Senate Bill sb2504
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Florida Senate - 2007 SB 2504
By Senator Aronberg
27-1665-07
1 A bill to be entitled
2 An act relating to construction contracting;
3 amending s. 489.127, F.S.; prohibiting a
4 certified or registered contractor from
5 performing work for which the contractor is not
6 properly licensed or from subcontracting work
7 to an unlicensed person to perform work that
8 requires a license; providing a penalty;
9 authorizing local jurisdictions to issue civil
10 citations for violations of certain specified
11 building laws; providing exceptions; providing
12 an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Present paragraph (d) of subsection (4) of
17 section 489.127, Florida Statutes, is redesignated as
18 paragraph (e), and a new paragraph (d) is added to that
19 subsection, and paragraph (o) of subsection (5) of that
20 section is amended, to read:
21 489.127 Prohibitions; penalties.--
22 (4)
23 (d) A certified or registered contractor, or a
24 contractor authorized by a local construction licensing board,
25 may not perform work for which he or she is not properly
26 licensed, subcontract to unlicensed persons to perform work
27 that requires a license, or fail to obtain required permits.
28 (e)(d)1. A person who violates this subsection commits
29 a misdemeanor of the first degree, punishable as provided in
30 s. 775.082 or s. 775.083.
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Florida Senate - 2007 SB 2504
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1 2. A person who violates this subsection after having
2 been previously found guilty of such violation commits a
3 felony of the third degree, punishable as provided in s.
4 775.082 or s. 775.083.
5 (5) Each county or municipality may, at its option,
6 designate one or more of its code enforcement officers, as
7 defined in chapter 162, to enforce, as set out in this
8 subsection, the provisions of subsection (1) and s. 489.132(1)
9 against persons who engage in activity for which a county or
10 municipal certificate of competency or license or state
11 certification or registration is required.
12 (o) Nothing in This subsection does not shall be
13 construed to authorize local jurisdictions to exercise
14 disciplinary authority or procedures established in this
15 subsection against an individual holding a proper valid
16 certificate issued pursuant to this part. However, a local
17 jurisdiction may issue civil citations for the following
18 violations:
19 1. Failure to obtain a required building permit
20 pursuant to paragraph (1)(h).
21 2. Aiding and abetting unlicensed activity pursuant to
22 paragraph (4)(a) or paragraph (4)(b).
23 3. Abandonment of a project pursuant to s.
24 489.129(1)(j).
25 4. Failure to use a license number in marketing or
26 advertising pursuant to s. 489.119(6)(b) and (c).
27 5. Failure to obtain required inspections pursuant to
28 s. 489.129(1)(o).
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2504
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1 The procedure for issuing a civil citation as provided in this
2 paragraph does not authorize a local jurisdiction to exercise
3 disciplinary authority against a state-certified contractor.
4 Section 2. This act shall take effect July 1, 2007.
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7 SENATE SUMMARY
8 Prohibits a certified or registered contractor from
performing work for which the contractor is not properly
9 licensed or from subcontracting work to an unlicensed
person to perform work that requires a license.
10 Authorizes local jurisdictions to issue civil citations
for violations of certain specified building laws.
11 Provides exceptions.
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CODING: Words stricken are deletions; words underlined are additions.