Empathy List Archives

SL

Scott Lehman

Wed, Jun 13, 2018 6:39 PM

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule?

[FINAL EISENBERG LEHMAN]
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified - Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule? [FINAL EISENBERG LEHMAN] Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified - Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

WL

William L. Grant

Wed, Jun 13, 2018 7:05 PM

Here is the case that says failure to register the fictitious name with DPPR is not unlicensed contracting.

[Shutts_Logo.jpg]

William L. Grant
Partner, Board Certified in Construction Law

Shutts & Bowen LLP
300 South Orange Avenue, Suite 1600 | Orlando, FL 32801
Direct: (407) 835-6732 | Fax: (407) 425-8316
E-Mailmailto:WGrant@shutts.com | Biography http://www.shutts.com/lawyer/william-l-grant | V-Cardhttp://www.shutts.com/index.php?vcard&id=1069 | Websitehttp://www.shutts.com

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Wednesday, June 13, 2018 2:40 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fictitious Name Registration with DPBR

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule?

[FINAL EISENBERG LEHMAN]
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified - Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

Here is the case that says failure to register the fictitious name with DPPR is not unlicensed contracting. [Shutts_Logo.jpg] William L. Grant Partner, Board Certified in Construction Law ________________________________ Shutts & Bowen LLP 300 South Orange Avenue, Suite 1600 | Orlando, FL 32801 Direct: (407) 835-6732 | Fax: (407) 425-8316 E-Mail<mailto:WGrant@shutts.com> | Biography <http://www.shutts.com/lawyer/william-l-grant> | V-Card<http://www.shutts.com/index.php?vcard&id=1069> | Website<http://www.shutts.com> From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman Sent: Wednesday, June 13, 2018 2:40 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Fictitious Name Registration with DPBR I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule? [FINAL EISENBERG LEHMAN] Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified - Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

JZ

Justin Zinzow

Wed, Jun 13, 2018 7:57 PM

Scott: Do all the contractor's materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz?

Justin R. Zinzow
Board Certified Construction Specialist
AV Preeminent® Rated Attorney

P: (727) 787-3121
F: (727) 787-3231
35111 US Highway 19 N, Suite 302
Palm Harbor, Florida 34684
Biohttp://www.zinzowlaw.com/attorney-profiles/Justin-Zinzow/ | Websitehttp://www.zinzowlaw.com/ | Emailmailto:%20jzinzow@zinzowlaw.com

[cid:image002.jpg@01D4032F.3A249810]
Construction | Real Estate | Appellate | Business

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Wednesday, June 13, 2018 2:40 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fictitious Name Registration with DPBR

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule?

[cid:image003.png@01D4032F.3A249810]
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified - Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

Scott: Do all the contractor's materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz? Justin R. Zinzow Board Certified Construction Specialist AV Preeminent® Rated Attorney P: (727) 787-3121 F: (727) 787-3231 35111 US Highway 19 N, Suite 302 Palm Harbor, Florida 34684 Bio<http://www.zinzowlaw.com/attorney-profiles/Justin-Zinzow/> | Website<http://www.zinzowlaw.com/> | Email<mailto:%20jzinzow@zinzowlaw.com> [cid:image002.jpg@01D4032F.3A249810] Construction | Real Estate | Appellate | Business From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman Sent: Wednesday, June 13, 2018 2:40 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Fictitious Name Registration with DPBR I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule? [cid:image003.png@01D4032F.3A249810] Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified - Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

SL

Scott Lehman

Wed, Jun 13, 2018 7:59 PM

The contractor markets and bids the work as the fictitious name however the contract is in the name of the licensed contractor dba the fictitious name.

[FINAL EISENBERG LEHMAN]
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified - Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

From: Justin Zinzow [mailto:JZinzow@Zinzowlaw.com]
Sent: Wednesday, June 13, 2018 3:57 PM
To: Scott Lehman slehman@eisenberglehman.com; clc-discussion@lists.flabarrpptl.org
Subject: RE: Fictitious Name Registration with DPBR

Scott: Do all the contractor's materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz?

Justin R. Zinzow
Board Certified Construction Specialist
AV Preeminent® Rated Attorney

P: (727) 787-3121
F: (727) 787-3231
35111 US Highway 19 N, Suite 302
Palm Harbor, Florida 34684
Biohttp://www.zinzowlaw.com/attorney-profiles/Justin-Zinzow/ | Websitehttp://www.zinzowlaw.com/ | Emailmailto:%20jzinzow@zinzowlaw.com

[cid:image001.jpg@01D0BDB4.D6A53AA0]
Construction | Real Estate | Appellate | Business

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Wednesday, June 13, 2018 2:40 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fictitious Name Registration with DPBR

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule?

[FINAL EISENBERG LEHMAN]
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified - Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

The contractor markets and bids the work as the fictitious name however the contract is in the name of the licensed contractor dba the fictitious name. [FINAL EISENBERG LEHMAN] Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified - Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents. From: Justin Zinzow [mailto:JZinzow@Zinzowlaw.com] Sent: Wednesday, June 13, 2018 3:57 PM To: Scott Lehman <slehman@eisenberglehman.com>; clc-discussion@lists.flabarrpptl.org Subject: RE: Fictitious Name Registration with DPBR Scott: Do all the contractor's materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz? Justin R. Zinzow Board Certified Construction Specialist AV Preeminent® Rated Attorney P: (727) 787-3121 F: (727) 787-3231 35111 US Highway 19 N, Suite 302 Palm Harbor, Florida 34684 Bio<http://www.zinzowlaw.com/attorney-profiles/Justin-Zinzow/> | Website<http://www.zinzowlaw.com/> | Email<mailto:%20jzinzow@zinzowlaw.com> [cid:image001.jpg@01D0BDB4.D6A53AA0] Construction | Real Estate | Appellate | Business From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman Sent: Wednesday, June 13, 2018 2:40 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Fictitious Name Registration with DPBR I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule? [FINAL EISENBERG LEHMAN] Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified - Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

CC

Chris Cobb

Thu, Jun 14, 2018 2:04 PM

It is a lesser offense of doing business in a name that is not registered with the department.

Christopher M. Cobb
Jimerson & Cobb, P.A.
jimersoncobb.comhttp://jimersoncobb.com
Sent from my iPhone

On Jun 14, 2018, at 10:00 AM, Scott Lehman <slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com> wrote:

The contractor markets and bids the work as the fictitious name however the contract is in the name of the licensed contractor dba the fictitious name.

<image001.png>
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified – Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

From: Justin Zinzow [mailto:JZinzow@Zinzowlaw.com]
Sent: Wednesday, June 13, 2018 3:57 PM
To: Scott Lehman <slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com>; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Fictitious Name Registration with DPBR

Scott: Do all the contractor’s materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz?

Justin R. Zinzow
Board Certified Construction Specialist
AV Preeminent® Rated Attorney

P: (727) 787-3121
F: (727) 787-3231
35111 US Highway 19 N, Suite 302
Palm Harbor, Florida 34684
Biohttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2fattorney-profiles%2fJustin-Zinzow%2f&c=E,1,rc35zyVy1AqGffn0-XJCHKz7U0IfqP_D-T2cgeIWzNzLRQCB1LtJ3r2bfw8LjVvYhwE8ygP9yGN60M1YR-HDJjMLDr1rmHSSr5FJPe7kZtMzbkt0-esOWi-AsqoV&typo=1 | Websitehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2f&c=E,1,DZuqSzRQOQstS-potcW-7M2-wnp_oFgXem4uud7i8uynJUY_K9ZM-eZlwK5j-LSeti7GHDYHmrCA-pBmbt1ebzU14_deTi9Vp2TvxvNdMESb5Byqh3m67fCP&typo=1 | Emailmailto:%20jzinzow@zinzowlaw.com

<image002.jpg>
Construction | Real Estate | Appellate | Business

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Wednesday, June 13, 2018 2:40 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fictitious Name Registration with DPBR

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule?

<image001.png>
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified – Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

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It is a lesser offense of doing business in a name that is not registered with the department. Christopher M. Cobb Jimerson & Cobb, P.A. jimersoncobb.com<http://jimersoncobb.com> Sent from my iPhone On Jun 14, 2018, at 10:00 AM, Scott Lehman <slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com>> wrote: The contractor markets and bids the work as the fictitious name however the contract is in the name of the licensed contractor dba the fictitious name. <image001.png> Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified – Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents. From: Justin Zinzow [mailto:JZinzow@Zinzowlaw.com] Sent: Wednesday, June 13, 2018 3:57 PM To: Scott Lehman <slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com>>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: RE: Fictitious Name Registration with DPBR Scott: Do all the contractor’s materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz? Justin R. Zinzow Board Certified Construction Specialist AV Preeminent® Rated Attorney P: (727) 787-3121 F: (727) 787-3231 35111 US Highway 19 N, Suite 302 Palm Harbor, Florida 34684 Bio<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2fattorney-profiles%2fJustin-Zinzow%2f&c=E,1,rc35zyVy1AqGffn0-XJCHKz7U0IfqP_D-T2cgeIWzNzLRQCB1LtJ3r2bfw8LjVvYhwE8ygP9yGN60M1YR-HDJjMLDr1rmHSSr5FJPe7kZtMzbkt0-esOWi-AsqoV&typo=1> | Website<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2f&c=E,1,DZuqSzRQOQstS-potcW-7M2-wnp_oFgXem4uud7i8uynJUY_K9ZM-eZlwK5j-LSeti7GHDYHmrCA-pBmbt1ebzU14_deTi9Vp2TvxvNdMESb5Byqh3m67fCP&typo=1> | Email<mailto:%20jzinzow@zinzowlaw.com> <image002.jpg> Construction | Real Estate | Appellate | Business From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman Sent: Wednesday, June 13, 2018 2:40 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Fictitious Name Registration with DPBR I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule? <image001.png> Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified – Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fmailman.fsr.com%2fmailman%2flistinfo%2fclc-discussion&c=E,1,yF_fp7BStt60P8O-6_vBWtaYm-hIHtsLGK4j_7aCE5yyOvksmnunVT-UacpIuOnNojVfU4rvlOu9MedUjXfI4LSPPx1feCD5B6HtLhRg0krqw8XQz1oVZcji7BM,&typo=1

SL

Scott Lehman

Thu, Jun 14, 2018 2:11 PM

Thank you

Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified – Construction Law

-------- Original message --------
From: Chris Cobb ccobb@jimersoncobb.com
Date: 6/14/18 10:05 AM (GMT-05:00)
To: Scott Lehman slehman@eisenberglehman.com
Cc: Justin Zinzow JZinzow@Zinzowlaw.com, clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Fictitious Name Registration with DPBR

It is a lesser offense of doing business in a name that is not registered with the department.

Christopher M. Cobb
Jimerson & Cobb, P.A.
jimersoncobb.comhttp://jimersoncobb.com
Sent from my iPhone

On Jun 14, 2018, at 10:00 AM, Scott Lehman <slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com> wrote:

The contractor markets and bids the work as the fictitious name however the contract is in the name of the licensed contractor dba the fictitious name.

<image001.png>
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified – Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

From: Justin Zinzow [mailto:JZinzow@Zinzowlaw.com]
Sent: Wednesday, June 13, 2018 3:57 PM
To: Scott Lehman <slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com>; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: RE: Fictitious Name Registration with DPBR

Scott: Do all the contractor’s materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz?

Justin R. Zinzow
Board Certified Construction Specialist
AV Preeminent® Rated Attorney

P: (727) 787-3121
F: (727) 787-3231
35111 US Highway 19 N, Suite 302
Palm Harbor, Florida 34684
Biohttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2fattorney-profiles%2fJustin-Zinzow%2f&c=E,1,rc35zyVy1AqGffn0-XJCHKz7U0IfqP_D-T2cgeIWzNzLRQCB1LtJ3r2bfw8LjVvYhwE8ygP9yGN60M1YR-HDJjMLDr1rmHSSr5FJPe7kZtMzbkt0-esOWi-AsqoV&typo=1 | Websitehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2f&c=E,1,DZuqSzRQOQstS-potcW-7M2-wnp_oFgXem4uud7i8uynJUY_K9ZM-eZlwK5j-LSeti7GHDYHmrCA-pBmbt1ebzU14_deTi9Vp2TvxvNdMESb5Byqh3m67fCP&typo=1 | Emailmailto:%20jzinzow@zinzowlaw.com

<image002.jpg>
Construction | Real Estate | Appellate | Business

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Wednesday, June 13, 2018 2:40 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Fictitious Name Registration with DPBR

I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule?

<image001.png>
Scott D. Lehman, Esq.
Eisenberg Lehman, PLLC
255 Aragon Avenue
2nd Floor
Coral Gables, Florida 33134
Direct: (786) 709-9323tel:%28786%29%20431-2327
Mobile: (305) 218-8319tel:%28786%29%20431-2328
Fax: (786) 999-0920tel:%28786%29%20431-2328
Email: slehman@eisenberglehman.com mailto:slehman@eisenberglehman.com
Florida Bar Board Certified – Construction Law

NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents.

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Thank you Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified – Construction Law -------- Original message -------- From: Chris Cobb <ccobb@jimersoncobb.com> Date: 6/14/18 10:05 AM (GMT-05:00) To: Scott Lehman <slehman@eisenberglehman.com> Cc: Justin Zinzow <JZinzow@Zinzowlaw.com>, clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Fictitious Name Registration with DPBR It is a lesser offense of doing business in a name that is not registered with the department. Christopher M. Cobb Jimerson & Cobb, P.A. jimersoncobb.com<http://jimersoncobb.com> Sent from my iPhone On Jun 14, 2018, at 10:00 AM, Scott Lehman <slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com>> wrote: The contractor markets and bids the work as the fictitious name however the contract is in the name of the licensed contractor dba the fictitious name. <image001.png> Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified – Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents. From: Justin Zinzow [mailto:JZinzow@Zinzowlaw.com] Sent: Wednesday, June 13, 2018 3:57 PM To: Scott Lehman <slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com>>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: RE: Fictitious Name Registration with DPBR Scott: Do all the contractor’s materials, whether electronic or printed, refer to the contractor as xyz d/b/a ABC, Inc. [the name registered with the CILB] or does the contractor just use xyz? Justin R. Zinzow Board Certified Construction Specialist AV Preeminent® Rated Attorney P: (727) 787-3121 F: (727) 787-3231 35111 US Highway 19 N, Suite 302 Palm Harbor, Florida 34684 Bio<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2fattorney-profiles%2fJustin-Zinzow%2f&c=E,1,rc35zyVy1AqGffn0-XJCHKz7U0IfqP_D-T2cgeIWzNzLRQCB1LtJ3r2bfw8LjVvYhwE8ygP9yGN60M1YR-HDJjMLDr1rmHSSr5FJPe7kZtMzbkt0-esOWi-AsqoV&typo=1> | Website<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.zinzowlaw.com%2f&c=E,1,DZuqSzRQOQstS-potcW-7M2-wnp_oFgXem4uud7i8uynJUY_K9ZM-eZlwK5j-LSeti7GHDYHmrCA-pBmbt1ebzU14_deTi9Vp2TvxvNdMESb5Byqh3m67fCP&typo=1> | Email<mailto:%20jzinzow@zinzowlaw.com> <image002.jpg> Construction | Real Estate | Appellate | Business From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Scott Lehman Sent: Wednesday, June 13, 2018 2:40 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Fictitious Name Registration with DPBR I have a question regarding a licensed general contractor performing work under a fictitious name registered with Sunbiz but not registered with the DBPR. Section 489.127(g) provides that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. The person is licensed and the business has been qualified however the fictitious name has not been registered with the DBPR. Is this unlicensed contracting or some lesser offense, like a violation of an administrative rule? <image001.png> Scott D. Lehman, Esq. Eisenberg Lehman, PLLC 255 Aragon Avenue 2nd Floor Coral Gables, Florida 33134 Direct: (786) 709-9323<tel:%28786%29%20431-2327> Mobile: (305) 218-8319<tel:%28786%29%20431-2328> Fax: (786) 999-0920<tel:%28786%29%20431-2328> Email: slehman@eisenberglehman.com<mailto:slehman@eisenberglehman.com> Florida Bar Board Certified – Construction Law NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. Disclaimer regarding Uniform Electronic Transactions Act ("UETA") § 668.50, Fla. Stat.: If this transmission concerns negotiation of a contract or agreement, whether UETA applies or not, contract formation in this matter shall occur only with manually-affixed original signatures on original documents. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fmailman.fsr.com%2fmailman%2flistinfo%2fclc-discussion&c=E,1,yF_fp7BStt60P8O-6_vBWtaYm-hIHtsLGK4j_7aCE5yyOvksmnunVT-UacpIuOnNojVfU4rvlOu9MedUjXfI4LSPPx1feCD5B6HtLhRg0krqw8XQz1oVZcji7BM,&typo=1