| 1 | The Commerce Council 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 contracting; amending s. 489.503, F.S.; |
| 7 | exempting nationally recognized testing laboratories from |
| 8 | certain electrical and alarm system contracting |
| 9 | provisions; amending s. 489.505, F.S.; providing a |
| 10 | definition; amending ss. 489.128 and 489.532, F.S.; |
| 11 | providing that individuals performing certain construction |
| 12 | contracting work, certain business organizations entering |
| 13 | into construction contracts, or individuals performing |
| 14 | certain electrical and alarm system contracting work are |
| 15 | not considered unlicensed for purposes of contract |
| 16 | enforceability; providing for retroactive application; |
| 17 | providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraphs (a) and (b) of subsection (1) of |
| 22 | section 489.128, Florida Statutes, are amended to read: |
| 23 | 489.128 Contracts entered into by unlicensed contractors |
| 24 | unenforceable.-- |
| 25 | (1) As a matter of public policy, contracts entered into |
| 26 | on or after October 1, 1990, by an unlicensed contractor shall |
| 27 | be unenforceable in law or in equity by the unlicensed |
| 28 | contractor. |
| 29 | (a) For purposes of this section, an individual is |
| 30 | unlicensed if the individual does not have a license required by |
| 31 | this part concerning the scope of the work to be performed under |
| 32 | the contract. A business organization is unlicensed if the |
| 33 | business organization does not have a primary or secondary |
| 34 | qualifying agent in accordance with this part concerning the |
| 35 | scope of the work to be performed under the contract. For |
| 36 | purposes of this section, if no state or local license is |
| 37 | required for the scope of work to be performed under the |
| 38 | contract, the individual performing that work shall not be |
| 39 | considered unlicensed. |
| 40 | (b) For purposes of this section, an individual or |
| 41 | business organization may shall not be considered unlicensed for |
| 42 | failing to have an occupational license certificate issued under |
| 43 | the authority of chapter 205. A business organization may shall |
| 44 | not be considered unlicensed for failing to have a certificate |
| 45 | of authority as required by ss. 489.119 and 489.127. For |
| 46 | purposes of this section, a business organization entering into |
| 47 | the contract may not be considered unlicensed if, before the |
| 48 | date established by paragraph (c), an individual possessing a |
| 49 | license required by this part concerning the scope of the work |
| 50 | to be performed under the contract had submitted an application |
| 51 | for a certificate of authority designating that individual as a |
| 52 | qualifying agent for the business organization entering into the |
| 53 | contract, and the application was not acted upon by the |
| 54 | department or applicable board within the applicable time |
| 55 | limitations imposed by s. 120.60. |
| 56 | Section 2. Subsection (21) is added to section 489.503, |
| 57 | Florida Statutes, to read: |
| 58 | 489.503 Exemptions.--This part does not apply to: |
| 59 | (21) Inspections, audits, or quality assurance services |
| 60 | performed by a nationally recognized testing laboratory that the |
| 61 | Occupational Safety and Health Administration has recognized as |
| 62 | meeting the requirements of 29 C.F.R. s. 1910.7. |
| 63 | Section 3. Subsection (29) is added to section 489.505, |
| 64 | Florida Statutes, to read: |
| 65 | 489.505 Definitions.--As used in this part: |
| 66 | (29) "Nationally recognized testing laboratory" means an |
| 67 | organization that the Occupational Safety and Health |
| 68 | Administration has legally recognized to be in compliance with |
| 69 | 29 C.F.R. s. 1910.7 and that provides quality assurance, product |
| 70 | testing, or certification services. |
| 71 | Section 4. Paragraph (a) of subsection (1) of section |
| 72 | 489.532, Florida Statutes, is amended to read: |
| 73 | 489.532 Contracts entered into by unlicensed contractors |
| 74 | unenforceable.-- |
| 75 | (1) As a matter of public policy, contracts entered into |
| 76 | on or after October 1, 1990, by an unlicensed contractor shall |
| 77 | be unenforceable in law or in equity by the unlicensed |
| 78 | contractor. |
| 79 | (a) For purposes of this section, an individual is |
| 80 | unlicensed if the individual does not have a license required by |
| 81 | this part concerning the scope of the work to be performed under |
| 82 | the contract. A business organization is unlicensed if the |
| 83 | business organization does not have a primary or secondary |
| 84 | qualifying agent in accordance with this part concerning the |
| 85 | scope of the work to be performed under the contract. For |
| 86 | purposes of this section, if no state or local license is |
| 87 | required for the scope of work to be performed under the |
| 88 | contract, the individual performing that work shall not be |
| 89 | considered unlicensed. |
| 90 | Section 5. Sections 1 and 4 are intended to be remedial in |
| 91 | nature and to clarify existing law. Sections 1 and 4 shall apply |
| 92 | retroactively to all actions, including any action on a lien or |
| 93 | bond claim, initiated on or after, or pending as of, July 1, |
| 94 | 2006. If the retroactivity of any provision of section 1 or |
| 95 | section 4 or its retroactive application to any person or |
| 96 | circumstance is held invalid, the invalidity does not affect the |
| 97 | retroactivity or retroactive application of other provisions of |
| 98 | sections 1 and 4. |
| 99 | Section 6. This act shall take effect July 1, 2006. |