Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1894
Barcode 345568
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/25/2006 11:24 AM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Regulated Industries (Haridopolos)
12 recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Paragraphs (a) and (b) of subsection (1) of
19 section 489.128, Florida Statutes, are amended to read:
20 489.128 Contracts entered into by unlicensed
21 contractors unenforceable.--
22 (1) As a matter of public policy, contracts entered
23 into on or after October 1, 1990, by an unlicensed contractor
24 shall be unenforceable in law or in equity by the unlicensed
25 contractor.
26 (a) For purposes of this section, an individual is
27 unlicensed if the individual does not have a license required
28 by this part concerning the scope of the work to be performed
29 under the contract. A business organization is unlicensed if
30 the business organization does not have a primary or secondary
31 qualifying agent in accordance with this part concerning the
1
8:14 AM 04/24/06 s1894d-ri26-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1894
Barcode 345568
1 scope of the work to be performed under the contract. For
2 purposes of this section, if no state or local license is
3 required for the scope of work to be performed under the
4 contract, the individual performing that work shall not be
5 considered unlicensed.
6 (b) For purposes of this section, an individual or
7 business organization may shall not be considered unlicensed
8 for failing to have an occupational license certificate issued
9 under the authority of chapter 205. A business organization
10 may shall not be considered unlicensed for failing to have a
11 certificate of authority as required by ss. 489.119 and
12 489.127. For purposes of this section, a business
13 organization entering into the contract may not be considered
14 unlicensed if, before the date established by paragraph (c),
15 an individual possessing a license required by this part
16 concerning the scope of the work to be performed under the
17 contract has submitted an application for a certificate of
18 authority designating that individual as a qualifying agent
19 for the business organization entering into the contract, and
20 the application was not acted upon by the department or
21 applicable board within the time limitations imposed by s.
22 120.60.
23 Section 2. Subsection (21) is added to section
24 489.503, Florida Statutes, to read:
25 489.503 Exemptions.--This part does not apply to:
26 (21) Alarm system inspections, audits, or quality
27 assurance services performed by a nationally recognized
28 testing laboratory that the Occupational Safety and Health
29 Administration has recognized as meeting the requirements of
30 29 C.F.R. s. 1910.7.
31 Section 3. Subsection (29) is added to section
2
8:14 AM 04/24/06 s1894d-ri26-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1894
Barcode 345568
1 489.505, Florida Statutes, to read:
2 489.505 Definitions.--As used in this part:
3 (29) "Nationally recognized testing laboratory" means
4 an organization that the Occupational Safety and Health
5 Administration has legally recognized to be in compliance with
6 29 C.F.R. s. 1910.7 and that provides quality assurance,
7 product testing, or certification services.
8 Section 4. Paragraph (a) of subsection (1) of section
9 489.532, Florida Statutes, is amended to read:
10 489.532 Contracts entered into by unlicensed
11 contractors unenforceable.--
12 (1) As a matter of public policy, contracts entered
13 into on or after October 1, 1990, by an unlicensed contractor
14 shall be unenforceable in law or in equity by the unlicensed
15 contractor.
16 (a) For purposes of this section, an individual is
17 unlicensed if the individual does not have a license required
18 by this part concerning the scope of the work to be performed
19 under the contract. A business organization is unlicensed if
20 the business organization does not have a primary or secondary
21 qualifying agent in accordance with this part concerning the
22 scope of the work to be performed under the contract. For
23 purposes of this section, if no state or local license is
24 required for the scope of work to be performed under the
25 contract, the individual performing that work shall not be
26 considered unlicensed.
27 Section 5. Sections 1 and 4 are intended to be
28 remedial in nature and to clarify existing law. Sections 1 and
29 4 shall apply retroactively to all actions, including any
30 action on a lien or bond claim, initiated on or after, or
31 pending as of, July 1, 2006. If the retroactivity of any
3
8:14 AM 04/24/06 s1894d-ri26-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1894
Barcode 345568
1 provision of section 1 or section 4 or its retroactive
2 application to any person or circumstance is held invalid, the
3 invalidity does not affect the retroactivity or retroactive
4 application of other provisions of sections 1 and 4.
5 Section 6. This act shall take effect July 1, 2006.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause
11
12 and insert:
13 A bill to be entitled
14 An act relating to contracting; amending s.
15 489.503, F.S.; exempting nationally recognized
16 testing laboratories from certain alarm system
17 contracting provisions; amending s. 489.505,
18 F.S.; defining the term "nationally recognized
19 testing laboratory"; amending ss. 489.128 and
20 489.532, F.S.; providing that individuals
21 performing certain construction contracting or
22 electrical and alarm system contracting work
23 are not considered unlicensed for purposes of
24 contract enforceability; providing for
25 retroactive application; providing an effective
26 date.
27
28
29
30
31
4
8:14 AM 04/24/06 s1894d-ri26-k0a