Florida Senate - 2022                                     SB 230
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00435-22                                            2022230__
    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; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (2) of section 489.127, Florida
   11  Statutes, is amended to read:
   12         489.127 Prohibitions; penalties.—
   13         (2)(a) Except as provided in paragraph (b), an Any
   14  unlicensed person who violates subsection (1):
   15         1. any of the provisions of subsection (1) Commits a
   16  misdemeanor of the first degree, punishable as provided in s.
   17  775.082 or s. 775.083.
   18         2.(b) Any unlicensed person who commits a violation of
   19  subsection (1) After having been previously found guilty of such
   20  violation, commits a felony of the third degree, punishable as
   21  provided in s. 775.082 or s. 775.083.
   22         3.(c) Any unlicensed person who commits a violation of
   23  subsection (1) During the existence of a state of emergency
   24  declared by executive order of the Governor, commits a felony of
   25  the third degree, punishable as provided in s. 775.082 or s.
   26  775.083.
   27         4.(d) By operating Any person who operates as a pollutant
   28  storage systems contractor, precision tank tester, or internal
   29  pollutant storage tank lining applicator, in violation of
   30  subsection (1) commits a felony of the third degree, punishable
   31  as provided in s. 775.082 or s. 775.083.
   32         (b) An unlicensed person who violates paragraph (1)(f) by
   33  engaging in the business or acting in the capacity of a
   34  contractor without being duly registered or certified commits
   35  the following:
   36         1. If the total money received is less than $1,000, a
   37  misdemeanor of the first degree, punishable as provided in s.
   38  775.082 or s. 775.083.
   39         2. If the total money received is $1,000 or more, but less
   40  than $20,000, a felony of the third degree, punishable as
   41  provided in s. 775.082, s. 775.083, or s. 775.084.
   42         3. If the total money received is $20,000 or more, but less
   43  than $200,000, a felony of the second degree, punishable as
   44  provided in s. 775.082, s. 775.083, or s. 775.084.
   45         4. If the total money received is $200,000 or more, a
   46  felony of the first degree, punishable as provided in s.
   47  775.082, s. 775.083, or s. 775.084.
   48  
   49  The remedies set forth in this subsection are not exclusive and
   50  may be imposed in addition to the remedies set forth in s.
   51  489.129(2).
   52         Section 2. This act shall take effect July 1, 2022.