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. |