| 1 | A bill to be entitled |
| 2 | An act relating to construction contracting; amending s. |
| 3 | 489.113, F.S.; revising requirements for supervision of |
| 4 | uncertified or unregistered persons by certified or |
| 5 | registered contractors; providing a limitation; providing |
| 6 | an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (2) of section 489.113, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 489.113 Qualifications for practice; restrictions.-- |
| 13 | (2) No person who is not certified or registered shall |
| 14 | engage in the business of contracting in this state. However, |
| 15 | for purposes of complying with the provisions of this chapter, a |
| 16 | person who is not certified or registered may perform |
| 17 | construction work under the supervision of a Division I or |
| 18 | Division II contractor person who is certified or registered, |
| 19 | provided that the work is within the scope of the supervisor's |
| 20 | license and provided that Division I contractors may not apply |
| 21 | this section to have the person being supervised is not engaged |
| 22 | in construction work performed which would require a license as |
| 23 | a contractor under any of the categories listed in s. |
| 24 | 489.105(3)(d)-(p)(o). This subsection does not affect the |
| 25 | application of any local construction licensing ordinances. To |
| 26 | enforce this subsection: |
| 27 | (a) The department shall issue a cease and desist order to |
| 28 | prohibit any person from engaging in the business of contracting |
| 29 | who does not hold the required certification or registration for |
| 30 | the work being performed under this part. For the purpose of |
| 31 | enforcing a cease and desist order, the department may file a |
| 32 | proceeding in the name of the state seeking issuance of an |
| 33 | injunction or a writ of mandamus against any person who violates |
| 34 | any provision of such order. |
| 35 | (b) A county, municipality, or local licensing board |
| 36 | created by special act may issue a cease and desist order to |
| 37 | prohibit any person from engaging in the business of contracting |
| 38 | who does not hold the required certification or registration for |
| 39 | the work being performed under this part. |
| 40 | Section 2. This act shall take effect July 1, 2005. |