Andrew Powell
A new measure would introduce new protections for homeowners who want work performed by an unlicensed vendor.
Spring Hill Republican Sen. Blaise Ingoglia filed the bill (SB 854) to enhance consumer protection by regulating the activities of unlicensed vendors who repair homes.
The bill aims to ensure that these vendors either complete any work within a specified time frame or refund any payments received from homeowners. It seeks to protect homeowners from fraudulent or untrustworthy vendors and establish clear legal consequences for violations.
An unlicensed vendor is defined in the bill as a person who provides or promises to provide services related to a residential home or the extended parcel of land on which the home is located — including driveways, lawns, gardens, landscaping areas, walls, fences and other fixtures on the property — and is someone who is not a contractor as defined in Florida law.
The bill would require that unlicensed vendors who receive money as an initial payment for performance services must apply for any required permit within 30 days after initial payment has been made. If no permits are required, they must initiate work within 30 days after payment.
Exceptions exist if an unlicensed vendor can demonstrate they have just cause for failures to apply for a necessary permit, initiate work or refund payment, or when a customer who made the initial payment for home repair services has agreed in writing to a longer time frame to carry out work, apply for permits or issue a refund.
The bill states, however, that there is a presumption that an unlicensed vendor does not have just cause if they fail to acquire permits or carry out work within 30 days.
It further notes that if a vendor receives money to perform home repairs that are in excess of the value of work actually being carried out, they would be prohibited from refusing to perform the work for any 30-day period or within a time frame mutually agreed upon and specified in the contract.
Homeowners or the homeowner’s representative would be able to make a written demand in a certified letter to the unlicensed vendor which includes a demand to apply for any required permits, to complete the work agreed to, or to refund the payment if the vendor fails to comply.
Violations of the bill’s requirements can lead to criminal charges ranging from misdemeanors to first-degree felonies, depending on the amount of money involved. If passed, the bill would come into effect July 1.
