Jerry Wilson, Director
Division of Regulation
1940 N Monroe Street
Tallahassee, FL 32399-2212
Phone: 850.488.6603
Fax: 850.921.2124
- File a Complaint
- Contact Division
- Unlicensed Activity
- Inspection Program
- Child Labor Program
- Alternative Dispute
Resolution Program - Farm Labor Program
Division of Regulation
Unlicensed Activity ProgramFrequently Asked Questions |
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Division of Certified Public Accountants
2. Will my Complaint be confidential? 3. Can I file an anonymous complaint? 4. Will I have to be a witness at a trial? 5. Can the department help me recover money I have lost to the unlicensed person? 6. How do I file a complaint against an unlicensed person? 7. How often will I be contacted? 8. My case against the unlicensed contractor was accepted. What happens now? 9. What happens when the investigation is completed? 10. I filed a complaint against an unlicensed contractor. Why was the contractor issued a Citation? 13. Does the department have an outreach or speaker program?
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1. A. We investigate unlicensed complaints in accordance with Chapter 455, Florida Statutes. Section 455.225(1) Florida Statutes states,
For example, if your complaint is against an unlicensed contractor, we may ask for a copy of the contract and proof of payment such as the front and back of the canceled checks.
Sometimes, people file complaints against contractors who do not need to be licensed by The Department of Business & Professional Regulation. For example, painters, carpenters and tile installers do not need a license issued by us. Sometimes the county or city where you live will license these occupations. Complaints about these occupations will be referred to the local county or city government entity for investigation and prosecution. You may also want to consult an attorney regarding your situation. The Florida Bar Association may be able to help you find an attorney in your area.
You may wish to review the department's list of What Services Require a DBPR License Page.
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2. A. When a complaint is investigated, the department must provide a copy of your complaint to the subject of the investigation. Complaints of unlicensed activity are always public record.
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| 3. A. Yes. Section 455.225(1), Florida Statutes states,"the department may investigate an anonymous complaint if the complaint is in writing and is legally sufficient, if the alleged violation of law or rules is substantial, and if the department has reason to believe, after preliminary inquiry, that the violations alleged in the complaint are true."
Callers to the Unlicensed Activity Hotline, 1.866.532.1440, who provide a tip regarding potential unlicensed activity may remain anonymous. Individuals who wish to contact us using the email account ULA@dbpr.state.fl.us, must understand that unlicensed complaints and emails are open to public records laws and may become a part of the department's investigative file.
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4. A. If you file a complaint, you may be called as a witness by the department in any administrative proceeding against the unlicensed person, although most administrative cases are settled without the necessity of witnesses.
Unlicensed activity cases are also referred to the local State Attorney for review for possible criminal prosecution. If a criminal case arising out of the facts of your complaint is filed by the State Attorney, it is a separate proceeding handled by the local State Attorney's Office, and you may be called as witness to testify in that proceeding as well.
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5. A. The department has no statutory authority to order restitution of lost money. Under very limited circumstances, the department may be able to assist you in recovering money through settlement negotiations. Unlicensed activity cases are both administrative and criminal in nature, and both the administrative and criminal processes are punitive in nature. The criminal justice system has authority to order restitution. The department prosecutes unlicensed activity cases in the administrative process, but restitution is not guaranteed.
Unlicensed activity cases are also referred to the local State Attorney's Office for review for possible criminal prosecution. If a criminal case arising out of the facts of your complaint is filed by the State Attorney, it is a separate proceeding handled by the local State Attorney's Office, and you may be called as a witness to testify in that proceeding. The State Attorney's case number will not be the same as the department's case number.
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6. A. You may file a complaint in person, by mail or by fax at 850.921.2134. Complaint forms are available on-line. You may also email your complaint form to ULA@dbpr.state.fl.us. The department's address is:
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7. A. The department will notify you in writing at various stages in the complaint process, including:
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8. A. The investigator assigned to your case will contact you for an interview and to collect documents that support the allegation of unlicensed activity. The investigator may also ask you to provide a sworn statement and to identify the subject of your complaint. Our investigator may issue the unlicensed person or business a Notice to Cease and Desist the unlicensed activity.
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9. A. When we complete our investigation, we report our findings to the department’s attorneys and to the State Attorney in your county. The department’s prosecuting attorney may also file formal charges in the administrative law court against the unlicensed person which can result in civil fines of up to $10,000 per violation. Our department's attorneys or someone from the State Attorney’s Office may contact you if your case goes to trial.
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10. A. Our investigators may issue the unlicensed person a citation, which includes a fine of $1,000 or $2,500) depending on the nature of the unlicensed activity) and/or Notice to Cease and Desist the unlicensed activity, in certain cases when there are no previous complaints, and when there is no evidence of financial harm.
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11. A. A sweep is a pre-emptive or proactive enforcement action performed in areas of known or suspected unlicensed activity. Department investigators generally perform these enforcement actions in conjunction with another state agency, law enforcement or local municipal agency. Notices to Cease and Desist, Citations, or the opening of cases are enforcement actions taken during Division of Regulation sweeps.
In addition to locally performed sweep operations, the Division of Regulation coordinates efforts between all ten of our regional and satellite offices throughout the state for a Statewide Initiative on a quarterly basis. These statewide proactive campaigns are often combined with sting operations and educational outreach opportunities. The goal is to increase awareness of the hazards of hiring unlicensed persons, and to curtail the unlicensed activity.
To learn more about our proactive enforcement actions, please visit the Unlicensed Activity Statistics & Reports page of our website.
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12. A. A sting is an enforcement action in which the Division of Regulation provides individuals the opportunity to offer services that require licensure through bids, proposals or performance of the service. Undercover investigators and/or law enforcement personnel pose as potential customers during these stings. The resulting enforcement action could be any one or a combination of the following actions: arrest, issuance of a Notice to Cease and Desist, a Citations or administrative prosecution by the department. The objective is to curtail unlicensed activity in an effort to protect the public.
Sting operations are also performed as a result of a report of unlicensed activity at a particular location or business. The unlicensed person is provided the opportunity to offer and provide the service which requires licensure. The sting is usually carried out at the location where the unlicensed person performs the unlicensed service. Examples of typical single service stings include the professions of cosmetology, barbers and veterinarians.
To learn more about our proactive enforcement actions, please visit the Unlicensed Activity Statistics & Reports page of our website.
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13. A. Yes. The Unlicensed Activity Program offers outreach programs to the public, to professional associations, and to law enforcement.
If you are part of an interested organization, business, civic or neighborhood group please call our office and request that a representative from the department appear as a guest speaker at your meeting. We will consider requests on a first come, first serve basis. When requesting a program please have the following information available:
850.488.6603
To learn more about our proactive outreach and enforcement actions, please visit the Unlicensed Activity Statistics & Reports page of our website.
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