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A bill to be entitled

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An act relating to exemptions from construction licensing;

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amending s. 489.103, F.S.; providing that the exemption

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from construction licensing provided to property owners

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also applies to an owner's guardian or agent in fact;

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providing an effective date.

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

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

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Statutes, is amended to read:

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

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     (7) Owners of property, including the owner of a mobile

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home situated on a leased lot, when acting as their own

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contractor and providing direct, onsite supervision themselves of

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all work not performed by licensed contractors:

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     (a)  When building or improving farm outbuildings or one-

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family or two-family residences on such property for the

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

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

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not to exceed $75,000, on such property for the occupancy or use

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of such owners and not offered for sale or lease. In an action

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brought under this part, proof of the sale or lease, or offering

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for sale or lease, of any such structure by the owner-builder

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within 1 year after completion of same creates a presumption that

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the construction was undertaken for purposes of sale or lease.

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

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

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residences for the occupancy or use of such owner or tenant of

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the owner and not offered for sale within 1 year after completion

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of the work and when the property has been damaged by natural

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causes during from an event that results in recognized as an

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emergency situation designated by executive order issued by the

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Governor declaring the existence of a state of emergency under s.

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252.36 as a result and consequence of a serious threat posed to

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

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

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

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contractor. The owner may not delegate the owner's responsibility

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to directly supervise all work to any other person unless that

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person is registered or certified under this part and the work

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being performed is within the scope of that person's license. For

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the purposes of this subsection, the term "owner" includes an

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owner's guardian or attorney in fact "owners of property"

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includes the owner of a mobile home situated on a leased lot. To

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qualify for exemption under this subsection, an owner must

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personally appear and sign the building permit application and

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must satisfy local permitting agency requirements, if any,

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proving that the owner has a complete understanding of the

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owner's obligations under the law as specified in the disclosure

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statement in this section. If any person violates the

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requirements of this subsection, the local permitting agency

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shall withhold final approval, revoke the permit, or pursue any

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action or remedy for unlicensed activity against the owner and

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any person performing work that requires licensure under the

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permit issued. The local permitting agency shall provide the

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person with a disclosure statement in substantially the following

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form:  

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Disclosure Statement

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     State law requires construction to be done by licensed

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

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

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property, to act as your own contractor with certain restrictions

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even though you do not have a license. You must provide direct,

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onsite supervision of the construction yourself. You may build or

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improve a one-family or two-family residence or a farm

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outbuilding. You may also build or improve a commercial building,

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provided your costs do not exceed $75,000. The building or

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residence must be for your own use or occupancy. It may not be

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built or substantially improved for sale or lease. If you sell or

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lease a building you have built or substantially improved

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yourself within 1 year after the construction is complete, the

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law will presume that you built or substantially improved it for

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sale or lease, which is a violation of this exemption. You may

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not hire an unlicensed person to act as your contractor or to

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supervise people working on your building. It is your

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responsibility to make sure that people employed by you have

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licenses required by state law and by county or municipal

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licensing ordinances. You may not delegate the responsibility for

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supervising work to a licensed contractor who is not licensed to

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perform the work being done. Any person working on your building

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who is not licensed must work under your direct supervision and

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must be employed by you, which means that you must deduct

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F.I.C.A. and withholding tax and provide workers' compensation

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for that employee, all as prescribed by law. Your construction

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

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and zoning regulations.

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     Section 2.  This act shall take effect upon becoming a law.