Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
CHAMBER ACTION
Senate House
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1 Comm: WD .
04/20/2006 09:48 AM .
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11 The Committee on Judiciary (Baker) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (7) of section 489.103, Florida
19 Statutes, is amended to read:
20 489.103 Exemptions.--This part does not apply to:
21 (7) Owners of property when acting as their own
22 contractor and providing direct, onsite supervision themselves
23 of all work not performed by licensed contractors:,
24 (a) When building or improving farm outbuildings or
25 one-family or two-family residences on such property for the
26 occupancy or use of such owners and not offered for sale or
27 lease, or building or improving commercial buildings, at a
28 cost not to exceed $75,000 $25,000, on such property for the
29 occupancy or use of such owners and not offered for sale or
30 lease. In an action brought under this part, proof of the sale
31 or lease, or offering for sale or lease, of any such structure
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 by the owner-builder within 1 year after completion of same
2 creates a presumption that the construction was undertaken for
3 purposes of sale or lease.
4 (b) When repairing or replacing wood shakes or asphalt
5 or fiberglass shingles on one-family, two-family, or
6 three-family residences for the occupancy or use of such owner
7 or tenant of the owner and not offered for sale within 1 year
8 after completion of the work and when the property has been
9 damaged by natural causes from an event recognized as an
10 emergency situation designated by executive order issued by
11 the Governor declaring the existence of a state of emergency
12 as a result and consequence of a serious threat posed to the
13 public health, safety, and property in this state.
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15 This subsection does not exempt any person who is
16 employed by or has a contract with such owner and who acts in
17 the capacity of a contractor. The owner may not delegate the
18 owner's responsibility to directly supervise all work to any
19 other person unless that person is registered or certified
20 under this part and the work being performed is within the
21 scope of that person's license. For the purposes of this
22 subsection, the term "owners of property" includes the owner
23 of a mobile home situated on a leased lot. To qualify for
24 exemption under this subsection, an owner must personally
25 appear and sign the building permit application and must
26 satisfy local permitting agency requirements, if any, proving
27 that the owner has a complete understanding of the owner's
28 obligations under the law as specified in the disclosure
29 statement in this section. If any person violates the
30 requirements of this subsection, the local permitting agency
31 shall withhold final approval, revoke the permit, or pursue
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 any action or remedy for unlicensed activity against the owner
2 and any person performing work that requires licensure under
3 the permit issued. The local permitting agency shall provide
4 the person with a disclosure statement in substantially the
5 following form:
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7 Disclosure Statement
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9 State law requires construction to be done by licensed
10 contractors. You have applied for a permit under an exemption
11 to that law. The exemption allows you, as the owner of your
12 property, to act as your own contractor with certain
13 restrictions even though you do not have a license. You must
14 provide direct, onsite supervision of the construction
15 yourself. You may build or improve a one-family or two-family
16 residence or a farm outbuilding. You may also build or improve
17 a commercial building, provided your costs do not exceed
18 $75,000 $25,000. The building or residence must be for your
19 own use or occupancy. It may not be built or substantially
20 improved for sale or lease. If you sell or lease a building
21 you have built or substantially improved yourself within 1
22 year after the construction is complete, the law will presume
23 that you built or substantially improved it for sale or lease,
24 which is a violation of this exemption. You may not hire an
25 unlicensed person to act as your contractor or to supervise
26 people working on your building. It is your responsibility to
27 make sure that people employed by you have licenses required
28 by state law and by county or municipal licensing ordinances.
29 You may not delegate the responsibility for supervising work
30 to a licensed contractor who is not licensed to perform the
31 work being done. Any person working on your building who is
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 not licensed must work under your direct supervision and must
2 be employed by you, which means that you must deduct F.I.C.A.
3 and withholding tax and provide workers' compensation for that
4 employee, all as prescribed by law. Your construction must
5 comply with all applicable laws, ordinances, building codes,
6 and zoning regulations.
7 Section 2. Subsection (6) of section 489.503, Florida
8 Statutes, is amended, and subsection (21) is added to that
9 section, to read:
10 489.503 Exemptions.--This part does not apply to:
11 (6) An owner of property making application for
12 permit, supervising, and doing the work in connection with the
13 construction, maintenance, repair, and alteration of and
14 addition to a single-family or duplex residence for his or her
15 own use and occupancy and not intended for sale or an owner of
16 property when acting as his or her own electrical contractor
17 and providing all material supervision himself or herself,
18 when building or improving a farm outbuilding or a
19 single-family or duplex residence on such property for the
20 occupancy or use of such owner and not offered for sale or
21 lease, or building or improving a commercial building with
22 aggregate construction costs of under $75,000 $25,000 on such
23 property for the occupancy or use of such owner and not
24 offered for sale or lease. In an action brought under this
25 subsection, proof of the sale or lease, or offering for sale
26 or lease, of more than one such structure by the owner-builder
27 within 1 year after completion of same is prima facie evidence
28 that the construction was undertaken for purposes of sale or
29 lease. This subsection does not exempt any person who is
30 employed by such owner and who acts in the capacity of a
31 contractor. For the purpose of this subsection, the term
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 "owner of property" includes the owner of a mobile home
2 situated on a leased lot. To qualify for exemption under this
3 subsection, an owner shall personally appear and sign the
4 building permit application and must satisfy local permitting
5 agency requirements, if any, proving that the owner has a
6 complete understanding of the owner's obligations under the
7 law as specified in the disclosure statement in this section.
8 If any person violates the requirements of this subsection,
9 the local permitting agency shall withhold final approval,
10 revoke the permit, or pursue any action or remedy for
11 unlicensed activity against the owner and any person
12 performing work that requires licensure under the permit
13 issued. The local permitting agency shall provide the owner
14 with a disclosure statement in substantially the following
15 form:
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17 Disclosure Statement
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19 State law requires electrical contracting to be done by
20 licensed electrical contractors. You have applied for a permit
21 under an exemption to that law. The exemption allows you, as
22 the owner of your property, to act as your own electrical
23 contractor even though you do not have a license. You may
24 install electrical wiring for a farm outbuilding or a
25 single-family or duplex residence. You may install electrical
26 wiring in a commercial building the aggregate construction
27 costs of which are under $75,000 $25,000. The home or building
28 must be for your own use and occupancy. It may not be built
29 for sale or lease. If you sell or lease more than one building
30 you have wired yourself within 1 year after the construction
31 is complete, the law will presume that you built it for sale
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 or lease, which is a violation of this exemption. You may not
2 hire an unlicensed person as your electrical contractor. Your
3 construction shall be done according to building codes and
4 zoning regulations. It is your responsibility to make sure
5 that people employed by you have licenses required by state
6 law and by county or municipal licensing ordinances.
7 (21) Inspections, audits, or quality-assurance
8 services performed by a nationally recognized testing
9 laboratory that the Occupational Safety and Health
10 Administration has recognized as meeting the requirements of
11 29 C.F.R. s. 1910.7.
12 Section 3. Paragraphs (a) and (b) of subsection (1) of
13 section 489.128, Florida Statutes, is amended to read:
14 489.128 Contracts entered into by unlicensed
15 contractors unenforceable.--
16 (1) As a matter of public policy, contracts entered
17 into on or after October 1, 1990, by an unlicensed contractor
18 shall be unenforceable in law or in equity by the unlicensed
19 contractor.
20 (a) For purposes of this section, an individual is
21 unlicensed if the individual does not have a license required
22 by this part concerning the scope of the work to be performed
23 under the contract. A business organization is unlicensed if
24 the business organization does not have a primary or secondary
25 qualifying agent in accordance with this part concerning the
26 scope of the work to be performed under the contract. For
27 purposes of this section, if no state or local license is
28 required for the scope of work to be performed under the
29 contract, the individual performing that work shall not be
30 considered unlicensed.
31 (b) For purposes of this section, an individual or
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 business organization may shall not be considered unlicensed
2 for failing to have an occupational license certificate issued
3 under the authority of chapter 205. A business organization
4 may shall not be considered unlicensed for failing to have a
5 certificate of authority as required by ss. 489.119 and
6 489.127. For purposes of this section, a business organization
7 entering into the contract may not be considered unlicensed
8 if, before the date established by paragraph (c), an
9 individual possessing a license required by this part
10 concerning the scope of the work to be performed under the
11 contract had submitted an application for a certificate of
12 authority designating that individual as a qualifying agent
13 for the business organization entering into the contract, and
14 the application was not acted upon by the department or
15 applicable board within the applicable time limitations
16 imposed by s. 120.60.
17 Section 4. Subsection (29) is added to section
18 489.505, Florida Statutes, to read:
19 489.505 Definitions.--As used in this part:
20 (29) "Nationally recognized testing laboratory" means
21 an organization that the Occupational Safety and Health
22 Administration has legally recognized to be in compliance with
23 29 C.F.R. s. 1910.7 and that provides quality assurance,
24 product testing, or certification services.
25 Section 5. Paragraph (a) of subsection (1) of section
26 489.532, Florida Statutes, is amended to read:
27 489.532 Contracts entered into by unlicensed
28 contractors unenforceable.--
29 (1) As a matter of public policy, contracts entered
30 into on or after October 1, 1990, by an unlicensed contractor
31 shall be unenforceable in law or in equity by the unlicensed
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 contractor.
2 (a) For purposes of this section, an individual is
3 unlicensed if the individual does not have a license required
4 by this part concerning the scope of the work to be performed
5 under the contract. A business organization is unlicensed if
6 the business organization does not have a primary or secondary
7 qualifying agent in accordance with this part concerning the
8 scope of the work to be performed under the contract. For
9 purposes of this section, if no state or local license is
10 required for the scope of work to be performed under the
11 contract, the individual performing that work shall not be
12 considered unlicensed.
13 Section 6. Sections 3 and 5 of this act are intended
14 to be remedial in nature and to clarify existing law. Those
15 sections apply retroactively to all actions, including any
16 action on a lien or bond claim, initiated on or after, or
17 pending as of, July 1, 2006. If the retroactivity of any
18 provision of section 3 or section 5 or the retroactive
19 application of any provision of section 3 or section 5 is held
20 invalid, the invalidity does not affect the retroactivity or
21 the retroactive application of other provisions of section 3
22 or section 5.
23 Section 7. This act shall take effect July 1, 2006.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
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30 and insert:
31 A bill to be entitled
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2590
Barcode 083764
1 An act relating to contracting; amending ss.
2 489.103 and 489.503, F.S.; revising exemptions
3 for certain owners of property from certain
4 contracting provisions; increasing maximum
5 construction costs allowed for exemption;
6 requiring owners of property to satisfy certain
7 local permitting agency requirements; providing
8 for penalties; providing an exemption for
9 owners of property damaged by certain natural
10 causes; amending s. 489.505; defining a term;
11 amending ss. 489.128 and 489.532, F.S.;
12 providing that a business organization or an
13 individual entering into a construction
14 contract is not deemed unlicensed under certain
15 conditions; providing for retroactive
16 application; providing an effective date.
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