1 | A bill to be entitled |
2 | An act relating to contracting exemptions; amending ss. |
3 | 489.103 and 489.503, F.S.; revising exemptions for certain |
4 | owners of property from certain contracting provisions; |
5 | increasing maximum construction costs allowed for |
6 | exemption; requiring owners of property to satisfy certain |
7 | local permitting agency requirements; providing for |
8 | penalties; providing an exemption for owners of property |
9 | damaged by certain natural causes; providing an effective |
10 | date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Subsection (7) of section 489.103, Florida |
15 | Statutes, is amended to read: |
16 | 489.103 Exemptions.--This part does not apply to: |
17 | (7) Owners of property when acting as their own contractor |
18 | and providing direct, onsite supervision themselves of all work |
19 | not performed by licensed contractors:, |
20 | (a) When building or improving farm outbuildings or one- |
21 | family or two-family residences on such property for the |
22 | occupancy or use of such owners and not offered for sale or |
23 | lease, or building or improving commercial buildings, at a cost |
24 | not to exceed $75,000 $25,000, on such property for the |
25 | occupancy or use of such owners and not offered for sale or |
26 | lease. In an action brought under this part, proof of the sale |
27 | or lease, or offering for sale or lease, of any such structure |
28 | by the owner-builder within 1 year after completion of same |
29 | creates a presumption that the construction was undertaken for |
30 | purposes of sale or lease. |
31 | (b) When repairing or replacing wood shakes or asphalt or |
32 | fiberglass shingles on one-family, two-family, or three-family |
33 | residences for the occupancy or use of such owner or tenant of |
34 | the owner and not offered for sale within 1 year after |
35 | completion of the work and when the property has been damaged by |
36 | natural causes from an event recognized as an emergency |
37 | situation designated by executive order issued by the Governor |
38 | declaring the existence of a state of emergency as a result and |
39 | consequence of a serious threat posed to the public health, |
40 | safety, and property in this state. |
41 |
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42 | This subsection does not exempt any person who is employed by or |
43 | has a contract with such owner and who acts in the capacity of a |
44 | contractor. The owner may not delegate the owner's |
45 | responsibility to directly supervise all work to any other |
46 | person unless that person is registered or certified under this |
47 | part and the work being performed is within the scope of that |
48 | person's license. For the purposes of this subsection, the term |
49 | "owners of property" includes the owner of a mobile home |
50 | situated on a leased lot. To qualify for exemption under this |
51 | subsection, an owner must personally appear and sign the |
52 | building permit application and must satisfy local permitting |
53 | agency requirements, if any, proving that the owner has a |
54 | complete understanding of the owner's obligations under the law |
55 | as specified in the disclosure statement in this section. If any |
56 | person violates the requirements of this subsection, the local |
57 | permitting agency shall withhold final approval, revoke the |
58 | permit, or pursue any action or remedy for unlicensed activity |
59 | against the owner and any person performing work that requires |
60 | licensure under the permit issued. The local permitting agency |
61 | shall provide the person with a disclosure statement in |
62 | substantially the following form: |
63 |
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64 | Disclosure Statement |
65 |
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66 | State law requires construction to be done by licensed |
67 | contractors. You have applied for a permit under an exemption to |
68 | that law. The exemption allows you, as the owner of your |
69 | property, to act as your own contractor with certain |
70 | restrictions even though you do not have a license. You must |
71 | provide direct, onsite supervision of the construction yourself. |
72 | You may build or improve a one-family or two-family residence or |
73 | a farm outbuilding. You may also build or improve a commercial |
74 | building, provided your costs do not exceed $75,000 $25,000. The |
75 | building or residence must be for your own use or occupancy. It |
76 | may not be built or substantially improved for sale or lease. If |
77 | you sell or lease a building you have built or substantially |
78 | improved yourself within 1 year after the construction is |
79 | complete, the law will presume that you built or substantially |
80 | improved it for sale or lease, which is a violation of this |
81 | exemption. You may not hire an unlicensed person to act as your |
82 | contractor or to supervise people working on your building. It |
83 | is your responsibility to make sure that people employed by you |
84 | have licenses required by state law and by county or municipal |
85 | licensing ordinances. You may not delegate the responsibility |
86 | for supervising work to a licensed contractor who is not |
87 | licensed to perform the work being done. Any person working on |
88 | your building who is not licensed must work under your direct |
89 | supervision and must be employed by you, which means that you |
90 | must deduct F.I.C.A. and withholding tax and provide workers' |
91 | compensation for that employee, all as prescribed by law. Your |
92 | construction must comply with all applicable laws, ordinances, |
93 | building codes, and zoning regulations. |
94 | Section 2. Subsection (6) of section 489.503, Florida |
95 | Statutes, is amended to read: |
96 | 489.503 Exemptions.--This part does not apply to: |
97 | (6) An owner of property making application for permit, |
98 | supervising, and doing the work in connection with the |
99 | construction, maintenance, repair, and alteration of and |
100 | addition to a single-family or duplex residence for his or her |
101 | own use and occupancy and not intended for sale or an owner of |
102 | property when acting as his or her own electrical contractor and |
103 | providing all material supervision himself or herself, when |
104 | building or improving a farm outbuilding or a single-family or |
105 | duplex residence on such property for the occupancy or use of |
106 | such owner and not offered for sale or lease, or building or |
107 | improving a commercial building with aggregate construction |
108 | costs of under $75,000 $25,000 on such property for the |
109 | occupancy or use of such owner and not offered for sale or |
110 | lease. In an action brought under this subsection, proof of the |
111 | sale or lease, or offering for sale or lease, of more than one |
112 | such structure by the owner-builder within 1 year after |
113 | completion of same is prima facie evidence that the construction |
114 | was undertaken for purposes of sale or lease. This subsection |
115 | does not exempt any person who is employed by such owner and who |
116 | acts in the capacity of a contractor. For the purpose of this |
117 | subsection, the term "owner of property" includes the owner of a |
118 | mobile home situated on a leased lot. To qualify for exemption |
119 | under this subsection, an owner shall personally appear and sign |
120 | the building permit application and must satisfy local |
121 | permitting agency requirements, if any, proving that the owner |
122 | has a complete understanding of the owner's obligations under |
123 | the law as specified in the disclosure statement in this |
124 | section. If any person violates the requirements of this |
125 | subsection, the local permitting agency shall withhold final |
126 | approval, revoke the permit, or pursue any action or remedy for |
127 | unlicensed activity against the owner and any person performing |
128 | work that requires licensure under the permit issued. The local |
129 | permitting agency shall provide the owner with a disclosure |
130 | statement in substantially the following form: |
131 |
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132 | Disclosure Statement |
133 |
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134 | State law requires electrical contracting to be done by |
135 | licensed electrical contractors. You have applied for a permit |
136 | under an exemption to that law. The exemption allows you, as the |
137 | owner of your property, to act as your own electrical contractor |
138 | even though you do not have a license. You may install |
139 | electrical wiring for a farm outbuilding or a single-family or |
140 | duplex residence. You may install electrical wiring in a |
141 | commercial building the aggregate construction costs of which |
142 | are under $75,000 $25,000. The home or building must be for your |
143 | own use and occupancy. It may not be built for sale or lease. If |
144 | you sell or lease more than one building you have wired yourself |
145 | within 1 year after the construction is complete, the law will |
146 | presume that you built it for sale or lease, which is a |
147 | violation of this exemption. You may not hire an unlicensed |
148 | person as your electrical contractor. Your construction shall be |
149 | done according to building codes and zoning regulations. It is |
150 | your responsibility to make sure that people employed by you |
151 | have licenses required by state law and by county or municipal |
152 | licensing ordinances. |
153 | Section 3. This act shall take effect July 1, 2006. |