Senate Bill sb2504

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    Florida Senate - 2007                                  SB 2504

    By Senator Aronberg





    27-1665-07

  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 489.127, F.S.; prohibiting a

  4         certified or registered contractor from

  5         performing work for which the contractor is not

  6         properly licensed or from subcontracting work

  7         to an unlicensed person to perform work that

  8         requires a license; providing a penalty;

  9         authorizing local jurisdictions to issue civil

10         citations for violations of certain specified

11         building laws; providing exceptions; providing

12         an effective date.

13  

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

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16         Section 1.  Present paragraph (d) of subsection (4) of

17  section 489.127, Florida Statutes, is redesignated as

18  paragraph (e), and a new paragraph (d) is added to that

19  subsection, and paragraph (o) of subsection (5) of that

20  section is amended, to read:

21         489.127  Prohibitions; penalties.--

22         (4)

23         (d)  A certified or registered contractor, or a

24  contractor authorized by a local construction licensing board,

25  may not perform work for which he or she is not properly

26  licensed, subcontract to unlicensed persons to perform work

27  that requires a license, or fail to obtain required permits.

28         (e)(d)1.  A person who violates this subsection commits

29  a misdemeanor of the first degree, punishable as provided in

30  s. 775.082 or s. 775.083.

31  

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    Florida Senate - 2007                                  SB 2504
    27-1665-07




 1         2.  A person who violates this subsection after having

 2  been previously found guilty of such violation commits a

 3  felony of the third degree, punishable as provided in s.

 4  775.082 or s. 775.083.

 5         (5)  Each county or municipality may, at its option,

 6  designate one or more of its code enforcement officers, as

 7  defined in chapter 162, to enforce, as set out in this

 8  subsection, the provisions of subsection (1) and s. 489.132(1)

 9  against persons who engage in activity for which a county or

10  municipal certificate of competency or license or state

11  certification or registration is required.

12         (o)  Nothing in This subsection does not shall be

13  construed to authorize local jurisdictions to exercise

14  disciplinary authority or procedures established in this

15  subsection against an individual holding a proper valid

16  certificate issued pursuant to this part. However, a local

17  jurisdiction may issue civil citations for the following

18  violations:

19         1.  Failure to obtain a required building permit

20  pursuant to paragraph (1)(h).

21         2.  Aiding and abetting unlicensed activity pursuant to

22  paragraph (4)(a) or paragraph (4)(b).

23         3.  Abandonment of a project pursuant to s.

24  489.129(1)(j).

25         4.  Failure to use a license number in marketing or

26  advertising pursuant to s. 489.119(6)(b) and (c).

27         5.  Failure to obtain required inspections pursuant to

28  s. 489.129(1)(o).

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    Florida Senate - 2007                                  SB 2504
    27-1665-07




 1  The procedure for issuing a civil citation as provided in this

 2  paragraph does not authorize a local jurisdiction to exercise

 3  disciplinary authority against a state-certified contractor.

 4         Section 2.  This act shall take effect July 1, 2007.

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 6            *****************************************

 7                          SENATE SUMMARY

 8    Prohibits a certified or registered contractor from
      performing work for which the contractor is not properly
 9    licensed or from subcontracting work to an unlicensed
      person to perform work that requires a license.
10    Authorizes local jurisdictions to issue civil citations
      for violations of certain specified building laws.
11    Provides exceptions.

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