Florida Senate - 2009                                    SB 1422
       
       
       
       By Senator Baker
       
       
       
       
       20-01098-09                                           20091422__
    1                        A bill to be entitled                      
    2         An act relating to exemptions from construction
    3         contracting requirements; amending s. 489.103, F.S.;
    4         requiring that owners of property acting as their own
    5         contractor and providing direct, onsite supervision of
    6         all work not performed by licensed contractors read
    7         and sign a disclosure statement before a permit is
    8         issued; requiring that the disclosure statement
    9         contain certain statements and provisions; providing
   10         an effective date.
   11         
   12  Be It Enacted by the Legislature of the State of Florida:
   13         
   14         Section 1. Subsection (7) of section 489.103, Florida
   15  Statutes, is amended to read:
   16         489.103 Exemptions.—This part does not apply to:
   17         (7) Owners of property when acting as their own contractor
   18  and providing direct, onsite supervision themselves of all work
   19  not performed by licensed contractors:
   20         (a) When building or improving farm outbuildings or one
   21  family or two-family residences on such property for the
   22  occupancy or use of such owners and not offered for sale or
   23  lease, or building or improving commercial buildings, at a cost
   24  not to exceed $75,000, on such property for the occupancy or use
   25  of such owners and not offered for sale or lease. In an action
   26  brought under this part, proof of the sale or lease, or offering
   27  for sale or lease, of any such structure by the owner-builder
   28  within 1 year after completion of same creates a presumption
   29  that the construction was undertaken for purposes of sale or
   30  lease.
   31         (b) When repairing or replacing wood shakes or asphalt or
   32  fiberglass shingles on one-family, two-family, or three-family
   33  residences for the occupancy or use of such owner or tenant of
   34  the owner and not offered for sale within 1 year after
   35  completion of the work and when the property has been damaged by
   36  natural causes from an event recognized as an emergency
   37  situation designated by executive order issued by the Governor
   38  declaring the existence of a state of emergency as a result and
   39  consequence of a serious threat posed to the public health,
   40  safety, and property in this state.
   41  This subsection does not exempt any person who is employed by or
   42  has a contract with such owner and who acts in the capacity of a
   43  contractor. The owner may not delegate the owner's
   44  responsibility to directly supervise all work to any other
   45  person unless that person is registered or certified under this
   46  part and the work being performed is within the scope of that
   47  person's license. For the purposes of this subsection, the term
   48  “owners of property” includes the owner of a mobile home
   49  situated on a leased lot. To qualify for exemption under this
   50  subsection, an owner must personally appear and sign the
   51  building permit application and must satisfy local permitting
   52  agency requirements, if any, proving that the owner has a
   53  complete understanding of the owner's obligations under the law
   54  as specified in the disclosure statement in this section. If any
   55  person violates the requirements of this subsection, the local
   56  permitting agency shall withhold final approval, revoke the
   57  permit, or pursue any action or remedy for unlicensed activity
   58  against the owner and any person performing work that requires
   59  licensure under the permit issued. The local permitting agency
   60  shall provide the person with a disclosure statement, which
   61  shall be read and signed by the property owner or owner-builder,
   62  in substantially the following form:
   63         1.I understand that state law requires construction to be
   64  done by licensed contractors and I have applied for an owner
   65  builder permit under an exemption to that law. The exemption
   66  provides that I, as the owner of the property listed, may act as
   67  my own contractor with certain restrictions even though I do not
   68  have a license.
   69         2.I understand that building permits are not required to
   70  be signed by a property owner unless the owner is responsible
   71  for the construction and is not hiring a licensed contractor to
   72  assume this responsibility.
   73         3.I understand that as an owner-builder, I am the
   74  responsible party of record on the permit. I understand that I
   75  may protect myself from potential financial risk by hiring a
   76  licensed contractor and having the permit filed in his or her
   77  name instead of my own. I also understand that contractors are
   78  required by law to be licensed and bonded in Florida and to list
   79  their license numbers on permits and contracts.
   80         4.I understand that I may build or improve a one-family or
   81  two-family residence or a farm outbuilding. I may also build or
   82  improve a commercial building if costs do not exceed $75,000.
   83  The building or residence must be for my own use or occupancy.
   84  It may not be built or substantially improved for sale or lease.
   85  If a building I have built or substantially improved myself is
   86  sold or leased within 1 year after the date on which
   87  construction is complete, the law will presume that I built or
   88  substantially improved it for sale or lease, which is a
   89  violation of this exemption.
   90         5.I understand that, as the owner-builder, I must provide
   91  direct, onsite supervision of the construction.
   92         6.I understand that I may not hire an unlicensed person to
   93  act as my contractor or to supervise people working on my
   94  building. It is my responsibility to make certain that people I
   95  employ have the licenses required by state law or by county or
   96  municipal licensing ordinances.
   97         7.I understand that a frequent practice of unlicensed
   98  persons is to have the property owner obtain an owner-builder
   99  permit that erroneously implies that the property owner is
  100  providing his or her own labor and materials. I, as an owner
  101  builder, may be held liable and subject to serious financial
  102  risk for any injuries sustained by an unlicensed person and his
  103  or her employees while working on my property. My homeowner’s
  104  insurance may not provide coverage for those injuries. I am
  105  willfully acting as an owner-builder and am aware of the limits
  106  of my insurance coverage for injuries to workers on my property.
  107         8.I understand that I may not delegate the responsibility
  108  for supervising work to a licensed contractor who is not
  109  licensed to perform the work being done. Any person working on
  110  my building who is not licensed must work under my direct
  111  supervision and must be employed by me, which means that I must
  112  deduct FICA contributions and withholding tax and provide
  113  workers' compensation for that employee, all as prescribed by
  114  law. I understand my failure to abide by these laws may subject
  115  me to serious financial risk.
  116         9.I agree that, as the party legally and financially
  117  responsible for this proposed construction activity, I will
  118  abide by all applicable laws and requirements that govern owner
  119  builders as well as employers. I also understand that the
  120  construction must comply with all applicable laws, ordinances,
  121  building codes, and zoning regulations.
  122         10.I understand that I may obtain more information
  123  regarding my obligations as an employer from the Internal
  124  Revenue Service, the United States Small Business
  125  Administration, the Florida Department of Financial Services,
  126  and the Florida Department of Revenue. I also understand I may
  127  contact the Florida Construction Industry Licensing Board (CILB)
  128  at 850-487-1395 or www.myflorida.com/dbpr/pro/cilb/index.html
  129  for more information about licensed contractors.
  130         11.I am aware of and consent to an owner-builder building
  131  permit applied for in my name, and understand that I am the
  132  party legally and financially responsible for proposed
  133  construction activity at the following address:
  134  
  135  ...(Address of location of construction activity)...
  136         12.I agree to notify the issuer of this form immediately
  137  of any additions, deletions, or changes to any of the
  138  information I have provided on this form.
  139  Licensed contractors are regulated by laws designed to protect
  140  the public. If you contract with someone who does not have a
  141  license, the Construction Industry Licensing Board and
  142  Department of Business and Professional Regulation may be unable
  143  to assist you with any financial loss you may sustain as a
  144  result of a complaint. Your only remedy against unlicensed
  145  contractors may be in civil court. It is also important for you
  146  to understand that if an unlicensed contractor, or the
  147  unlicensed contractor's employee, is injured while working on
  148  your property, you may be held liable for damages. If you obtain
  149  an owner-builder permit and wish to hire licensed contractors,
  150  you will be responsible for verifying that the contractors are
  151  properly licensed and have the required workers' compensation
  152  insurance coverage.
  153  Before a building permit is issued, this form must be completed
  154  and signed by the property owner and returned to the local
  155  permitting agency responsible for issuing the permit. A copy of
  156  the property owner’s driver’s license, form notarization, or
  157  other verification acceptable to the local permitting agency is
  158  required to be presented when the permit is issued to verify the
  159  property owner’s signature.
  160  
  161  ...(Signature of property owner)...
  162  
  163  ...(Name of property owner)...
  164  
  165  ...(Date)...
  166                        Disclosure Statement                       
  167         State law requires construction to be done by licensed
  168  contractors. You have applied for a permit under an exemption to
  169  that law. The exemption allows you, as the owner of your
  170  property, to act as your own contractor with certain
  171  restrictions even though you do not have a license. You must
  172  provide direct, onsite supervision of the construction yourself.
  173  You may build or improve a one-family or two-family residence or
  174  a farm outbuilding. You may also build or improve a commercial
  175  building, provided your costs do not exceed $75,000. The
  176  building or residence must be for your own use or occupancy. It
  177  may not be built or substantially improved for sale or lease. If
  178  you sell or lease a building you have built or substantially
  179  improved yourself within 1 year after the construction is
  180  complete, the law will presume that you built or substantially
  181  improved it for sale or lease, which is a violation of this
  182  exemption. You may not hire an unlicensed person to act as your
  183  contractor or to supervise people working on your building. It
  184  is your responsibility to make sure that people employed by you
  185  have licenses required by state law and by county or municipal
  186  licensing ordinances. You may not delegate the responsibility
  187  for supervising work to a licensed contractor who is not
  188  licensed to perform the work being done. Any person working on
  189  your building who is not licensed must work under your direct
  190  supervision and must be employed by you, which means that you
  191  must deduct F.I.C.A. and withholding tax and provide workers'
  192  compensation for that employee, all as prescribed by law. Your
  193  construction must comply with all applicable laws, ordinances,
  194  building codes, and zoning regulations.
  195         Section 2. This act shall take effect July 1, 2009.