Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 704
       
       
       
       
       
       
                                Barcode 206788                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 11/AD/2R         .                                
             03/01/2012 12:06 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1009 and 1010
    4  insert:
    5         Section 9. Effective upon this act becoming a law,
    6  subsection (2) of section 489.113, Florida Statutes, is amended
    7  to read:
    8         489.113 Qualifications for practice; restrictions.—
    9         (2) A No person must be who is not certified or registered
   10  in order to shall engage in the business of contracting in this
   11  state. However, for purposes of complying with the provisions of
   12  this chapter, a subcontractor person who is not certified or
   13  registered may perform construction work under the supervision
   14  of a person who is certified or registered, provided that the
   15  work is within the scope of the supervising contractor’s
   16  supervisor’s license, the supervising contractor is responsible
   17  for the work, and provided that the subcontractor person being
   18  supervised is not engaged in construction work that which would
   19  require a license as a contractor under any of the categories
   20  listed in s. 489.105(3)(d)-(o). This subsection does not affect
   21  the application of any local construction licensing ordinances.
   22  To enforce this subsection:
   23         (a) The department shall issue a cease and desist order to
   24  prohibit any person from engaging in the business of contracting
   25  who does not hold the required certification or registration for
   26  the work being performed under this part. For the purpose of
   27  enforcing a cease and desist order, the department may file a
   28  proceeding in the name of the state seeking issuance of an
   29  injunction or a writ of mandamus against any person who violates
   30  any provision of such order.
   31         (b) A county, municipality, or local licensing board
   32  created by special act may issue a cease and desist order to
   33  prohibit any person from engaging in the business of contracting
   34  who does not hold the required certification or registration for
   35  the work being performed under this part.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38         And the title is amended as follows:
   39         Delete line 60
   40  and insert:
   41         comply with the requirements under state law; amending
   42         s. 489.113, F.S.; clarifying that subcontractors may
   43         perform construction work under the supervision of a
   44         person who is certified or registered; amending