Senate Bill sb1382

    Florida Senate - 2003                                  SB 1382

    By Senator Clary





    4-594-03

  1                      A bill to be entitled

  2         An act relating to contracting; amending s.

  3         489.128, F.S.; limiting the application of

  4         provisions that relate to the unenforceability

  5         of certain contracts performed by unlicensed

  6         contractors; repealing s. 489.532, F.S.,

  7         relating to contracts performed by unlicensed

  8         contractors; providing an effective date.

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

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12         Section 1.  Section 489.128, Florida Statutes, is

13  amended to read:

14         489.128  Contracts performed by unlicensed contractors

15  unenforceable.--

16         (1)  As a matter of public policy, contracts entered

17  into on or after October 1, 1990, and performed in full or in

18  part by any contractor who fails to obtain or maintain

19  licensure as required by a license in accordance with this

20  chapter part shall be unenforceable in law by the unlicensed

21  contractor. This section does not eliminate the equitable

22  rights of any party, and may only be invoked by a party in

23  direct privity of contract with the unlicensed contractor or

24  by a payment bond surety against whom an unlicensed contractor

25  has asserted a claim. Payment bond rights do not exist in

26  favor of any contractor who does not obtain or maintain

27  licensure. A contract rendered unenforceable by this section

28  does not render unenforceable any other contract or the

29  obligations of a surety who has provided a bond on behalf of

30  the unlicensed contractor. This section does not apply to any

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    Florida Senate - 2003                                  SB 1382
    4-594-03




 1  licensure requirements except those established by this

 2  chapter. or in equity.

 3         (2)  This section applies retroactively to contracts

 4  entered into on or after October 1, 1990.

 5         Section 2.  Section 489.532, Florida Statutes, is

 6  repealed.

 7         Section 3.  This act shall take effect July 1, 2003.

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10                          SENATE SUMMARY

11    Revises provisions relating to the unenforceability of
      contracts performed by unlicensed contractors to limit
12    the application to persons in direct privity with the
      unlicensed contractor. Repeals a duplicate provision.
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CODING: Words stricken are deletions; words underlined are additions.