HB 1351CS

CHAMBER ACTION




1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to contracts entered into by unlicensed
7contractors; amending ss. 489.128 and 489.532, F.S.;
8providing that individuals performing certain construction
9contracting or electrical and alarm system contracting
10work are not considered unlicensed for purposes of
11contract enforceability; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (a) of subsection (1) of section
16489.128, Florida Statutes, is amended to read:
17     489.128  Contracts entered into by unlicensed contractors
18unenforceable.--
19     (1)  As a matter of public policy, contracts entered into
20on or after October 1, 1990, by an unlicensed contractor shall
21be unenforceable in law or in equity by the unlicensed
22contractor.
23     (a)  For purposes of this section, an individual is
24unlicensed if the individual does not have a license required by
25this part concerning the scope of the work to be performed under
26the contract. A business organization is unlicensed if the
27business organization does not have a primary or secondary
28qualifying agent in accordance with this part concerning the
29scope of the work to be performed under the contract. For
30purposes of this section, if no state or local license is
31required for the scope of work to be performed under the
32contract, the individual performing that work shall not be
33considered unlicensed.
34     Section 2.  Paragraph (a) of subsection (1) of section
35489.532, Florida Statutes, is amended to read:
36     489.532  Contracts entered into by unlicensed contractors
37unenforceable.--
38     (1)  As a matter of public policy, contracts entered into
39on or after October 1, 1990, by an unlicensed contractor shall
40be unenforceable in law or in equity by the unlicensed
41contractor.
42     (a)  For purposes of this section, an individual is
43unlicensed if the individual does not have a license required by
44this part concerning the scope of the work to be performed under
45the contract. A business organization is unlicensed if the
46business organization does not have a primary or secondary
47qualifying agent in accordance with this part concerning the
48scope of the work to be performed under the contract. For
49purposes of this section, if no state or local license is
50required for the scope of work to be performed under the
51contract, the individual performing that work shall not be
52considered unlicensed.
53     Section 3.  This act shall take effect July 1, 2006.


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