[CLC-Discussion] Fictitious Name Registration with DPBR

[Scott Lehman]

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 at eisenberglehman.com<mailto:slehman at 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 at Zinzowlaw.com]
Sent: Wednesday, June 13, 2018 3:57 PM
To: Scott Lehman <slehman at eisenberglehman.com>; clc-discussion at 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 at zinzowlaw.com>

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



From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Wednesday, June 13, 2018 2:40 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at 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 at eisenberglehman.com<mailto:slehman at 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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