Florida handyman rules: when you need a licensed contractor

The $2,500 handyman exemption

Section 489.103(9) of the Florida Statutes exempts work of a casual, minor, or inconsequential nature when the total contract price for labor, materials and everything else is less than $2,500. The Department of Business and Professional Regulation (DBPR) explains that, as of July 1, 2020, handyman jobs under $2,500 that are casual, minor, or inconsequential are exempt from state licensure, and it adds: "Typically, work requiring a permit is not of a casual, minor, or inconsequential nature."

The statute puts two limits on the exemption. It does not apply when the job is part of a larger or major operation, whether done by the same or a different contractor, or when the work is split into contracts of less than $2,500, whether to evade the law or otherwise. And it does not apply to a person who advertises as a contractor or otherwise presents themselves as qualified to do contracting.

DBPR also says to check with your building department on whether a job qualifies and whether there are local licensing requirements, because a county or city can have its own.

What needs a license, and what does not

DBPR's unlicensed activity program describes a contractor as someone who demolishes, subtracts from, builds, or improves any building or structure for compensation. Its examples of work that needs a license when done for pay include building a carport or sunroom, building a roof, installing a dishwasher that connects to drinking water, replacing a hot-water heater, installing a central air-conditioning unit, cleaning central air and heat ducts when that requires partly taking the system apart, repairing or replacing swimming pool pumps, plumbing or irrigation work that connects to drinking water lines, and remodeling that alters or replaces a load-bearing wall.

Its examples of work that does not need a state license include painting and installing cabinets, wood or tile flooring, and insulation, and installing or replacing drywall when the contract does not include other work on the load-bearing part of the wall or any plumbing, electrical, or air-conditioning work. Local licensing can still apply.

Why it matters if the person needed a license

Under section 489.127, a person may not act as a contractor, or advertise as available to do contracting, without being registered or certified, and an unlicensed person who does commits a first-degree misdemeanor. The same section prohibits starting or doing work that needs a building permit without the permit in effect. It also says a local business tax receipt is not a license, and that someone working on an inactive or suspended license is considered unlicensed.

Section 489.128 says a contract entered into by an unlicensed contractor cannot be enforced by that contractor, where the work needed a state license; if no state license was required for the work, the person is not considered unlicensed. And under section 713.02(7), no construction lien exists in favor of a contractor who is unlicensed as provided in section 489.128.

These rules are there to protect homeowners, but they are not a plan for a dispute. If you are already in one, talk to a Florida attorney.

How to check before you hire

For any job that looks like it needs a license, look the business up on DBPR's license search, and match the license holder and the business name to the ones on your quote. Ask your building department whether the job needs a permit and whether the county or city requires a local license.

DBPR's Customer Contact Center at (850) 487-1395 answers licensing questions, and its Unlicensed Activity Hotline is (866) 532-1440. Complaints can also be filed online through MyFloridaLicense.com.

Reading a handyman quote

Make sure the price covers labor and materials together, since the $2,500 limit counts both. Be careful with a job quoted just under the limit with a second phase to follow, or with work spread across several small invoices.

Look for anything on DBPR's license list: a connection to drinking water, a water heater, air-conditioning work, roofing, or a load-bearing wall. If the job needs a permit, expect to hire a licensed contractor. And get the price, the scope and the payment terms in writing before work starts.