Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1262
Ì608978jÎ608978
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/19/2025 .
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The Committee on Regulated Industries (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (4) of section
6 489.115, Florida Statutes, is amended to read:
7 489.115 Certification and registration; endorsement;
8 reciprocity; renewals; continuing education.—
9 (4)
10 (b)1. Each certificateholder or registrant shall provide
11 proof, in a form established by rule of the board, that the
12 certificateholder or registrant has completed at least 14
13 classroom hours of at least 50 minutes each of continuing
14 education courses during each biennium since the issuance or
15 renewal of the certificate or registration. The board shall
16 establish by rule that a portion of the required 14 hours must
17 deal with the subject of workers’ compensation, business
18 practices, workplace safety, financial literacy and basic
19 consumer protection principles relating to construction fraud,
20 construction contractual agreements, deposit and escrow
21 requirements, homeowner rights, and, for applicable licensure
22 categories, wind mitigation methodologies, and 1 hour of which
23 must deal with laws and rules. The board shall by rule establish
24 criteria for the approval of continuing education courses and
25 providers, including requirements relating to the content of
26 courses and standards for approval of providers, and may by rule
27 establish criteria for accepting alternative nonclassroom
28 continuing education on an hour-for-hour basis. The board shall
29 prescribe by rule the continuing education, if any, which is
30 required during the first biennium of initial licensure. A
31 person who has been licensed for less than an entire biennium
32 must not be required to complete the full 14 hours of continuing
33 education.
34 2. In addition, the board may approve specialized
35 continuing education courses on compliance with the wind
36 resistance provisions for one and two family dwellings contained
37 in the Florida Building Code and any alternate methodologies for
38 providing such wind resistance which have been approved for use
39 by the Florida Building Commission. Division I
40 certificateholders or registrants who demonstrate proficiency
41 upon completion of such specialized courses may certify plans
42 and specifications for one and two family dwellings to be in
43 compliance with the code or alternate methodologies, as
44 appropriate, except for dwellings located in floodways or
45 coastal hazard areas as defined in ss. 60.3D and E of the
46 National Flood Insurance Program.
47 3. The board shall require, by rule adopted pursuant to ss.
48 120.536(1) and 120.54, a specified number of hours in
49 specialized or advanced module courses, approved by the Florida
50 Building Commission, on any portion of the Florida Building
51 Code, adopted pursuant to part IV of chapter 553, relating to
52 the contractor’s respective discipline.
53 Section 2. Section 489.1285, Florida Statutes, is created
54 to read:
55 489.1285 Disciplinary forms.—
56 (1) The department shall create and adopt by rule a
57 standardized disciplinary form to be used by each local
58 construction regulation board to uniformly report a violation of
59 this part to the department. The department shall create the
60 standardized disciplinary form and publish a notice of proposed
61 rule pursuant to s. 120.54(3)(a) by July 1, 2026.
62 (2)(a) Upon adoption of the standardized disciplinary form
63 by the department, each local construction regulation board
64 shall use the form when reporting any disciplinary action to the
65 department. The department shall record each submitted form in
66 the automated information system created under s. 455.2286.
67 (b) Each local construction regulation board shall search
68 the automated information system for any recorded disciplinary
69 forms before issuing a license or registration under this part.
70 (3) By December 1, 2026, each local construction regulation
71 board shall submit to the department a report regarding the
72 board’s implementation of this section.
73 Section 3. Present subsections (4), (5), and (6) of section
74 489.126, Florida Statutes, are redesignated as subsections (5),
75 (6), and (7), respectively, a new subsection (4) is added to
76 that section, and paragraph (a) of subsection (3) of that
77 section is amended, to read:
78 489.126 Moneys received by contractors.—
79 (3)(a) A contractor who receives money for repair,
80 restoration, addition, improvement, or construction of
81 residential real property in excess of the value of the work
82 performed may not fail or refuse to perform any work for any 90
83 day period or for any period that is mutually agreed upon and
84 specified in the contract. After such period, and except where
85 the contract expressly allows the contractor to continue his or
86 her temporary suspension or delay of work, or where the owner
87 has materially breached the contract, the contractor must work
88 without unreasonable delay to complete the project and must
89 provide, within 10 days after receipt of a written request, a
90 schedule for completion. Nothing herein shall prevent the
91 contractor from collecting additional compensation for
92 demobilization, remobilization, acceleration, cost of materials,
93 or any other cost, damage, or fee caused by the temporary
94 suspension or delay if the temporary suspension or delay was
95 caused by the owner, an act of God, a declaration of a state of
96 emergency issued by the Governor which impacts construction of
97 the project, or a governmental order and if the contract
98 entitles the contractor to such compensation.
99 (4)(a) If a consumer provides a deposit to a licensed
100 contractor for a construction project and subsequently cancels
101 the project, and the contract between the parties does not
102 contain a provision relating to rescission of such contract, the
103 contractor must return the deposit within 30 days after
104 cancellation. The contractor may retain any portion of the
105 deposit which has been spent on the project before the
106 cancellation request, provided that a detailed statement of such
107 expenditures is given to the consumer.
108 (b) Failure by the contractor to return the balance of
109 unused funds or to provide a statement of expenditures within
110 the specified period will subject the contractor to disciplinary
111 action, including such action described in s. 489.129(1).
112 Section 4. Present subsections (3) through (6) of section
113 489.127, Florida Statutes, are redesignated as subsections (4)
114 through (7), respectively, and a new subsection (3) is added to
115 that section, and subsection (1) of that section is republished
116 to read:
117 489.127 Prohibitions; penalties.—
118 (1) No person shall:
119 (a) Falsely hold himself or herself or a business
120 organization out as a licensee, certificateholder, or
121 registrant;
122 (b) Falsely impersonate a certificateholder or registrant;
123 (c) Present as his or her own the certificate or
124 registration of another;
125 (d) Knowingly give false or forged evidence to the board or
126 a member thereof;
127 (e) Use or attempt to use a certificate or registration
128 that has been suspended or revoked;
129 (f) Engage in the business or act in the capacity of a
130 contractor or advertise himself or herself or a business
131 organization as available to engage in the business or act in
132 the capacity of a contractor without being duly registered or
133 certified;
134 (g) Operate a business organization engaged in contracting
135 after 60 days following the termination of its only qualifying
136 agent without designating another primary qualifying agent,
137 except as provided in ss. 489.119 and 489.1195;
138 (h) Commence or perform work for which a building permit is
139 required pursuant to part IV of chapter 553 without such
140 building permit being in effect; or
141 (i) Willfully or deliberately disregard or violate any
142 municipal or county ordinance relating to uncertified or
143 unregistered contractors.
144
145 For purposes of this subsection, a person or business
146 organization operating on an inactive or suspended certificate
147 or registration is not duly certified or registered and is
148 considered unlicensed. A business tax receipt issued under the
149 authority of chapter 205 is not a license for purposes of this
150 part.
151 (3) A person who violates paragraph (1)(a), paragraph
152 (1)(b), or paragraph (1)(c) and takes money from a consumer who
153 reasonably relied on such falsification commits:
154 (a) A felony of the third degree, punishable as provided in
155 s. 775.082, s. 775.083, or s. 775.084, if the total money
156 exchanged is more than $1,000 but less than $20,000.
157 (b) A felony of the second degree, punishable as provided
158 in s. 775.082, s. 775.083, or s. 775.084, if the total money
159 exchanged is $20,000 or more but less than $200,000.
160 (c) A felony of the first degree, punishable as provided in
161 s. 775.082, s. 775.083, or s. 775.084, if the total money
162 exchanged is $200,000 or more.
163 (d) A felony of the third degree, punishable as provided in
164 s. 775.082 or s. 775.083, if such person is unlicensed and
165 commits the violation during a state of emergency declared by
166 executive order of the Governor.
167 Section 5. Subsection (13) is added to section 489.129,
168 Florida Statutes, to read:
169 489.129 Disciplinary proceedings.—
170 (13) The local construction regulation board shall submit a
171 standardized disciplinary form pursuant to s. 489.1285 for any
172 disciplinary action taken against any certificateholder or
173 registrant, including, but not limited to, placement on
174 probation or reprimand of the licensee; revocation, suspension,
175 or denial of issuance or renewal of the certificate or
176 registration; an order of payment of financial restitution to a
177 consumer for financial harm directly related to a violation of a
178 provision of this part; imposition of an administrative fine; an
179 order to take continuing education courses; or assessment of
180 costs associated with investigation and prosecution.
181 Section 6. Paragraph (f) of subsection (5) of section
182 489.119, Florida Statutes, is amended to read:
183 489.119 Business organizations; qualifying agents.—
184 (5)
185 (f) In addition to any other penalty prescribed by law, a
186 local government may impose a civil fine pursuant to s.
187 489.127(6) s. 489.127(5) against a person who is not certified
188 or registered under this part if the person:
189 1. Claims to be licensed in any offer of services, business
190 proposal, bid, contract, or advertisement, but does not possess
191 a valid competency-based license issued by a local government in
192 this state to perform the specified construction services; or
193 2. Claims to be insured in any offer of services, business
194 proposal, bid, contract, or advertisement, but whose performance
195 of the subject work is not covered by a general liability or
196 workers’ compensation insurance policy.
197 Section 7. Paragraph (c) of subsection (6) of section
198 489.131, Florida Statutes, is amended to read:
199 489.131 Applicability.—
200 (6)
201 (c) Each local board or agency that licenses contractors
202 must transmit quarterly to the board a report of any
203 disciplinary action taken against contractors and of any
204 administrative or disciplinary action taken against unlicensed
205 persons for engaging in the business or acting in the capacity
206 of a contractor including any cease and desist orders issued
207 pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.
208 489.127(6) s. 489.127(5).
209 Section 8. For the purpose of incorporating the amendment
210 made by this act to section 489.115, Florida Statutes, in a
211 reference thereto, paragraph (a) of subsection (4) of section
212 489.517, Florida Statutes, is reenacted to read:
213 489.517 Renewal of certificate or registration; continuing
214 education.—
215 (4)(a) If a certificateholder or registrant holds a license
216 under both this part and part I and is required to have
217 continuing education courses under s. 489.115(4)(b)1., the
218 certificateholder or registrant may apply those course hours for
219 workers’ compensation, workplace safety, and business practices
220 obtained under part I to the requirements under this part.
221 Section 9. For the purpose of incorporating the amendment
222 made by this act to section 489.115, Florida Statutes, in a
223 reference thereto, subsection (18) of section 553.79, Florida
224 Statutes, is reenacted to read:
225 553.79 Permits; applications; issuance; inspections.—
226 (18) Certifications by contractors authorized under the
227 provisions of s. 489.115(4)(b) shall be considered equivalent to
228 sealed plans and specifications by a person licensed under
229 chapter 471 or chapter 481 by local enforcement agencies for
230 plans review for permitting purposes relating to compliance with
231 the wind resistance provisions of the code or alternate
232 methodologies approved by the commission for one and two family
233 dwellings. Local enforcement agencies may rely upon such
234 certification by contractors that the plans and specifications
235 submitted conform to the requirements of the code for wind
236 resistance. Upon good cause shown, local government code
237 enforcement agencies may accept or reject plans sealed by
238 persons licensed under chapter 471, chapter 481, or chapter 489.
239 A truss-placement plan is not required to be signed and sealed
240 by an engineer or architect unless prepared by an engineer or
241 architect or specifically required by the Florida Building Code.
242 Section 10. This act shall take effect July 1, 2025.
243
244 ================= T I T L E A M E N D M E N T ================
245 And the title is amended as follows:
246 Delete everything before the enacting clause
247 and insert:
248 A bill to be entitled
249 An act relating to construction contracting; amending
250 s. 489.115, F.S.; requiring that a portion of the 14
251 classroom hours required for the contractor
252 certificateholder’s or registrant’s continuing
253 education relate to financial literacy and basic
254 consumer protection principles; creating s. 489.1285,
255 F.S.; requiring the Department of Business and
256 Professional Regulation to create and adopt by a date
257 certain a standardized disciplinary form for a certain
258 purpose; requiring local construction regulation
259 boards to use such standardized disciplinary form when
260 reporting any disciplinary action to the department;
261 requiring the department to record each submitted form
262 in a specified automated information system; requiring
263 each local construction regulation board to search the
264 automated information system for recorded disciplinary
265 forms before issuing a license or registration under
266 this part; requiring each local construction
267 regulation board to submit a specified report by a
268 date certain; amending s. 489.126, F.S.; requiring a
269 contractor who has received money for the repair,
270 restoration, addition, improvement, or construction of
271 residential real property in excess of the value of
272 the work to work without unreasonable delay to
273 complete the project after a specified timeframe and
274 to provide a schedule for completion of the project
275 within a specified timeframe upon request; authorizing
276 a contractor to collect additional compensation under
277 certain circumstances; requiring a contractor to
278 return a consumer’s deposit within a specified
279 timeframe under certain circumstances; authorizing the
280 contractor to retain a portion of such deposit under
281 certain circumstances; providing for disciplinary
282 action against a contractor under certain
283 circumstances; amending s. 489.127, F.S.; providing
284 penalties; amending s. 489.129, F.S.; requiring the
285 local construction regulation board to submit a
286 standardized disciplinary form under certain
287 circumstances; amending ss. 489.119 and 489.131, F.S.;
288 conforming cross-references; reenacting ss.
289 489.517(4)(a) and 553.79(18), F.S., relating to
290 continuing education for renewal of certificate or
291 registration and permits, respectively, to incorporate
292 the amendment made to s. 489.115, F.S., in references
293 thereto; providing an effective date.