Florida Senate - 2021                              CS for SB 332
       
       
        
       By the Committee on Regulated Industries; and Senator Perry
       
       
       
       
       
       580-03581-21                                           2021332c1
    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 without proper
    5         registration or certification; making technical
    6         changes; reenacting s. 489.13(7), F.S., relating to
    7         unlicensed contracting, to incorporate the amendment
    8         made to s. 489.127, F.S., in a reference thereto;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 489.127, Florida
   14  Statutes, is amended to read:
   15         489.127 Prohibitions; penalties.—
   16         (2)(a) Except as provided in paragraph (b), an Any
   17  unlicensed person who violates subsection (1):
   18         1.any of the provisions of subsection (1) Commits a
   19  misdemeanor of the first degree, punishable as provided in s.
   20  775.082 or s. 775.083.
   21         2.(b)Any unlicensed person who commits a violation of
   22  subsection (1) After having been previously found guilty of such
   23  violation, commits a felony of the third degree, punishable as
   24  provided in s. 775.082 or s. 775.083.
   25         3.(c)Any unlicensed person who commits a violation of
   26  subsection (1) During the existence of a state of emergency
   27  declared by executive order of the Governor, commits a felony of
   28  the third degree, punishable as provided in s. 775.082 or s.
   29  775.083.
   30         4.(d)By operating Any person who operates as a pollutant
   31  storage systems contractor, precision tank tester, or internal
   32  pollutant storage tank lining applicator, in violation of
   33  subsection (1) commits a felony of the third degree, punishable
   34  as provided in s. 775.082 or s. 775.083.
   35         (b) An unlicensed person who violates paragraph (1)(f) by
   36  engaging in the business or acting in the capacity of a
   37  contractor without being duly registered or certified commits
   38  the following:
   39         1.If the contract price is less than $1,000, a misdemeanor
   40  of the first degree, punishable as provided in s. 775.082 or s.
   41  775.083.
   42         2.If the contract price is $1,000 or more, but less than
   43  $20,000, a felony of the third degree, punishable as provided in
   44  s. 775.082, s. 775.083, or s. 775.084.
   45         3.If the contract price is $20,000 or more, but less than
   46  $200,000, a felony of the second degree, punishable as provided
   47  in s. 775.082, s. 775.083, or s. 775.084.
   48         4.If the contract price is $200,000 or more, a felony of
   49  the first degree, punishable as provided in s. 775.082, s.
   50  775.083, or s. 775.084.
   51  
   52  For purposes of this paragraph, the term “contract price” has
   53  the same meaning as in s. 713.01.
   54  
   55  The remedies set forth in this subsection are not exclusive and
   56  may be imposed in addition to the remedies set forth in s.
   57  489.129(2).
   58         Section 2. For the purpose of incorporating the amendment
   59  made by this act to section 489.127, Florida Statutes, in a
   60  reference thereto, subsection (7) of section 489.13, Florida
   61  Statutes, is reenacted to read:
   62         489.13 Unlicensed contracting; notice of noncompliance;
   63  fine; authority to issue or receive a building permit; web
   64  page.—
   65         (7) The remedies set forth in this section are not
   66  exclusive and may be imposed in addition to the remedies set
   67  forth in s. 489.127(2). In addition, nothing in this section is
   68  intended to prohibit the department or any local governing body
   69  from filing a civil action or seeking criminal penalties against
   70  an unlicensed contractor.
   71         Section 3. This act shall take effect October 1, 2021.