Senate Bill sb2472

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2472

    By Senator Peaden





    2-1423A-06                                         See HB 1367

  1                      A bill to be entitled

  2         An act relating to contracting exemptions;

  3         amending ss. 489.103 and 489.503, F.S.;

  4         revising exemptions for certain owners of

  5         property from certain contracting provisions;

  6         increasing maximum construction costs allowed

  7         for exemption; requiring owners of property to

  8         satisfy certain local permitting agency

  9         requirements; providing for penalties;

10         providing an exemption for owners of property

11         damaged by certain natural causes; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (7) of section 489.103, Florida

17  Statutes, is amended to read:

18         489.103  Exemptions.--This part does not apply to:

19         (7)  Owners of property when acting as their own

20  contractor and providing direct, onsite supervision themselves

21  of all work not performed by licensed contractors:,

22         (a)  When building or improving farm outbuildings or

23  one-family or two-family residences on such property for the

24  occupancy or use of such owners and not offered for sale or

25  lease, or building or improving commercial buildings, at a

26  cost not to exceed $75,000 $25,000, on such property for the

27  occupancy or use of such owners and not offered for sale or

28  lease. In an action brought under this part, proof of the sale

29  or lease, or offering for sale or lease, of any such structure

30  by the owner-builder within 1 year after completion of same

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2472
    2-1423A-06                                         See HB 1367




 1  creates a presumption that the construction was undertaken for

 2  purposes of sale or lease.

 3         (b)  When repairing or replacing wood shakes or asphalt

 4  or fiberglass shingles on one-family, two-family, or

 5  three-family residences for the occupancy or use of such owner

 6  or tenant of the owner and not offered for sale within 1 year

 7  after completion of the work and when the property has been

 8  damaged by natural causes from an event recognized as an

 9  emergency situation designated by executive order issued by

10  the Governor declaring the existence of a state of emergency

11  as a result and consequence of a serious threat posed to the

12  public health, safety, and property in this state.

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14  This subsection does not exempt any person who is employed by

15  or has a contract with such owner and who acts in the capacity

16  of a contractor. The owner may not delegate the owner's

17  responsibility to directly supervise all work to any other

18  person unless that person is registered or certified under

19  this part and the work being performed is within the scope of

20  that person's license. For the purposes of this subsection,

21  the term "owners of property" includes the owner of a mobile

22  home situated on a leased lot. To qualify for exemption under

23  this subsection, an owner must personally appear and sign the

24  building permit application and must satisfy local permitting

25  agency requirements, if any, proving that the owner has a

26  complete understanding of the owner's obligations under the

27  law as specified in the disclosure statement in this section.

28  If any person violates the requirements of this subsection,

29  the local permitting agency shall withhold final approval,

30  revoke the permit, or pursue any action or remedy for

31  unlicensed activity against the owner and any person

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2472
    2-1423A-06                                         See HB 1367




 1  performing work that requires licensure under the permit

 2  issued. The local permitting agency shall provide the person

 3  with a disclosure statement in substantially the following

 4  form:

 5         Disclosure Statement

 6         State law requires construction to be done by licensed

 7  contractors. You have applied for a permit under an exemption

 8  to that law. The exemption allows you, as the owner of your

 9  property, to act as your own contractor with certain

10  restrictions even though you do not have a license. You must

11  provide direct, onsite supervision of the construction

12  yourself. You may build or improve a one-family or two-family

13  residence or a farm outbuilding. You may also build or improve

14  a commercial building, provided your costs do not exceed

15  $75,000 $25,000. The building or residence must be for your

16  own use or occupancy. It may not be built or substantially

17  improved for sale or lease. If you sell or lease a building

18  you have built or substantially improved yourself within 1

19  year after the construction is complete, the law will presume

20  that you built or substantially improved it for sale or lease,

21  which is a violation of this exemption. You may not hire an

22  unlicensed person to act as your contractor or to supervise

23  people working on your building. It is your responsibility to

24  make sure that people employed by you have licenses required

25  by state law and by county or municipal licensing ordinances.

26  You may not delegate the responsibility for supervising work

27  to a licensed contractor who is not licensed to perform the

28  work being done. Any person working on your building who is

29  not licensed must work under your direct supervision and must

30  be employed by you, which means that you must deduct F.I.C.A.

31  and withholding tax and provide workers' compensation for that

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2472
    2-1423A-06                                         See HB 1367




 1  employee, all as prescribed by law. Your construction must

 2  comply with all applicable laws, ordinances, building codes,

 3  and zoning regulations.

 4         Section 2.  Subsection (6) of section 489.503, Florida

 5  Statutes, is amended to read:

 6         489.503  Exemptions.--This part does not apply to:

 7         (6)  An owner of property making application for

 8  permit, supervising, and doing the work in connection with the

 9  construction, maintenance, repair, and alteration of and

10  addition to a single-family or duplex residence for his or her

11  own use and occupancy and not intended for sale or an owner of

12  property when acting as his or her own electrical contractor

13  and providing all material supervision himself or herself,

14  when building or improving a farm outbuilding or a

15  single-family or duplex residence on such property for the

16  occupancy or use of such owner and not offered for sale or

17  lease, or building or improving a commercial building with

18  aggregate construction costs of under $75,000 $25,000 on such

19  property for the occupancy or use of such owner and not

20  offered for sale or lease. In an action brought under this

21  subsection, proof of the sale or lease, or offering for sale

22  or lease, of more than one such structure by the owner-builder

23  within 1 year after completion of same is prima facie evidence

24  that the construction was undertaken for purposes of sale or

25  lease. This subsection does not exempt any person who is

26  employed by such owner and who acts in the capacity of a

27  contractor. For the purpose of this subsection, the term

28  "owner of property" includes the owner of a mobile home

29  situated on a leased lot. To qualify for exemption under this

30  subsection, an owner shall personally appear and sign the

31  building permit application and must satisfy local permitting

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2472
    2-1423A-06                                         See HB 1367




 1  agency requirements, if any, proving that the owner has a

 2  complete understanding of the owner's obligations under the

 3  law as specified in the disclosure statement in this section.

 4  If any person violates the requirements of this subsection,

 5  the local permitting agency shall withhold final approval,

 6  revoke the permit, or pursue any action or remedy for

 7  unlicensed activity against the owner and any person

 8  performing work that requires licensure under the permit

 9  issued. The local permitting agency shall provide the owner

10  with a disclosure statement in substantially the following

11  form:

12         Disclosure Statement

13         State law requires electrical contracting to be done by

14  licensed electrical contractors. You have applied for a permit

15  under an exemption to that law. The exemption allows you, as

16  the owner of your property, to act as your own electrical

17  contractor even though you do not have a license. You may

18  install electrical wiring for a farm outbuilding or a

19  single-family or duplex residence. You may install electrical

20  wiring in a commercial building the aggregate construction

21  costs of which are under $75,000 $25,000. The home or building

22  must be for your own use and occupancy. It may not be built

23  for sale or lease. If you sell or lease more than one building

24  you have wired yourself within 1 year after the construction

25  is complete, the law will presume that you built it for sale

26  or lease, which is a violation of this exemption. You may not

27  hire an unlicensed person as your electrical contractor. Your

28  construction shall be done according to building codes and

29  zoning regulations. It is your responsibility to make sure

30  that people employed by you have licenses required by state

31  law and by county or municipal licensing ordinances.

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    Florida Senate - 2006                                  SB 2472
    2-1423A-06                                         See HB 1367




 1         Section 3.  This act shall take effect July 1, 2006.

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CODING: Words stricken are deletions; words underlined are additions.