Florida Senate - 2021                                     SB 332
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00535-21                                             2021332__
    1                        A bill to be entitled                      
    2         An act relating to unlicensed contracting; amending s.
    3         489.127, F.S.; revising the criminal penalties for
    4         persons who engage in contracting or advertise
    5         themselves as contractors without proper registration
    6         or certification; making technical changes; reenacting
    7         s. 489.13(7), F.S., relating to unlicensed
    8         contracting, to incorporate the amendment made to s.
    9         489.127, F.S., in a reference thereto; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (2) of section 489.127, Florida
   15  Statutes, is amended to read:
   16         489.127 Prohibitions; penalties.—
   17         (2)(a) Except as provided in paragraph (b), an Any
   18  unlicensed person who violates subsection (1):
   19         1. any of the provisions of subsection (1) Commits a
   20  misdemeanor of the first degree, punishable as provided in s.
   21  775.082 or s. 775.083.
   22         2.(b) Any unlicensed person who commits a violation of
   23  subsection (1) After having been previously found guilty of such
   24  violation, commits a felony of the third degree, punishable as
   25  provided in s. 775.082 or s. 775.083.
   26         3.(c) Any unlicensed person who commits a violation of
   27  subsection (1) During the existence of a state of emergency
   28  declared by executive order of the Governor, commits a felony of
   29  the third degree, punishable as provided in s. 775.082 or s.
   30  775.083.
   31         4.(d) By operating Any person who operates as a pollutant
   32  storage systems contractor, precision tank tester, or internal
   33  pollutant storage tank lining applicator, in violation of
   34  subsection (1) commits a felony of the third degree, punishable
   35  as provided in s. 775.082 or s. 775.083.
   36         (b) An unlicensed person who violates paragraph (1)(f)
   37  commits the following:
   38         1. If the contract amount is less than $1,000, a
   39  misdemeanor of the first degree, punishable as provided in s.
   40  775.082 or s. 775.083.
   41         2. If the contract amount is $1,000 or more, but less than
   42  $20,000, a felony of the third degree, punishable as provided in
   43  s. 775.082, s. 775.083, or s. 775.084.
   44         3. If the contract amount is $20,000 or more, but less than
   45  $200,000, a felony of the second degree, punishable as provided
   46  in s. 775.082, s. 775.083, or s. 775.084.
   47         4. If the contract amount is $200,000 or more, a felony of
   48  the first degree, punishable as provided in s. 775.082, s.
   49  775.083, or s. 775.084.
   50  
   51  The remedies set forth in this subsection are not exclusive and
   52  may be imposed in addition to the remedies set forth in s.
   53  489.129(2).
   54         Section 2. For the purpose of incorporating the amendment
   55  made by this act to section 489.127, Florida Statutes, in a
   56  reference thereto, subsection (7) of section 489.13, Florida
   57  Statutes, is reenacted to read:
   58         489.13 Unlicensed contracting; notice of noncompliance;
   59  fine; authority to issue or receive a building permit; web
   60  page.—
   61         (7) The remedies set forth in this section are not
   62  exclusive and may be imposed in addition to the remedies set
   63  forth in s. 489.127(2). In addition, nothing in this section is
   64  intended to prohibit the department or any local governing body
   65  from filing a civil action or seeking criminal penalties against
   66  an unlicensed contractor.
   67         Section 3. This act shall take effect October 1, 2021.