House Bill 0137c1
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Florida House of Representatives - 2000 CS/HB 137
By the Committee on Crime & Punishment and Representatives
Ritter and Effman
1 A bill to be entitled
2 An act relating to construction contracting;
3 amending s. 489.127, F.S.; increasing penalties
4 applicable to construction by unlicensed
5 contractors; providing an effective date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Subsections (2) and (4) of section 489.127,
10 Florida Statutes, are amended to read:
11 489.127 Prohibitions; penalties.--
12 (1) No person shall:
13 (a) Falsely hold himself or herself or a business
14 organization out as a licensee, certificateholder, or
15 registrant;
16 (b) Falsely impersonate a certificateholder or
17 registrant;
18 (c) Present as his or her own the certificate,
19 registration, or certificate of authority of another;
20 (d) Knowingly give false or forged evidence to the
21 board or a member thereof;
22 (e) Use or attempt to use a certificate, registration,
23 or certificate of authority which has been suspended or
24 revoked;
25 (f) Engage in the business or act in the capacity of a
26 contractor or advertise himself or herself or a business
27 organization as available to engage in the business or act in
28 the capacity of a contractor without being duly registered or
29 certified or having a certificate of authority;
30 (g) Operate a business organization engaged in
31 contracting after 60 days following the termination of its
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1 only qualifying agent without designating another primary
2 qualifying agent, except as provided in ss. 489.119 and
3 489.1195;
4 (h) Commence or perform work for which a building
5 permit is required pursuant to part VII of chapter 553 without
6 such building permit being in effect; or
7 (i) Willfully or deliberately disregard or violate any
8 municipal or county ordinance relating to uncertified or
9 unregistered contractors.
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11 For purposes of this subsection, a person or business
12 organization operating on an inactive or suspended
13 certificate, registration, or certificate of authority is not
14 duly certified or registered and is considered unlicensed. An
15 occupational license certificate issued under the authority of
16 chapter 205 is not a license for purposes of this part.
17 (2)(a) Any unlicensed person who violates any of the
18 provisions of subsection (1), except for a violation of
19 paragraph (1)(i), commits a felony misdemeanor of the third
20 first degree, punishable as provided in s. 775.082 or s.
21 775.083. Any unlicensed person who violates paragraph (1)(i)
22 commits a misdemeanor of the first degree, punishable as
23 provided in s. 775.082 or s. 775.083.
24 (b) Any unlicensed person who commits a violation of
25 any of the provisions of subsection (1), except for a
26 violation of paragraph (1)(i), after having been previously
27 found guilty of such violation commits a felony of the second
28 third degree, punishable as provided in s. 775.082 or s.
29 775.083. Any unlicensed person who commits a violation of
30 paragraph (1)(i) after having been previously found guilty of
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Florida House of Representatives - 2000 CS/HB 137
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1 a violation of subsection (1) commits a felony of the third
2 degree, punishable as provided in s. 775.082 or s. 775.083.
3 (c) Any unlicensed person who commits a violation of
4 any of the provisions of subsection (1), except for a
5 violation of paragraph (1)(i), during the existence of a state
6 of emergency declared by executive order of the Governor
7 commits a felony of the second third degree, punishable as
8 provided in s. 775.082 or s. 775.083. Any unlicensed person
9 who commits a violation of paragraph (1)(i) during the
10 existence of a state of emergency declared by executive order
11 of the Governor commits a felony of the third degree,
12 punishable as provided in s. 775.082 or s. 775.083.
13 (d) Any person who operates as a pollutant storage
14 systems contractor, precision tank tester, or internal
15 pollutant storage tank lining applicator in violation of any
16 of the provisions of subsection (1), except for a violation of
17 paragraph (1)(i), commits a felony of the second third degree,
18 punishable as provided in s. 775.082 or s. 775.083. Any person
19 who operates as a pollutant storage systems contractor,
20 precision tank tester, or internal pollutant storage tank
21 lining applicator in violation of paragraph (1)(i) commits a
22 felony of the third degree, punishable as provided in s.
23 775.082 or s. 775.083.
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25 The remedies set forth in this subsection are not exclusive
26 and may be imposed in addition to the remedies set forth in s.
27 489.129(2).
28 (4)(a) A certified or registered contractor, or
29 contractor authorized by a local construction regulation board
30 to do contracting, may not enter into an agreement, oral or
31 written, whereby his or her certification number or
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1 registration number is used, or to be used, by a person who is
2 not certified or registered as provided for in this chapter,
3 or used, or to be used, by a business organization that is not
4 duly qualified as provided for in this chapter to engage in
5 the business, or act in the capacity, of a contractor.
6 (b) A certified or registered contractor, or
7 contractor authorized by a local construction regulation board
8 to do contracting, may not knowingly allow his or her
9 certification number or registration number to be used by a
10 person who is not certified or registered as provided for in
11 this chapter, or used by a business organization that is not
12 qualified as provided for in this chapter to engage in the
13 business, or act in the capacity of, a contractor.
14 (c) A certified or registered contractor, or
15 contractor authorized by a local construction regulation board
16 to do contracting, may not apply for or obtain a building
17 permit for construction work unless the certified or
18 registered contractor, or contractor authorized by a local
19 construction regulation board to do contracting, or business
20 organization duly qualified by said contractor, has entered
21 into a contract to make improvements to, or perform the
22 contracting at, the real property specified in the application
23 or permit. This paragraph does not prohibit a contractor from
24 applying for or obtaining a building permit to allow the
25 contractor to perform work for another person without
26 compensation or to perform work on property that is owned by
27 the contractor.
28 (d)1. A person who violates this subsection commits a
29 felony misdemeanor of the third first degree, punishable as
30 provided in s. 775.082 or s. 775.083.
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1 2. A person who violates this subsection after having
2 been previously found guilty of such violation commits a
3 felony of the second third degree, punishable as provided in
4 s. 775.082 or s. 775.083.
5 Section 2. This act shall take effect October 1, 2000.
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