Senate Bill 1554

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



    Florida Senate - 2000                                  SB 1554

    By Senator Dyer





    14-1292-00                                          See HB 137

  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.

  6

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

  8

  9         Section 1.  Subsections (1), (2), and (4) of section

10  489.127, 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1554
    14-1292-00                                          See HB 137




  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.

10

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) commits a felony misdemeanor of

19  the third first degree, punishable as provided in s. 775.082

20  or s. 775.083.

21         (b)  Any unlicensed person who commits a violation of

22  subsection (1) after having been previously found guilty of

23  such violation commits a felony of the second third degree,

24  punishable as provided in s. 775.082 or s. 775.083.

25         (c)  Any unlicensed person who commits a violation of

26  subsection (1) during the existence of a state of emergency

27  declared by executive order of the Governor commits a felony

28  of the second third degree, punishable as provided in s.

29  775.082 or s. 775.083.

30         (d)  Any person who operates as a pollutant storage

31  systems contractor, precision tank tester, or internal

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






    Florida Senate - 2000                                  SB 1554
    14-1292-00                                          See HB 137




  1  pollutant storage tank lining applicator in violation of

  2  subsection (1) commits a felony of the second third degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4

  5  The remedies set forth in this subsection are not exclusive

  6  and may be imposed in addition to the remedies set forth in s.

  7  489.129(2).

  8         (4)(a)  A certified or registered contractor, or

  9  contractor authorized by a local construction regulation board

10  to do contracting, may not enter into an agreement, oral or

11  written, whereby his or her certification number or

12  registration number is used, or to be used, by a person who is

13  not certified or registered as provided for in this chapter,

14  or used, or to be used, by a business organization that is not

15  duly qualified as provided for in this chapter to engage in

16  the business, or act in the capacity, of a contractor.

17         (b)  A certified or registered contractor, or

18  contractor authorized by a local construction regulation board

19  to do contracting, may not knowingly allow his or her

20  certification number or registration number to be used by a

21  person who is not certified or registered as provided for in

22  this chapter, or used by a business organization that is not

23  qualified as provided for in this chapter to engage in the

24  business, or act in the capacity of, a contractor.

25         (c)  A certified or registered contractor, or

26  contractor authorized by a local construction regulation board

27  to do contracting, may not apply for or obtain a building

28  permit for construction work unless the certified or

29  registered contractor, or contractor authorized by a local

30  construction regulation board to do contracting, or business

31  organization duly qualified by said contractor, has entered

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






    Florida Senate - 2000                                  SB 1554
    14-1292-00                                          See HB 137




  1  into a contract to make improvements to, or perform the

  2  contracting at, the real property specified in the application

  3  or permit.  This paragraph does not prohibit a contractor from

  4  applying for or obtaining a building permit to allow the

  5  contractor to perform work for another person without

  6  compensation or to perform work on property that is owned by

  7  the contractor.

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

  9  felony misdemeanor of the third first degree, punishable as

10  provided in s. 775.082 or s. 775.083.

11         2.  A person who violates this subsection after having

12  been previously found guilty of such violation commits a

13  felony of the second third degree, punishable as provided in

14  s. 775.082 or s. 775.083.

15         Section 2.  This act shall take effect October 1, 2000.

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18                       LEGISLATIVE SUMMARY

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      Increases penalties applicable to construction by
20    unlicensed contractors, to make all such penalties second
      degree or third degree felonies.  (See bill for details.)
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