HB 1351CS

CHAMBER ACTION




1The Commerce Council 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 contracting; amending s. 489.503, F.S.;
7exempting nationally recognized testing laboratories from
8certain electrical and alarm system contracting
9provisions; amending s. 489.505, F.S.; providing a
10definition; amending ss. 489.128 and 489.532, F.S.;
11providing that individuals performing certain construction
12contracting work, certain business organizations entering
13into construction contracts, or individuals performing
14certain electrical and alarm system contracting work are
15not considered unlicensed for purposes of contract
16enforceability; providing for retroactive application;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraphs (a) and (b) of subsection (1) of
22section 489.128, Florida Statutes, are amended to read:
23     489.128  Contracts entered into by unlicensed contractors
24unenforceable.--
25     (1)  As a matter of public policy, contracts entered into
26on or after October 1, 1990, by an unlicensed contractor shall
27be unenforceable in law or in equity by the unlicensed
28contractor.
29     (a)  For purposes of this section, an individual is
30unlicensed if the individual does not have a license required by
31this part concerning the scope of the work to be performed under
32the contract. A business organization is unlicensed if the
33business organization does not have a primary or secondary
34qualifying agent in accordance with this part concerning the
35scope of the work to be performed under the contract. For
36purposes of this section, if no state or local license is
37required for the scope of work to be performed under the
38contract, the individual performing that work shall not be
39considered unlicensed.
40     (b)  For purposes of this section, an individual or
41business organization may shall not be considered unlicensed for
42failing to have an occupational license certificate issued under
43the authority of chapter 205. A business organization may shall
44not be considered unlicensed for failing to have a certificate
45of authority as required by ss. 489.119 and 489.127. For
46purposes of this section, a business organization entering into
47the contract may not be considered unlicensed if, before the
48date established by paragraph (c), an individual possessing a
49license required by this part concerning the scope of the work
50to be performed under the contract had submitted an application
51for a certificate of authority designating that individual as a
52qualifying agent for the business organization entering into the
53contract, and the application was not acted upon by the
54department or applicable board within the applicable time
55limitations imposed by s. 120.60.
56     Section 2.  Subsection (21) is added to section 489.503,
57Florida Statutes, to read:
58     489.503  Exemptions.--This part does not apply to:
59     (21)  Inspections, audits, or quality assurance services
60performed by a nationally recognized testing laboratory that the
61Occupational Safety and Health Administration has recognized as
62meeting the requirements of 29 C.F.R. s. 1910.7.
63     Section 3.  Subsection (29) is added to section 489.505,
64Florida Statutes, to read:
65     489.505  Definitions.--As used in this part:
66     (29)  "Nationally recognized testing laboratory" means an
67organization that the Occupational Safety and Health
68Administration has legally recognized to be in compliance with
6929 C.F.R. s. 1910.7 and that provides quality assurance, product
70testing, or certification services.
71     Section 4.  Paragraph (a) of subsection (1) of section
72489.532, Florida Statutes, is amended to read:
73     489.532  Contracts entered into by unlicensed contractors
74unenforceable.--
75     (1)  As a matter of public policy, contracts entered into
76on or after October 1, 1990, by an unlicensed contractor shall
77be unenforceable in law or in equity by the unlicensed
78contractor.
79     (a)  For purposes of this section, an individual is
80unlicensed if the individual does not have a license required by
81this part concerning the scope of the work to be performed under
82the contract. A business organization is unlicensed if the
83business organization does not have a primary or secondary
84qualifying agent in accordance with this part concerning the
85scope of the work to be performed under the contract. For
86purposes of this section, if no state or local license is
87required for the scope of work to be performed under the
88contract, the individual performing that work shall not be
89considered unlicensed.
90     Section 5.  Sections 1 and 4 are intended to be remedial in
91nature and to clarify existing law. Sections 1 and 4 shall apply
92retroactively to all actions, including any action on a lien or
93bond claim, initiated on or after, or pending as of, July 1,
942006. If the retroactivity of any provision of section 1 or
95section 4 or its retroactive application to any person or
96circumstance is held invalid, the invalidity does not affect the
97retroactivity or retroactive application of other provisions of
98sections 1 and 4.
99     Section 6.  This act shall take effect July 1, 2006.


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