Senate Bill sb2590c1
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Florida Senate - 2006 CS for SB 2590
By the Committee on Regulated Industries; and Senator Bennett
580-2126-06
1 A bill to be entitled
2 An act relating to contracting; amending s.
3 489.128, F.S.; providing that a business
4 organization entering into a construction
5 contract is not deemed unlicensed under certain
6 conditions; providing for retroactive
7 application; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Paragraph (b) of subsection (1) of section
12 489.128, Florida Statutes, is amended to read:
13 489.128 Contracts entered into by unlicensed
14 contractors unenforceable.--
15 (1)
16 (b) For purposes of this section, an individual or
17 business organization may shall not be considered unlicensed
18 for failing to have an occupational license certificate issued
19 under the authority of chapter 205. A business organization
20 may shall not be considered unlicensed for failing to have a
21 certificate of authority as required by ss. 489.119 and
22 489.127. For purposes of this section, a business organization
23 entering into the contract may not be considered unlicensed
24 if, before the date established by paragraph (c), an
25 individual possessing a license required by this part
26 concerning the scope of the work to be performed under the
27 contract had submitted an application for a certificate of
28 authority designating that individual as a qualifying agent
29 for the business organization entering into the contract, and
30 the application was not acted upon by the department or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2590
580-2126-06
1 applicable board within the applicable time limitations
2 imposed by s. 120.60.
3 Section 2. Section 1 is intended to be remedial in
4 nature and to clarify existing law. Section 1 applies
5 retroactively to all actions, including any action on a lien
6 or bond claim, initiated on or after, or pending as of, July
7 1, 2006. If the retroactivity of any provision of section 1 or
8 its retroactive application to any person or circumstance is
9 held invalid, the invalidity does not affect the retroactivity
10 or retroactive application of other provisions of section 1.
11 Section 3. This act shall take effect July 1, 2006.
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Florida Senate - 2006 CS for SB 2590
580-2126-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2590
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4 The committee substitute amends s. 489.128(1)(b) F.S., to
provide that a business organization shall not be considered
5 unlicensed if an individual, possessing a license concerning
the scope of the work to be performed under the contract,
6 submitted an application for a certificate of authority
designating that individual as qualifying agent for the
7 business organization entering into the contract, and the
application was not acted upon by the department or applicable
8 board within the applicable time limitations imposed by s.
120.60, F.S.
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It provides that this amendment is intended to be remedial in
10 nature and to clarify existing law. It provides that it
applies retroactively to all actions, including any action on
11 a lien or a bond claim, initiated on or after, or pending as
of July 1, 2006. It provides for a severability clause.
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It deletes the original language of the bill that provided
13 that a business organization is considered licensed if it has
a principal, manager, director or officer who is licensed
14 under chapter 489 on the date the contract is executed and
that a business organization is unlicensed if the business
15 organization does not have a primary or secondary qualifying
agent. It provided a person who knew the contractor was
16 unlicensed, could not file a civil action against the
contractor.
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It deletes the provision that required a court to rule that a
18 contractor is licensed if the contractor met specific
requirements regarding maintaining and reinstating his
19 license.
20 It deleted that the bill applied retroactively to contracts
entered into on or after October 1, 2000 and applied to all
21 actions that are pending on or are filed on or after October
1, 2006.
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CODING: Words stricken are deletions; words underlined are additions.