Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 860638
CHAMBER ACTION
Senate House
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04/20/2006 09:49 AM .
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11 The Committee on Judiciary (Baker) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraphs (a) and (b) of subsection (1) of
19 section 489.128, Florida Statutes, is amended to read:
20 489.128 Contracts entered into by unlicensed
21 contractors unenforceable.--
22 (1) As a matter of public policy, contracts entered
23 into on or after October 1, 1990, by an unlicensed contractor
24 shall be unenforceable in law or in equity by the unlicensed
25 contractor.
26 (a) For purposes of this section, an individual is
27 unlicensed if the individual does not have a license required
28 by this part concerning the scope of the work to be performed
29 under the contract. A business organization is unlicensed if
30 the business organization does not have a primary or secondary
31 qualifying agent in accordance with this part concerning the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 860638
1 scope of the work to be performed under the contract. For
2 purposes of this section, if no state or local license is
3 required for the scope of work to be performed under the
4 contract, the individual performing that work shall not be
5 considered unlicensed.
6 (b) For purposes of this section, an individual or
7 business organization may shall not be considered unlicensed
8 for failing to have an occupational license certificate issued
9 under the authority of chapter 205. A business organization
10 may shall not be considered unlicensed for failing to have a
11 certificate of authority as required by ss. 489.119 and
12 489.127. For purposes of this section, a business organization
13 entering into the contract may not be considered unlicensed
14 if, before the date established by paragraph (c), an
15 individual possessing a license required by this part
16 concerning the scope of the work to be performed under the
17 contract had submitted an application for a certificate of
18 authority designating that individual as a qualifying agent
19 for the business organization entering into the contract, and
20 the application was not acted upon by the department or
21 applicable board within the applicable time limitations
22 imposed by s. 120.60.
23 Section 2. Subsection (6) of section 489.503, Florida
24 Statutes, is amended, and subsection (21) is added to that
25 section, to read:
26 489.503 Exemptions.--This part does not apply to:
27 (6) An owner of property making application for
28 permit, supervising, and doing the work in connection with the
29 construction, maintenance, repair, and alteration of and
30 addition to a single-family or duplex residence for his or her
31 own use and occupancy and not intended for sale or an owner of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 860638
1 property when acting as his or her own electrical contractor
2 and providing all material supervision himself or herself,
3 when building or improving a farm outbuilding or a
4 single-family or duplex residence on such property for the
5 occupancy or use of such owner and not offered for sale or
6 lease, or building or improving a commercial building with
7 aggregate construction costs of under $75,000 $25,000 on such
8 property for the occupancy or use of such owner and not
9 offered for sale or lease. In an action brought under this
10 subsection, proof of the sale or lease, or offering for sale
11 or lease, of more than one such structure by the owner-builder
12 within 1 year after completion of same is prima facie evidence
13 that the construction was undertaken for purposes of sale or
14 lease. This subsection does not exempt any person who is
15 employed by such owner and who acts in the capacity of a
16 contractor. For the purpose of this subsection, the term
17 "owner of property" includes the owner of a mobile home
18 situated on a leased lot. To qualify for exemption under this
19 subsection, an owner shall personally appear and sign the
20 building permit application and must satisfy local permitting
21 agency requirements, if any, proving that the owner has a
22 complete understanding of the owner's obligations under the
23 law as specified in the disclosure statement in this section.
24 If any person violates the requirements of this subsection,
25 the local permitting agency shall withhold final approval,
26 revoke the permit, or pursue any action or remedy for
27 unlicensed activity against the owner and any person
28 performing work that requires licensure under the permit
29 issued. The local permitting agency shall provide the owner
30 with a disclosure statement in substantially the following
31 form:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 860638
1
2 Disclosure Statement
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4 State law requires electrical contracting to be done by
5 licensed electrical contractors. You have applied for a permit
6 under an exemption to that law. The exemption allows you, as
7 the owner of your property, to act as your own electrical
8 contractor even though you do not have a license. You may
9 install electrical wiring for a farm outbuilding or a
10 single-family or duplex residence. You may install electrical
11 wiring in a commercial building the aggregate construction
12 costs of which are under $75,000 $25,000. The home or building
13 must be for your own use and occupancy. It may not be built
14 for sale or lease. If you sell or lease more than one building
15 you have wired yourself within 1 year after the construction
16 is complete, the law will presume that you built it for sale
17 or lease, which is a violation of this exemption. You may not
18 hire an unlicensed person as your electrical contractor. Your
19 construction shall be done according to building codes and
20 zoning regulations. It is your responsibility to make sure
21 that people employed by you have licenses required by state
22 law and by county or municipal licensing ordinances.
23 (21) Inspections, audits, or quality-assurance
24 services performed by a nationally recognized testing
25 laboratory that the Occupational Safety and Health
26 Administration has recognized as meeting the requirements of
27 29 C.F.R. s. 1910.7.
28 Section 3. Subsection (29) is added to section
29 489.505, Florida Statutes, to read:
30 489.505 Definitions.--As used in this part:
31 (29) "Nationally recognized testing laboratory" means
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 860638
1 an organization that the Occupational Safety and Health
2 Administration has legally recognized to be in compliance with
3 29 C.F.R. s. 1910.7 and that provides quality assurance,
4 product testing, or certification services.
5 Section 4. Paragraph (a) of subsection (1) of section
6 489.532, Florida Statutes, is amended to read:
7 489.532 Contracts entered into by unlicensed
8 contractors unenforceable.--
9 (1) As a matter of public policy, contracts entered
10 into on or after October 1, 1990, by an unlicensed contractor
11 shall be unenforceable in law or in equity by the unlicensed
12 contractor.
13 (a) For purposes of this section, an individual is
14 unlicensed if the individual does not have a license required
15 by this part concerning the scope of the work to be performed
16 under the contract. A business organization is unlicensed if
17 the business organization does not have a primary or secondary
18 qualifying agent in accordance with this part concerning the
19 scope of the work to be performed under the contract. For
20 purposes of this section, if no state or local license is
21 required for the scope of work to be performed under the
22 contract, the individual performing that work shall not be
23 considered unlicensed.
24 Section 5. Sections 1 and 4 of this act are intended
25 to be remedial in nature and to clarify existing law. Those
26 sections apply retroactively to all actions, including any
27 action on a lien or bond claim, initiated on or after, or
28 pending as of, July 1, 2006. If the retroactivity of any
29 provision of section 1 or section 4 or the retroactive
30 application of any provision of section 1 or section 4 is held
31 invalid, the invalidity does not affect the retroactivity or
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 860638
1 the retroactive application of other provisions of section 1
2 or section 4.
3 Section 6. This act shall take effect July 1, 2006.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to contracting; amending ss.
13 489.128 and 489.532, F.S.; providing that a
14 business organization or an individual entering
15 into a construction contract is not deemed
16 unlicensed under certain conditions; providing
17 for retroactive application; amending s.
18 489.503, F.S.; revising exemptions for certain
19 owners of property from certain contracting
20 provisions; increasing maximum construction
21 costs allowed for exemption; requiring owners
22 of property to satisfy certain local permitting
23 agency requirements; providing for penalties;
24 providing an exemption for owners of property
25 damaged by certain natural causes; amending s.
26 489.505; defining a term; providing an
27 effective date.
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