1 | The Business Regulation Committee recommends the following: |
2 |
|
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 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
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. |