Adjusters are licensed by the Dept. of Financial Services and must carry a $50,000 bond. You can check the status of a public adjuster’s license by going to the Dept. of Financial Services website at https://www.myfloridacfo.com/Data/AAR_ALIS1/index.htm.

After the adjusters come through, the contractors and roofers will appear. Contractors, even specialty contractors must be licensed and insured. However, not every job requires a contractor. For example, a contractor is not required for drywall work that does not require any electrical, plumbing or air conditioning work, or that requires any additional work on load bearing walls. Contractors are not required for the installation of cabinets or for the installation of wood or tile floor covering. This does not mean those services do not require a building permit though. But for demolition services, services to construct or remodel a building, any electrical, plumbing or air conditioning work, you need a licensed contractor or specialty contractor. Contractors are licensed through the Florida Department of Business and Professional Regulation. Each Registered or Certified Contractor must include his or her license number on any bid, contract, advertisement, and vehicle if the vehicle displays his name or any writing or logo that indicates the vehicle is used for construction purposes. You can check the status of a contractor’s license by going to the Dept. of Business and Professional Regulation website at https://www.myfloridalicense.com.

Finally are the lawyers. Now this is an interesting category as you are not likely to find anyone holding themselves out as an attorney who is not licensed. But what you will find are people giving legal advice who are not licensed to do so. For example, if your insurance adjuster tries to explain your insurance contract to you, he is likely illegally practicing law. Many times people will ask a paralegal to assist with completing forms. This is not legal. Paralegals are licensed to assist attorneys, not the public. This issue is highly enforced by the Florida Bar. If someone offers to help you fill out insurance, FEMA, SBA or any other legal forms it is likely illegal. Nonlawyers can only perform secretarial services, typing in the information you have provided to them on preprinted forms. If they suggest any information or advise you even which form to complete, they are practicing law without a license. You can check the status of a lawyer’s license by going to the Florida Bar’s website at https://www.floridabar.org/.

Some groups do not require licenses, but will act as if they do. This group includes crews with chainsaws claiming to be licensed and insured, offering to cut down fallen trees in your yard. Arborists are not licensed, but can receive a certification from the International Society of Aboriculture. The only license they must have is an occupational license issued by the City and County. They do need to be insured and should show you their insurance information before working. Because insurance documents can be fraudulent, it might be a good idea to call the insurance company to confirm the policy. The last thing you need is for them to start cutting a tree and have it fall on your house.

Practicing any licensed profession without holding the license can lead to criminal charges for the person performing the service and can leave the homeowner with unenforceable contracts, problems that cannot be redressed by the courts and thousands of dollars in lost funds.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord/Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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