Senate Bill sb2504c1

    Florida Senate - 2007                           CS for SB 2504

    By the Committee on Regulated Industries; and Senator Aronberg





    580-2466-07

  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 an effective date.

12  

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

14  

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

16  section 489.127, Florida Statutes, is redesignated as

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

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

19  section is amended, to read:

20         489.127  Prohibitions; penalties.--

21         (4)

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

23  contractor authorized by a local construction licensing board,

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

25  licensed, subcontract to unlicensed persons to perform work

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

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

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

29  s. 775.082 or s. 775.083.

30         2.  A person who violates this subsection after having

31  been previously found guilty of such violation commits a

                                  1

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






    Florida Senate - 2007                           CS for SB 2504
    580-2466-07




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

 2  775.082 or s. 775.083.

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

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

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

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

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

 8  municipal certificate of competency or license or state

 9  certification or registration is required.

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

11  construed to authorize local jurisdictions to exercise

12  disciplinary authority or procedures established in this

13  subsection against an individual holding a proper valid

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

15  jurisdiction may issue civil citations for the following

16  violations:

17         1.  Failure to obtain a required building permit.

18         2.  Aiding and abetting unlicensed activity during a

19  state of emergency declared by an executive order of the

20  Governor.

21         3.  Fraud or willful building code violation.

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

23  advertising.

24         5.  Failure to obtain required inspections.

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

26  

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                         Senate Bill 2504

29                                 

30  The CS deletes cross references and the abandonment of a
    project as a violation that a local jurisdiction may issue a
31  civil citation.  It adds fraud or willful building code
    violations under the violations.
                                  2

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