| 1 | A bill to be entitled |
| 2 | An act relating to construction contracting; amending s. |
| 3 | 489.113, F.S.; providing a condition under which a person |
| 4 | may engage in the business of contracting without |
| 5 | certification or registration; amending s. 489.117, F.S.; |
| 6 | providing a condition under which a person may provide |
| 7 | certain specialty contracting services without a license; |
| 8 | providing an effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Subsection (2) of section 489.113, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 489.113 Qualifications for practice; restrictions.-- |
| 15 | (2) No person who is not certified or registered shall |
| 16 | engage in the business of contracting in this state. However, |
| 17 | for purposes of complying with the provisions of this chapter, a |
| 18 | person who is not certified or registered may perform |
| 19 | construction work under the supervision of a person who is |
| 20 | certified or registered, or under the supervision of the owner |
| 21 | of the property who is acting as his or her own contractor |
| 22 | pursuant to s. 489.103(7), provided that the work is within the |
| 23 | scope of the certified or registered supervisor's license and |
| 24 | provided that the person being supervised is not engaged in |
| 25 | construction work which would require a license as a contractor |
| 26 | under any of the categories listed in s. 489.105(3)(d)-(o). This |
| 27 | subsection does not affect the application of any local |
| 28 | construction licensing ordinances. To enforce this subsection: |
| 29 | (a) The department shall issue a cease and desist order to |
| 30 | prohibit any person from engaging in the business of contracting |
| 31 | who does not hold the required certification or registration for |
| 32 | the work being performed under this part. For the purpose of |
| 33 | enforcing a cease and desist order, the department may file a |
| 34 | proceeding in the name of the state seeking issuance of an |
| 35 | injunction or a writ of mandamus against any person who violates |
| 36 | any provision of such order. |
| 37 | (b) A county, municipality, or local licensing board |
| 38 | created by special act may issue a cease and desist order to |
| 39 | prohibit any person from engaging in the business of contracting |
| 40 | who does not hold the required certification or registration for |
| 41 | the work being performed under this part. |
| 42 | Section 2. Paragraph (e) of subsection (4) of section |
| 43 | 489.117, Florida Statutes, is amended to read: |
| 44 | 489.117 Registration; specialty contractors.-- |
| 45 | (4) |
| 46 | (e) Any person who is not required to obtain registration |
| 47 | or certification pursuant to s. 489.105(3)(d)-(o) may perform |
| 48 | specialty contracting services for the construction, remodeling, |
| 49 | repair, or improvement of single-family residences, including a |
| 50 | townhouse as defined in the Florida Building Code, without |
| 51 | obtaining a local professional license if such person is under |
| 52 | the supervision of a certified or registered general, building, |
| 53 | or residential contractor or is under the supervision of the |
| 54 | owner of the property who is acting as his or her own contractor |
| 55 | pursuant to s. 489.103(7). As used in this paragraph, |
| 56 | supervision shall not be deemed to require the existence of a |
| 57 | direct contract between the certified or registered general, |
| 58 | building, or residential contractor and the person performing |
| 59 | specialty contracting services. |
| 60 | Section 3. This act shall take effect July 1, 2006. |