HB 0861

1
A bill to be entitled
2An act relating to construction contracting; amending s.
3489.113, F.S.; revising requirements for supervision of
4uncertified or unregistered persons by certified or
5registered contractors; providing a limitation; providing
6an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (2) of section 489.113, Florida
11Statutes, is amended to read:
12     489.113  Qualifications for practice; restrictions.--
13     (2)  No person who is not certified or registered shall
14engage in the business of contracting in this state. However,
15for purposes of complying with the provisions of this chapter, a
16person who is not certified or registered may perform
17construction work under the supervision of a Division I or
18Division II contractor person who is certified or registered,
19provided that the work is within the scope of the supervisor's
20license and provided that Division I contractors may not apply
21this section to have the person being supervised is not engaged
22in construction work performed which would require a license as
23a contractor under any of the categories listed in s.
24489.105(3)(d)-(p)(o). This subsection does not affect the
25application of any local construction licensing ordinances. To
26enforce this subsection:
27     (a)  The department shall issue a cease and desist order to
28prohibit any person from engaging in the business of contracting
29who does not hold the required certification or registration for
30the work being performed under this part. For the purpose of
31enforcing a cease and desist order, the department may file a
32proceeding in the name of the state seeking issuance of an
33injunction or a writ of mandamus against any person who violates
34any provision of such order.
35     (b)  A county, municipality, or local licensing board
36created by special act may issue a cease and desist order to
37prohibit any person from engaging in the business of contracting
38who does not hold the required certification or registration for
39the work being performed under this part.
40     Section 2.  This act shall take effect July 1, 2005.


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