The contractor took the money and never came back
This is not only a contract dispute. In Florida a violation is prosecutable as theft, not merely a breach of contract†. A contractor who takes more than 10% of the contract price† must apply for the required permits within 30 days† and begin work within 90 days† of the permit issuing.
Most homeowners in this position believe their only route is a civil claim against someone who has stopped answering the phone — slow, expensive, and often against a person with nothing to collect from. The statute reframes it: missing those deadlines after taking a substantial deposit is a criminal matter, and that gives you a route that does not depend on the contractor’s solvency.
The two deadlines, precisely
| Trigger | Duty | Window |
|---|---|---|
| A deposit of more than 10% of the contract price† | Apply for all required permits | 30 days† from receiving the money |
| The permit is issued | Begin the work | 90 days† from issue |
Two details widen this usefully. the duty applies to anyone performing or promising construction work, licensed or not† — so a handyman who took your money is not outside it. And the permit duty is checkable: building department records are public, so you can establish whether an application was ever made without asking the contractor anything.
What to do, in order
- Check the permit record yourself. Search your address at the building department. If no application exists and the window has passed, that is documentary evidence rather than an accusation.
- Write to the contractor, by a method that proves delivery, setting out what was paid, when, what has not happened, and what you want. Keep it factual. This letter is the first exhibit in everything that follows.
- Verify the licence status — active, matching the work, and in the name on your contract. If the licence was borrowed or absent, that is a separate and serious problem.
- Complain to DBPR if they are licensed. It is free, it is on the record, and a licence is worth more to them than your deposit.
- Report it to law enforcement where the statutory deadlines have been missed. Bring the contract, the proof of payment, the permit search and your written notice. Presented as a documented statutory violation rather than a grievance, it is treated very differently.
- Then consider the civil claim. Small claims for modest sums; a lawyer where the number justifies it.
Before anyone else picks up the job, establish what was permitted, what was paid, and whether any supplier has served you a Notice to Owner. Bringing in a replacement without resolving those leaves you exposed to liens for materials on work you have already paid for once.
If money was paid but some work was done
This is the harder and more common version. Partial performance muddies the criminal route, because the question becomes whether the shortfall is theft or a dispute about quality and progress. It is still worth documenting to the same standard — photographs with dates, the payment schedule against what was actually completed, and every message.
- Stop paying. Whatever is left unpaid is your only leverage, and paying ahead of the schedule is how homeowners lose it.
- Get an independent assessment of what has been completed and what completing it will cost. That number is the claim.
- Check for a payment and performance bond if the job was large enough to have one.
- Check whether the contractor holds a licence with a recovery fund route. Florida operates recovery funds for consumers harmed by licensed contractors, with their own eligibility rules and deadlines — worth asking DBPR about early rather than late.
How to avoid it next time
- Never pay a large deposit against no work. A modest mobilisation payment is normal; half the contract price before anyone appears is not.
- Tie payments to milestones, with the final payment held until the final inspection passes.
- Confirm the licence is active and matches both the work and the name on the contract. Work over $2,500† or requiring a permit needs one.
- Require lien releases with every payment. Suppliers can lien your property within 90 days† of their final furnishing regardless of what you paid the contractor.
- Insist the contractor pulls the permit. If they ask you to pull it as owner-builder, the liability moves to you — and so does the reason they wanted it that way.
Related
Common questions
What can I do if a Florida contractor took my deposit and never started?
Check the permit record, write to them with proof of delivery, verify the licence, complain to DBPR, and report it to law enforcement. Taking a deposit over 10% and missing the statutory permit and start deadlines is prosecutable as theft, not just a contract breach.
How long does a Florida contractor have to start work after taking a deposit?
They must apply for required permits within 30 days of receiving a deposit exceeding 10% of the contract price, and begin work within 90 days of the permit being issued.
Is it a crime for a contractor to take money and not do the work in Florida?
It can be. Section 489.126 makes a violation of those deadlines prosecutable as theft, and the duty applies to anyone performing or promising construction work, licensed or not.
What if the contractor did some of the work?
Partial performance makes the criminal route harder, because the question becomes quality and progress rather than outright theft. Stop paying, get an independent assessment of what is complete and what finishing costs, and document everything.
How do I avoid this happening?
Never pay a large deposit against no work, tie payments to milestones, hold the final payment until final inspection, verify the licence matches the contract, require lien releases with every payment, and make sure the contractor pulls the permit rather than you.
Contractor deposit obligations sit in Florida Statutes §489.126, with licensing in Chapter 489 and liens in Chapter 713. Whether a particular situation is criminal or civil turns on its facts. This is general information, not legal advice.