Contractor vs general contractor in Florida

What is the difference between a contractor and a general contractor in Florida?

“Contractor” is the legal umbrella term; “general contractor” is the one license category whose work is not limited by type. Under s. 489.105, a contractor is a person who, for compensation, bids or undertakes, or does personally or through others, the construction, repair, alteration, remodeling or improvement of a building or structure for others. A general contractor may contract for any activity that requires a license under the chapter, except as s. 489.113 provides otherwise.

In everyday speech people call whoever runs the job the “GC.” In licensing terms, the useful question is which license category the person holds and whether it covers your work. A contractor may act as prime contractor and subcontract the rest to other licensed contractors (s. 489.113(9)). For how a general contractor charges and what Florida says about deposits, see how a general contractor charges.

What do CGC, CBC and CRC mean, and what is certified versus registered?

CGC, CBC and CRC are the codes for certified general, building and residential contractors; certified means a statewide license, registered means a license tied to specific local jurisdictions. The scope of each is set in s. 489.105(3), and the codes appear in the state’s license-code list.

A certified contractor holds a certificate of competency from the state and may contract anywhere in Florida without meeting a local jurisdiction’s competency requirements. A registered contractor has registered with the state after meeting the competency requirements of a specific jurisdiction, and may contract only there (s. 489.105(8) and (10)). Working outside the geographic scope of a registration counts as unlicensed activity (s. 489.13). A company is qualified to contract through a qualifying agent who holds the license (s. 489.119).

Which license does a kitchen remodel need?

It depends on what the project touches: structure, plumbing and electrical, or only cabinets, counters and finishes.

• Structural changes, such as removing a load-bearing wall: a general, building or residential contractor is responsible for structural components (s. 489.113(3)). Compare your building’s height and type with the table above, because only a general contractor’s scope has no building limit.
• Plumbing, electrical, mechanical and air conditioning: a contractor must subcontract this work unless it holds the trade license (s. 489.113(3)). Ask who performs it.
• Cabinets, flooring, painting, tile and stone installation: the statute lists cabinetry, flooring, painting, decorative stone, tile, marble and granite installation, and interior remodeling that includes no task needing a state license among scopes for which a local government may not require a license (s. 489.117(4)). Permit rules still apply, so ask your building department.

A kitchen with new cabinets, stone, moved plumbing and added circuits touches several categories at once, so it is worth asking who the contractor of record is. See what a turnkey kitchen remodel includes and how turnkey kitchen remodeling is organized.

Can a handyman remodel a kitchen in Florida?

Only small jobs. Florida has no handyman license. Work that is minor and priced under $2,500 is exempt; larger or structural jobs are not. The exemption in s. 489.103(9) applies when the total for labor, materials and all other items is under $2,500. It does not apply if the work is part of a larger operation, if a job is split into smaller contracts to avoid the limit, or if the person advertises as a contractor or says they are qualified to contract.

That exemption sits in Part I of the chapter. Electrical and alarm system contracting is regulated separately, and its exemption list has no $2,500 minor-work exemption. A kitchen with new cabinets, counters, plumbing and electrical will likely exceed $2,500 and involve licensed scopes anyway. Separately, starting work that needs a building permit without the permit in effect is a prohibited act (s. 489.127(1)).

Owners have another route: Florida lets you act as your own contractor on your own one- or two-family home if it is not offered for sale or lease, but you must supervise on site and sign the permit application in person (s. 489.103(7)).

How do the $2,500, $7,500 and $15,000 thresholds differ?

Three different dollar figures appear in Florida rules for home projects, and they govern different things; none is permission under another. The licensing exemption above is separate from the permit rules. Florida also requires local governments to exempt some owner work valued under $7,500 from the building permit requirement (s. 553.79), but not electrical, plumbing, structural, mechanical or gas work or work in a flood hazard area, and that exemption does not change who needs a contractor license. See permits in Tampa and Hillsborough County.

What happens if someone works without the right license?

Unlicensed contracting is against the law in Florida, and the unlicensed contractor cannot enforce the contract. Penalties include criminal charges, fines and stop-work orders (ss. 489.127 and 489.13); the statutes set the details.

• Contracts entered into by an unlicensed contractor are unenforceable by that contractor (s. 489.128).
• A local building department may not issue a building permit to someone acting as a contractor without an active certificate or registration in the right category (s. 489.13).
• A local business tax receipt is not a contractor license, and an inactive or suspended license counts as unlicensed.
• The Homeowners’ Construction Recovery Fund covers losses from specified violations by licensed contractors, not unlicensed ones (ss. 489.1425, 489.13).

How do I check what license my contractor holds?

Search the state licensing portal by name or license number, then confirm the type, the status and the business name against your contract. This list is the short version; our guide to checking a Florida contractor license has the full steps.

1. Search by name or license number on the Department of Business and Professional Regulation (DBPR) license portal.
2. Confirm the license type covers your work: CGC, CBC or CRC for building scopes, and separate trade licenses for plumbing, mechanical or air-conditioning work.
3. Confirm the status is current and active, and that any registered license covers your jurisdiction.
4. Match the business: the company on your contract should be the business the qualifying agent qualifies.
5. Read the contract. Residential contracts above $2,500 must carry the recovery fund notice and the lien notice (ss. 489.1425 and 713.015). Our cost guide explains how to compare scopes.

Keep reading

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