| 1 | The Business Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to contracts entered into by unlicensed |
| 7 | contractors; amending ss. 489.128 and 489.532, F.S.; |
| 8 | providing that individuals performing certain construction |
| 9 | contracting or electrical and alarm system contracting |
| 10 | work are not considered unlicensed for purposes of |
| 11 | contract enforceability; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (a) of subsection (1) of section |
| 16 | 489.128, Florida Statutes, is amended to read: |
| 17 | 489.128 Contracts entered into by unlicensed contractors |
| 18 | unenforceable.-- |
| 19 | (1) As a matter of public policy, contracts entered into |
| 20 | on or after October 1, 1990, by an unlicensed contractor shall |
| 21 | be unenforceable in law or in equity by the unlicensed |
| 22 | contractor. |
| 23 | (a) For purposes of this section, an individual is |
| 24 | unlicensed if the individual does not have a license required by |
| 25 | this part concerning the scope of the work to be performed under |
| 26 | the contract. A business organization is unlicensed if the |
| 27 | business organization does not have a primary or secondary |
| 28 | qualifying agent in accordance with this part concerning the |
| 29 | scope of the work to be performed under the contract. For |
| 30 | purposes of this section, if no state or local license is |
| 31 | required for the scope of work to be performed under the |
| 32 | contract, the individual performing that work shall not be |
| 33 | considered unlicensed. |
| 34 | Section 2. Paragraph (a) of subsection (1) of section |
| 35 | 489.532, Florida Statutes, is amended to read: |
| 36 | 489.532 Contracts entered into by unlicensed contractors |
| 37 | unenforceable.-- |
| 38 | (1) As a matter of public policy, contracts entered into |
| 39 | on or after October 1, 1990, by an unlicensed contractor shall |
| 40 | be unenforceable in law or in equity by the unlicensed |
| 41 | contractor. |
| 42 | (a) For purposes of this section, an individual is |
| 43 | unlicensed if the individual does not have a license required by |
| 44 | this part concerning the scope of the work to be performed under |
| 45 | the contract. A business organization is unlicensed if the |
| 46 | business organization does not have a primary or secondary |
| 47 | qualifying agent in accordance with this part concerning the |
| 48 | scope of the work to be performed under the contract. For |
| 49 | purposes of this section, if no state or local license is |
| 50 | required for the scope of work to be performed under the |
| 51 | contract, the individual performing that work shall not be |
| 52 | considered unlicensed. |
| 53 | Section 3. This act shall take effect July 1, 2006. |