Florida Senate - 2009 SB 674 By Senator Constantine 22-00805-09 2009674__ 1 A bill to be entitled 2 An act relating to construction contracting; amending 3 s. 489.128, F.S.; providing that an individual or 4 business organization may not be considered unlicensed 5 for failure to have a required local jurisdiction 6 license; providing for retroactive application; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (1) of section 489.128, Florida 12 Statutes, is amended to read: 13 489.128 Contracts entered into by unlicensed contractors 14 unenforceable.— 15 (1) As a matter of public policy, contracts entered into on 16 or after October 1, 1990, by an unlicensed contractor shall be 17 unenforceable in law or in equity by the unlicensed contractor. 18 (a) For purposes of this section, an individual is 19 unlicensed if the individual does not have a license required by 20 this part concerning the scope of the work to be performed under 21 the contract. A business organization is unlicensed if the 22 business organization does not have a primary or secondary 23 qualifying agent in accordance with this part concerning the 24 scope of the work to be performed under the contract. For 25 purposes of this section, if no stateor locallicense is 26 required for the scope of work to be performed under the 27 contract, the individual performing that work shall not be 28 considered unlicensed. 29 (b) For purposes of this section, an individual or business 30 organization may not be considered unlicensed for failing to 31 have a business tax receipt issued under the authority of 32 chapter 205. For purposes of this section, an individual or 33 business organization may not be considered unlicensed for 34 failing to have a license required by a local jurisdiction. A 35 business organization may not be considered unlicensed for 36 failing to have a certificate of authority as required by ss. 37 489.119 and 489.127. For purposes of this section, a business 38 organization entering into the contract may not be considered 39 unlicensed if, before the date established by paragraph (c), an 40 individual possessing a license required by this part concerning 41 the scope of the work to be performed under the contract has 42 submitted an application for a certificate of authority 43 designating that individual as a qualifying agent for the 44 business organization entering into the contract, and the 45 application was not acted upon by the department or applicable 46 board within the time limitations imposed by s. 120.60. 47 (c) For purposes of this section, a contractor shall be 48 considered unlicensed only if the contractor was unlicensed on 49 the effective date of the original contract for the work, if 50 stated therein, or, if not stated, the date the last party to 51 the contract executed it, if stated therein. If the contract 52 does not establish such a date, the contractor shall be 53 considered unlicensed only if the contractor was unlicensed on 54 the first date upon which the contractor provided labor, 55 services, or materials under the contract. 56 Section 2. This act applies retroactively to contracts 57 entered into on or after October 1, 2000, and applies to all 58 actions that are pending on or are filed on or after the 59 effective date of this act. 60 Section 3. This act shall take effect upon becoming a law.