Senate Bill 2056c1

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    Florida Senate - 1998                           CS for SB 2056

    By the Committee on Regulated Industries and Senator Lee





    315-1880A-98

  1                      A bill to be entitled

  2         An act relating to contractor licensing;

  3         amending s. 489.103, F.S.; exempting certain

  4         real estate licensees from the contractor

  5         licensing provisions; amending s. 489.503,

  6         F.S.; exempting certain real estate licensees

  7         from the contractor licensing provisions;

  8         providing an effective date.

  9

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

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12         Section 1.  Subsection (17) is added to section

13  489.103, Florida Statutes, to read:

14         489.103  Exemptions.--This part does not apply to:

15         (17) Any work or operation contracted by any person

16  licensed under part I of chapter 475, as single agents or

17  transaction brokers for owners of real property, provided that

18  the person is acting within the scope of his or her license

19  and provided that the aggregate contract for labor, materials,

20  and all other items is less than $5,000, but this exemption

21  does not apply:

22         (a) If the construction, repair, remodeling, or

23  improvement is a part of a larger or major operation, whether

24  undertaken by the same or a different contractor, or in which

25  a division of the operation is made in contracts of amounts

26  less than $5,000 for the purpose of evading this part or

27  otherwise.

28         (b) To a person who advertises that he or she is

29  qualified to engage in contracting.

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    Florida Senate - 1998                           CS for SB 2056
    315-1880A-98




  1  Unless otherwise qualified, the person acting under the

  2  exemption provided in this subsection shall not perform the

  3  construction work, and shall contract with properly licensed

  4  persons to perform the work.

  5         Section 2.  Subsection (17) is added to section

  6  489.503, Florida Statutes, to read:

  7         489.503  Exemptions.--This part does not apply to:

  8         (17) Any work or operation contracted by any person

  9  licensed under part I of chapter 475, as single agents or

10  transaction brokers for owners of real property, provided that

11  the person is acting within the scope of his or her license

12  and provided that the aggregate contract for labor, materials,

13  and all other items is less than $5,000, but this exemption

14  does not apply:

15         (a) If the construction, repair, remodeling, or

16  improvement is a part of a larger major operation, whether

17  undertaken by the same or different contractor, or in which a

18  division of the operation is made in contracts of amounts less

19  than $5,000 for the purpose of evading this part or otherwise.

20         (b) To a person who advertises that he or she is a

21  contractor or otherwise represents that he or she is qualified

22  to engage in contracting.

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24  Unless otherwise qualified, the person acting under the

25  exemption provided in this subsection shall not perform the

26  construction work, and shall contract with properly licensed

27  persons to perform the work.

28         Section 3.  This act shall take effect July 1, 1998.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 2056
    315-1880A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2056

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  4  Limits the exemption for real estate professionals from
    licensure as a contractor to contracts less than $5,000 and
  5  extends the exemption to electrical and alarm contracting,
    under chapter 489, part II, F.S., as well as construction
  6  contracting under ch. 489, part I, F.S.

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