Quote:
Originally Posted by ithos
Let me get this straight. Someone steals $600 and you are just going to forget about it? Do you really think that this is the only time he will ever rip off people?
At a minimum he has committed a misdemeanor:
Contracting Without a License – Florida Statutes § 489.127
If the contractor is unlicensed, accepting payment and failing to perform the work can result in:
Misdemeanor or felony charges, depending on the circumstances.
Felony of the third degree if the unlicensed contractor takes a down payment and does not perform the work.
������ Construction Fraud – Florida Statutes § 812.014 (Theft)
This law applies to licensed or unlicensed contractors:
If a contractor knowingly obtains money from a homeowner under false pretenses (e.g., promising to do work they never intend to do), it may be considered:
Theft by deception or contractor fraud.
Penalties depend on the amount taken:
Less than $750 = Misdemeanor
$750 or more = Felony
������ Misapplication of Construction Funds – Florida Statutes § 713.345
This statute covers situations where a contractor receives funds specifically for a project and uses the money for other purposes.
Misappropriating construction funds is a felony if more than $100 is misused.
I agree you many not get your money back but I believe the local authorities will take it serious if it is a repeat offense.
Now consider this!
������ Florida Statutes § 825.103 – Exploitation of an Elderly Person or Disabled Adult
If a contractor knowingly exploits a senior by deceiving them out of money or property, it can be charged as:
Small amounts can qualify for third-degree felony charges if the intent to exploit is clear.
Felony of the second degree (up to 15 years in prison) if the value is $10,000 or more.
Felony of the first degree (up to 30 years in prison) if the value is $50,000 or more.
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You are making a lot of assumptions. I didn't say I would forget about it. First of all, the OP didn't say he doesn't have a license. Some handymen don't even need a Florida business license to perform certain small projects. There is no evidence that he stole the money, and there is no evidence that the OP qualifies as elderly under the statute. I think you need to be over 65. The OP gave him the money as a deposit for future work, and we don't know when the project was required to be completed. But as a practical matter, local police officers are not resourced or funded to investigate this type of crime, if it even is a crime. I would not want the police to arrest someone unless I was absolutely certain that he committed a crime. I may report this contractor to Seniors vs Crime who are funded to assist the attorney general for this type of crime.
The best way to deal with contractors is to not pay them money in advance, and, if you do, use a credit card. Any contractor who cannot start a screen repair project without being paid $600 cash in advance, should not be hired. Asking for an upfront payment on a small project like this is a huge red flag that it is a scam.