CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 903
Amendment No. 2 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Business Regulation offered the following:
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13 Amendment (with title amendment)
14 On page 3, line 13, of the bill
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16 insert a new Section 4:
17 Section 4. Section 489.5391, Florida Statutes, is
18 created to read:
19 489.5391 Unlicensed contracting; fine; authority to
20 issue or receive a building permit; web page.--
21 (1) Any person performing an activity requiring
22 licensure under this part in any of the categories listed in
23 s. 489.505 is guilty of unlicensed contracting if he or she
24 does not hold a valid active license authorizing him or her to
25 perform such activity, regardless of whether he or she holds a
26 local contractor license or local certificate of competency.
27 Persons working outside the geographical scope of their local
28 certification are guilty of unlicensed activity for purposes
29 of this part.
30 (2) Notwithstanding s. 455.228, the department may
31 impose an administrative fine of up to $10,000 on any
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HOUSE AMENDMENT
Bill No. HB 903
Amendment No. 2 (for drafter's use only)
1 unlicensed person guilty of unlicensed contracting. In
2 addition, the department may assess reasonable investigative
3 and legal costs for prosecution of the violation against the
4 unlicensed contractor. The department may waive up to one-half
5 of any fine imposed if the unlicensed contractor complies with
6 licensure within 1 year after imposition of the fine under
7 this subsection.
8 (3)(a) Any fines collected under this section shall be
9 first used to cover the investigative and legal costs of
10 prosecution.
11 (b) Any local governing body that forwards information
12 relating to any person who is an unlicensed contractor shall
13 collect 30 percent of the fine collected, after deduction of
14 the investigative and legal costs of prosecution.
15 (c) The balance of any fines collected under this
16 section shall be used to maintain the department's unlicensed
17 contractor website page, as specified in subsection (5).
18 (4) A local building department shall not issue a
19 building permit to any contractor, or to any person
20 representing himself or herself as a contractor, who does not
21 hold a valid active license in the appropriate category.
22 Possession of a local certificate of competency or local
23 construction license is not sufficient to lawfully obtain a
24 building permit as a construction contractor if the activity
25 in question requires licensure under this part. Nothing in
26 this section shall be construed as prohibiting a local
27 building department from issuing a building permit to a
28 locally licensed or certified contractor for an activity that
29 does not require licensure under this part.
30 (5) The department shall create a web page, accessible
31 through its Internet website, dedicated solely to listing any
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HOUSE AMENDMENT
Bill No. HB 903
Amendment No. 2 (for drafter's use only)
1 known information concerning unlicensed contractors. The
2 information shall be provided in such a way that any person
3 with computer on-line capabilities can access information
4 concerning unlicensed contractors by name or by county. The
5 department shall recognize that persons found guilty of
6 unlicensed contracting do not have the same rights and
7 privileges as licensees, and the department shall not restrict
8 the quality or quantity of information on the web page
9 required by this subsection, unless otherwise required by law.
10 (6) The remedies set forth in this section are not
11 exclusive and may be imposed in addition to the remedies set
12 forth in s. 489.531(3). In addition, nothing in this section
13 is intended to prohibit the department or any local governing
14 body from filing a civil action or seeking criminal penalties
15 against an unlicensed contractor.
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19 And the title is amended as follows:
20 On page 1, line 10, after the semicolon,
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22 insert:
23 creating s. 489.5391, F.S.; providing for
24 issuance of a notice of noncompliance,
25 imposition of an administrative fine, and
26 assessment of costs of prosecution for
27 unlicensed contracting; specifying that such
28 remedies are not exclusive; providing uses of
29 fine proceeds; requiring the creating of a web
30 page dedicated to listing information on
31 unlicensed contractors;
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File original & 9 copies 02/12/02
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