Changing Addresses- Florida Contractor’s Duty to Notify DBPR of New Mailing Address
By Christopher M. Cobb July 31, 2020 Posted in Construction Law Share
Moving can be a colossal pain in the neck. Often times the first thing you think of is establishing a mail forward for your new location. In the case of Florida certified contractors, that may not be enough. A Florida certified contractor is “solely responsible” for notifying the Department of Business and Professional Regulation (“DBPR”) in writing of any change in their current mailing address and phone number.
If the mailing address is not the contractor’s physical address, then they must also supply the physical address. A contractor’s failure to notify the DBPR of a change of address or phone number constitutes a violation of Section 489.124 and can subject the contractor to discipline. In addition, the contractor is responsible for retaining proof that they have notified the department of the current address of record. This is important because under 489.124(3), service by regular mail to a contractor’s address of record constitutes adequate and sufficient notice of the contract for any official communication by the CILB or the DBPR. A contractor’s failure to affirmatively notify the DBPR can result in a loss of additional rights and can even negate defenses to a disciplinary matter. See Griffis v. DBPR, 90 So.3d 320 (Fla. 1st DCA 2012) (holding that a licensee cannot complain about improper service if they have failed to update the physical address as required by 489.124, Florida Statutes). So, when a Florida contractor is moving or changing addresses, the first step they should take is the important one of notifying the DBPR.
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