Senate Bill sb1894
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1894
By Senator Baker
20-1326-06
1 A bill to be entitled
2 An act relating to contracting; amending ss.
3 489.113 and 489.117, F.S.; exempting certain
4 contractors and specialty contractors who are
5 working under the supervision of a property
6 owner who is acting as his or her own
7 contractor from certification or registration
8 requirements; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (2) of section 489.113, Florida
13 Statutes, is amended to read:
14 489.113 Qualifications for practice; restrictions.--
15 (2) No person who is not certified or registered shall
16 engage in the business of contracting in this state. However,
17 for purposes of complying with the provisions of this chapter,
18 a person who is not certified or registered may perform
19 construction work under the supervision of a person who is
20 certified or registered, or under the supervision of the
21 property owner who is acting as his or her own contractor
22 pursuant to s. 489.103(7), if provided that the work is within
23 the scope of the supervisor's license and provided that the
24 person being supervised is not engaged in construction work
25 that which would require a license as a contractor under any
26 of the categories listed in s. 489.105(3)(d)-(o). This
27 subsection does not affect the application of any local
28 construction licensing ordinances. To enforce this
29 subsection:
30 (a) The department shall issue a cease and desist
31 order to prohibit any person from engaging in the business of
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1894
20-1326-06
1 contracting who does not hold the required certification or
2 registration for the work being performed under this part.
3 For the purpose of enforcing a cease and desist order, the
4 department may file a proceeding in the name of the state
5 seeking issuance of an injunction or a writ of mandamus
6 against any person who violates any provision of such order.
7 (b) A county, municipality, or local licensing board
8 created by special act may issue a cease and desist order to
9 prohibit any person from engaging in the business of
10 contracting who does not hold the required certification or
11 registration for the work being performed under this part.
12 Section 2. Paragraph (e) of subsection (4) of section
13 489.117, Florida Statutes, is amended to read:
14 489.117 Registration; specialty contractors.--
15 (4)
16 (e) Any person who is not required to obtain
17 registration or certification pursuant to s. 489.105(3)(d)-(o)
18 may perform specialty contracting services for the
19 construction, remodeling, repair, or improvement of
20 single-family residences, including a townhouse as defined in
21 the Florida Building Code, without obtaining a local
22 professional license if such person is under the supervision
23 of a certified or registered general, building, or residential
24 contractor, or is under the supervision of the property owner
25 who is acting as his or her own contractor pursuant to s.
26 489.103(7). As used in this paragraph, supervision shall not
27 be deemed to require the existence of a direct contract
28 between the certified or registered general, building, or
29 residential contractor and the person performing specialty
30 contracting services.
31 Section 3. This act shall take effect July 1, 2006.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1894
20-1326-06
1 *****************************************
2 SENATE SUMMARY
3 Exempts certain contractors and specialty contractors
from certification and registration requirements if they
4 are working under the supervision of a property owner who
is acting as his or her own contractor.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.