Can a FL licensed specialty elec contractor do work for an unlicensed telecom contractor?

[ModularMan]

Greetings,
I just need to make sure before I turn down a business opportunity, but I thought the Florida statutes require any contractor doing low voltage electrical work, like pulling network cameras, installing cameras, card readers, etc. is required to be licensed even if they sub-contract out the electrical work to a licensed specialty electrical contractor.
The exception to this would be if a licensed General Contractor subs out the low voltage work to a licensed electrical contractor, which is an acceptable scenario.
In the situation I am looking at, the telecom/networking cabling contractor does not hold a Florida Specialty Electrical Contractors License but wants to sub out the work to me since I do hold a license. They would be billing the end user directly and I would be a sub to the unlicensed contractor.
My understanding is that it would not be legal to do this. Even though the unlicensed contractor is somewhat complying with the requirement to have the work done by a licensed electrical contractor, the fact that they are not licensed as a General or Building Contractor or Electrical Contractor makes the whole thing a violation, correct?
Thanks in advance.

 

[brantmacga]

Good question. You’d need to contact FL DBPR to be sure, but I would think it’s legal.

I say that because EC’s bidding turn-key is typical. My GA license doesn’t cover LV, but I’d always sub out fire alarm and LV. I’ve done the same in FL but with an unrestricted license we would be permitted to do the work ourselves. The subs always buy their own permits and no AHJ has ever asked for a copy of a contract to know who is being paid by whom.

I do know some contractors that have formed LLC partnerships with out of state contractors that hold the contract for the job, with the FL contractor being the qualifier and the entity doing the actual work.

It’s definitely a good question though and not one I’ve really thought about. By definition it does seem that the company hiring you is in the business of contracting which requires a license, but they’re not buying the permit or doing the work.


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[CurrentFlow]

In Florida, an offer for sale (including advertising, sales calls etc) is considered contracting in and requires a dbpr license. If a subcontractor is involved, the subcontracting company also needs a license. The licenses need to be in the same category. As an example, an EC can't hire an ES to do out of scope work. In summary, both the selling company AND the subcontractor need to be licensed.

 

[LarryFine]

If a subcontractor is involved, the subcontracting company also needs a license. The licenses need to be in the same category. As an example, an EC can't hire an ES to do out of scope work.

That sounds like I couldn't hire a plumber to run the gas line for a genny unless I had a plumbing license, too.

 

[Strathead]

That sounds like I couldn't hire a plumber to run the gas line for a genny unless I had a plumbing license, too.

Not to me. You can’t sell the service of plumbing without a license and then hire a licensed plumber to do the work for you.

 

[CurrentFlow]

I want to clarify my opinion that in Florida, any company offering electrical services for sale must hold a valid license. This license number is required to be displayed on business cards, advertisements, and all promotional materials. Furthermore, if a subcontractor is engaged to carry out electrical work, they must also possess the appropriate license for the specific scope of work they are performing.

My interpretation of the law is that a company is prohibited from advertising or providing electrical contracting services, even if they plan to subcontract the actual work to a licensed subcontractor. It's not compliant with the law, in my view, for companies to market licensed services such as surveillance camera or solar panel installations without the necessary license and then attempt to subcontract the work to a licensed subcontractor. This approach, in my opinion, is not legally permissible.

 

[texie]

Greetings,
I just need to make sure before I turn down a business opportunity, but I thought the Florida statutes require any contractor doing low voltage electrical work, like pulling network cameras, installing cameras, card readers, etc. is required to be licensed even if they sub-contract out the electrical work to a licensed specialty electrical contractor.
The exception to this would be if a licensed General Contractor subs out the low voltage work to a licensed electrical contractor, which is an acceptable scenario.
In the situation I am looking at, the telecom/networking cabling contractor does not hold a Florida Specialty Electrical Contractors License but wants to sub out the work to me since I do hold a license. They would be billing the end user directly and I would be a sub to the unlicensed contractor.
My understanding is that it would not be legal to do this. Even though the unlicensed contractor is somewhat complying with the requirement to have the work done by a licensed electrical contractor, the fact that they are not licensed as a General or Building Contractor or Electrical Contractor makes the whole thing a violation, correct?
Thanks in advance.

I think you summed up the Florida laws regarding contracting pretty well and you are correct. Florida has some of the toughest contracting laws I am aware of. This is one of the reasons it is so difficult to become a contractor in Florida as they don't just examine you on your technical abilities of your trade and goes well into business and contracting law.
Another example where this comes up often is, say, a generator dealer wants to sell a home standby system. If that person/entity is contracting directly with the owner he must be a licensed contractor. He cannot sell to the owner as an unlicensed contractor and then simply use a licensed electrical contractor to do the work. There are many other scenarios of this such national lighting retrofit companies, etc.
In my generator example, I do believe that an unlicensed contractor could sell just the equipment to an owner and as a separate transaction and the owner could then hire a licensed contractor to install such equipment as long as the customer is paying for the install directly to the licensed contractor.
P.S. I was born and raised in FL and used to be an EC there.

 

[Strathead]

I want to clarify my opinion that in Florida, any company offering electrical services for sale must hold a valid license. This license number is required to be displayed on business cards, advertisements, and all promotional materials. Furthermore, if a subcontractor is engaged to carry out electrical work, they must also possess the appropriate license for the specific scope of work they are performing.

My interpretation of the law is that a company is prohibited from advertising or providing electrical contracting services, even if they plan to subcontract the actual work to a licensed subcontractor. It's not compliant with the law, in my view, for companies to market licensed services such as surveillance camera or solar panel installations without the necessary license and then attempt to subcontract the work to a licensed subcontractor. This approach, in my opinion, is not legally permissible.

Not only that, but unless you are the actual license holder with an Unlimited Electrical Contractor license, Security Contractor or a Fire alarm Contractor, you can't sell Security or Fire Alarm without a license that takes 14 hours to get.

 

[ModularMan]

Thank you all for your answers and contribution to this thread .... I somehow missed these answers and re-posted a similar question this evening. Sorry for the duplicate.

 

[cabledawg]

I would think you should be free and clear if Florida doesnt require a Limited Energy License for that Specialty. Thats like saying I cant change my tires because I dont have a license to do so. But CYA, always check around, make calls. No sense in risking your license doing un-license work. Hope this helps

 

[cabledawg]

Based on what i just read, A Limited energy is required in the state of Florida per Low voltage nation written 1/11/23

 

[Strathead]

Based on what i just read, A Limited energy is required in the state of Florida per Low voltage nation written 1/11/23

Or higher. There are three levels if I remember. Communications, Burglar and fire alarm, unlimited. Unlimited can do all, Burglar fire alarm can do comm and fire alarm, comm can only do comm. The people touching fire alarm or burglar alarm wiring or devices, or even selling them has to have an installers license regardless of who they work for.