| 1 | A bill to be entitled |
| 2 | An act relating to construction contracting; amending s. |
| 3 | 489.127, F.S.; prohibiting a certified or registered |
| 4 | contractor or contractor authorized by a local |
| 5 | construction licensing board from performing work for |
| 6 | which the contractor is not properly licensed, from |
| 7 | subcontracting work requiring a license to an unlicensed |
| 8 | person, or from failing to obtain required permits or |
| 9 | inspections; providing penalties; authorizing local |
| 10 | jurisdictions to issue civil citations for specified |
| 11 | violations; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (d) of subsection (4) of section |
| 16 | 489.127, Florida Statutes, is redesignated as paragraph (e) of |
| 17 | that subsection, a new paragraph (d) is added to that |
| 18 | subsection, and paragraph (o) of subsection (5) of that section |
| 19 | is amended, to read: |
| 20 | 489.127 Prohibitions; penalties.-- |
| 21 | (4) |
| 22 | (d) A certified or registered contractor or a contractor |
| 23 | authorized by a local construction licensing board may not |
| 24 | perform work for which he or she is not properly licensed, |
| 25 | subcontract to unlicensed persons to perform work that requires |
| 26 | a license, or fail to obtain required permits or required |
| 27 | inspections. |
| 28 | (e)(d)1. A person who violates this subsection commits a |
| 29 | misdemeanor of the first degree, punishable as provided in s. |
| 30 | 775.082 or s. 775.083. |
| 31 | 2. A person who violates this subsection after having been |
| 32 | previously found guilty of such violation commits a felony of |
| 33 | the third degree, punishable as provided in s. 775.082 or s. |
| 34 | 775.083. |
| 35 | (5) Each county or municipality may, at its option, |
| 36 | designate one or more of its code enforcement officers, as |
| 37 | defined in chapter 162, to enforce, as set out in this |
| 38 | subsection, the provisions of subsection (1) and s. 489.132(1) |
| 39 | against persons who engage in activity for which a county or |
| 40 | municipal certificate of competency or license or state |
| 41 | certification or registration is required. |
| 42 | (o) Nothing in This subsection does not shall be construed |
| 43 | to authorize local jurisdictions to exercise disciplinary |
| 44 | authority or procedures established in this subsection against |
| 45 | an individual holding a proper valid certificate issued pursuant |
| 46 | to this part, except that a local jurisdiction may issue civil |
| 47 | citations for the following violations: |
| 48 | 1. Failure to obtain a required building permit or |
| 49 | required inspection. |
| 50 | 2. Aiding and abetting unlicensed activity. |
| 51 | 3. Fraud or willful building code violation. |
| 52 | 4. Failure to use a license number in marketing or |
| 53 | advertising. |
| 54 | 5. Abandonment of a building project. For the purposes of |
| 55 | this subparagraph, 60 days without job progress constitutes |
| 56 | abandonment. |
| 57 | Section 2. This act shall take effect July 1, 2008. |