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A bill to be entitled

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An act relating to construction contracting; amending s.

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489.127, F.S.; prohibiting a certified or registered

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contractor or contractor authorized by a local

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construction licensing board from performing work for

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which the contractor is not properly licensed, from

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subcontracting work requiring a license to an unlicensed

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person, or from failing to obtain required permits or

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inspections; providing penalties; authorizing local

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jurisdictions to issue civil citations for specified

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violations; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (d) of subsection (4) of section

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489.127, Florida Statutes, is redesignated as paragraph (e) of

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that subsection, a new paragraph (d) is added to that subsection,

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and paragraph (o) of subsection (5) of that section is amended,

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to read:

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     489.127  Prohibitions; penalties.--

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     (4)

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     (d) A certified or registered contractor or a contractor

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authorized by a local construction licensing board may not

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perform work for which he or she is not properly licensed,

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subcontract to unlicensed persons to perform work that requires a

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license, or fail to obtain required permits or required

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inspections.

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     (e)(d)1. A person who violates this subsection commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     2.  A person who violates this subsection after having been

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previously found guilty of such violation commits a felony of the

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third degree, punishable as provided in s. 775.082 or s. 775.083.

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     (5)  Each county or municipality may, at its option,

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designate one or more of its code enforcement officers, as

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defined in chapter 162, to enforce, as set out in this

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subsection, the provisions of subsection (1) and s. 489.132(1)

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against persons who engage in activity for which a county or

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municipal certificate of competency or license or state

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certification or registration is required.

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     (o) Nothing in This subsection does not shall be construed

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to authorize local jurisdictions to exercise disciplinary

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authority or procedures established in this subsection against an

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individual holding a proper valid certificate issued pursuant to

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this part, except that a local jurisdiction may issue civil

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citations for the following violations:

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     1. Failure to obtain a required building permit or required

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inspection.

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     2. Aiding and abetting unlicensed activity.

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     3. Fraud or willful building code violation.

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     4. Failure to use a license number in marketing or

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advertising.

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     5. Abandonment of a building project. For the purposes of

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this subparagraph, 60 days without job progress constitutes

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abandonment.

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     Section 2.  This act shall take effect July 1, 2008.