| 10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to roofing services; amending s. 2 |
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| 16 | 16 | | 489.105, F.S.; revising the definition of the term 3 |
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| 17 | 17 | | "roofing contractor"; reenacting ss. 489.107(4)(b), 4 |
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| 18 | 18 | | 489.113(2), 489.117(1)(a), (2)(a) and (b), and (4)(a), 5 |
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| 19 | 19 | | 489.118(1), 489.126(1), 489.131(10) and (11), and 6 |
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| 20 | 20 | | 877.02(2), F.S.; relating to the Construction Industry 7 |
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| 21 | 21 | | Licensing Board, qualifications for practice and 8 |
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| 22 | 22 | | restrictions, registration and specialty contra ctors, 9 |
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| 23 | 23 | | certification of registered contractors and 10 |
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| 24 | 24 | | grandfathering provisions, moneys received by 11 |
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| 25 | 25 | | contractors, applicability, and solicitation of legal 12 |
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| 26 | 26 | | services or retainers therefor and penalty, 13 |
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| 27 | 27 | | respectively, to incorporate the amendment made to s. 14 |
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| 28 | 28 | | 489.105, F.S., in references thereto; amending s. 15 |
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| 29 | 29 | | 489.147, F.S.; providing applicability; revising the 16 |
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| 30 | 30 | | official start date that a residential property owner 17 |
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| 31 | 31 | | may cancel a contract to replace or repair a roof 18 |
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| 32 | 32 | | without penalty or obligation; revising the language 19 |
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| 33 | 33 | | required to be in a contract, or attached thereto, to 20 |
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| 34 | 34 | | replace or repair a roof that is executed within a 21 |
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| 35 | 35 | | specified time of a declaration of a state of 22 |
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| 51 | | - | specified language; providing an effective date. 26 |
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| 52 | | - | 27 |
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| 53 | | - | Be It Enacted by the Legislature of the State of Florida: 28 |
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| 54 | | - | 29 |
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| 55 | | - | Section 1. Paragraph (e) of subsection (3) of section 30 |
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| 56 | | - | 489.105, Florida Statutes, is amended to read: 31 |
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| 57 | | - | 489.105 Definitions. —As used in this part: 32 |
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| 58 | | - | (3) "Contractor" means the person who is qualif ied for, 33 |
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| 59 | | - | and is only responsible for, the project contracted for and 34 |
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| 60 | | - | means, except as exempted in this part, the person who, for 35 |
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| 61 | | - | compensation, undertakes to, submits a bid to, or does himself 36 |
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| 62 | | - | or herself or by others construct, repair, alter, remodel, add 37 |
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| 63 | | - | to, demolish, subtract from, or improve any building or 38 |
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| 64 | | - | structure, including related improvements to real estate, for 39 |
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| 65 | | - | others or for resale to others; and whose job scope is 40 |
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| 66 | | - | substantially similar to the job scope described in one of the 41 |
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| 67 | | - | paragraphs of this su bsection. For the purposes of regulation 42 |
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| 68 | | - | under this part, the term "demolish" applies only to demolition 43 |
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| 69 | | - | of steel tanks more than 50 feet in height; towers more than 50 44 |
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| 70 | | - | feet in height; other structures more than 50 feet in height; 45 |
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| 71 | | - | and all buildings or resi dences. Contractors are subdivided into 46 |
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| 72 | | - | two divisions, Division I, consisting of those contractors 47 |
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| 73 | | - | defined in paragraphs (a) -(c), and Division II, consisting of 48 |
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| 74 | | - | those contractors defined in paragraphs (d) -(q): 49 |
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| 75 | | - | (e) "Roofing contractor" means a contractor whose services 50 |
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| 51 | + | 26 |
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| 52 | + | Section 1. Paragraph (e) of subsection (3) of section 27 |
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| 53 | + | 489.105, Florida Statutes, is amended to read: 28 |
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| 54 | + | 489.105 Definitions. —As used in this part: 29 |
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| 55 | + | (3) "Contractor" means the person who is qualified for, 30 |
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| 56 | + | and is only responsible for, the project contracted for and 31 |
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| 57 | + | means, except as exempted in this part, the person who, for 32 |
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| 58 | + | compensation, undertakes to, submits a bid to, or does himself 33 |
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| 59 | + | or herself or by others construct, repair, alter, remodel, add 34 |
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| 60 | + | to, demolish, subtract from, or improve any building or 35 |
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| 61 | + | structure, including related improvements to real estate, for 36 |
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| 62 | + | others or for resale to others; and whose job scope is 37 |
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| 63 | + | substantially similar to the job scope described in one of the 38 |
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| 64 | + | paragraphs of this subsection. For the purposes of regulation 39 |
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| 65 | + | under this part, the term "demolish" applies only to demolition 40 |
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| 66 | + | of steel tanks more than 50 feet in height; towers more than 50 41 |
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| 67 | + | feet in height; other structures more than 50 feet in height; 42 |
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| 68 | + | and all buildings or residences. Contractors are subdivided into 43 |
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| 69 | + | two divisions, Divisi on I, consisting of those contractors 44 |
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| 70 | + | defined in paragraphs (a) -(c), and Division II, consisting of 45 |
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| 71 | + | those contractors defined in paragraphs (d) -(q): 46 |
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| 72 | + | (e) "Roofing contractor" means a contractor whose services 47 |
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| 73 | + | are unlimited in the roofing trade and who has the experience, 48 |
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| 74 | + | knowledge, and skill to install, maintain, repair, alter, 49 |
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| 75 | + | extend, or design, if not prohibited by law, and use materials 50 |
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| 88 | | - | are unlimited in the roofing trade and who has the experience, 51 |
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| 89 | | - | knowledge, and skill to install, maintain, repair, alter, 52 |
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| 90 | | - | extend, or design, if not prohibited by law, and use materials 53 |
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| 91 | | - | and items used in the installation, maintenance, extensio n, and 54 |
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| 92 | | - | alteration of all kinds of roofing, waterproofing, and coating, 55 |
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| 93 | | - | except when coating is not represented to protect, repair, 56 |
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| 94 | | - | waterproof, stop leaks, or extend the life of the roof. The 57 |
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| 95 | | - | scope of work of a roofing contractor also includes all of the 58 |
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| 96 | | - | following and any related work: skylights; and any related work, 59 |
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| 97 | | - | required roof-deck attachments;, and any repair or replacement 60 |
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| 98 | | - | of wood roof sheathing or fascia as needed during roof repair or 61 |
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| 99 | | - | replacement; and the evaluation and enhancement of roof -to-wall 62 |
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| 100 | | - | connections for structures with wood roof decking as described 63 |
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| 101 | | - | in Section 706 of the Florida Building Code -Existing Building, 64 |
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| 102 | | - | provided that any enhancement, which was properly installed and 65 |
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| 103 | | - | inspected in accordance with the Office of Insurance Regulation 66 |
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| 104 | | - | uniform mitigation verification inspection form, the Florida 67 |
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| 105 | | - | Building Code, or project specific engineering that exceeds 68 |
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| 106 | | - | these requirements, is done in conjunction with a roof covering 69 |
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| 107 | | - | replacement or repair and any related work . 70 |
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| 108 | | - | Section 2. For the purpose of incorporating the amendment 71 |
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| 109 | | - | made by this act to section 489.105, Florida Statutes, in a 72 |
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| 110 | | - | reference thereto, paragraph (b) of subsection (4) of section 73 |
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| 111 | | - | 489.107, Florida Statutes, is reenacted to read: 74 |
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| 112 | | - | 489.107 Construction Industry Licensing Board. — 75 |
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| 88 | + | and items used in the installation, maintenance, extension, and 51 |
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| 89 | + | alteration of all kinds of roofing, waterproofing, and coating, 52 |
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| 90 | + | except when coating is not represented to protect, repair, 53 |
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| 91 | + | waterproof, stop leaks, or extend the life of the roof. The 54 |
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| 92 | + | scope of work of a roofing contractor also includes all of the 55 |
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| 93 | + | following and any related work: skylights; and any related work, 56 |
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| 94 | + | required roof-deck attachments;, and any repair or replacement 57 |
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| 95 | + | of wood roof sheathing or fascia as needed during roof repair or 58 |
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| 96 | + | replacement; and the evaluation and enhancement of roof -to-wall 59 |
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| 97 | + | connections for structures with wood roof decking as described 60 |
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| 98 | + | in Section 706 of the Florida Building Code -Existing Building, 61 |
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| 99 | + | provided that any enhancement, which was properly installed and 62 |
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| 100 | + | inspected in accordance with the Office of Insurance Regulation 63 |
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| 101 | + | uniform mitigation verification inspection form, the Florida 64 |
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| 102 | + | Building Code, or project specific engineering that exceeds 65 |
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| 103 | + | these requirements, is done in conjunction with a roof covering 66 |
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| 104 | + | replacement or repair and any related work . 67 |
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| 105 | + | Section 2. For the purpose of incorporating the amendment 68 |
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| 106 | + | made by this act to section 48 9.105, Florida Statutes, in a 69 |
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| 107 | + | reference thereto, paragraph (b) of subsection (4) of section 70 |
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| 108 | + | 489.107, Florida Statutes, is reenacted to read: 71 |
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| 109 | + | 489.107 Construction Industry Licensing Board. — 72 |
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| 110 | + | (4) The board shall be divided into two divisions, 73 |
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| 111 | + | Division I and Division II. 74 |
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| 112 | + | (b) Division II is comprised of the roofing contractor, 75 |
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| 125 | | - | (4) The board shall be divided into two divisions, 76 |
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| 126 | | - | Division I and Division II. 77 |
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| 127 | | - | (b) Division II is comprised of the roofing contractor, 78 |
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| 128 | | - | sheet metal contractor, air -conditioning contractor, mechanical 79 |
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| 129 | | - | contractor, pool contractor, plumbing contractor, and 80 |
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| 130 | | - | underground utility and excavation contractor members of the 81 |
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| 131 | | - | board; one of the members appointed pursuant to paragraph 82 |
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| 132 | | - | (2)(j); and one of the members appointed pursuant to paragraph 83 |
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| 133 | | - | (2)(k). Division II has jurisdiction over the regulation of 84 |
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| 134 | | - | contractors defined in s. 489.105(3)(d) -(p). 85 |
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| 135 | | - | Section 3. For the purpose of incorporating the amendment 86 |
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| 136 | | - | made by this act to section 489.105, Florida Statutes, in a 87 |
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| 137 | | - | reference thereto, subsection (2) of section 489.113, Florida 88 |
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| 138 | | - | Statutes, is reenacted to read: 89 |
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| 139 | | - | 489.113 Qualifications for practice; restrictions. — 90 |
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| 140 | | - | (2) A person must be certified or registered in order to 91 |
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| 141 | | - | engage in the business of contracting in this state. However, 92 |
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| 142 | | - | for purposes of complying with the provisions of this chapter, a 93 |
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| 143 | | - | subcontractor who is not cer tified or registered may perform 94 |
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| 144 | | - | construction work under the supervision of a person who is 95 |
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| 145 | | - | certified or registered, provided that the work is within the 96 |
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| 146 | | - | scope of the supervising contractor's license, the supervising 97 |
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| 147 | | - | contractor is responsible for the work, and the subcontractor 98 |
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| 148 | | - | being supervised is not engaged in construction work that would 99 |
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| 149 | | - | require a license as a contractor under any of the categories 100 |
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| 125 | + | sheet metal contractor, air -conditioning contractor, mechanical 76 |
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| 126 | + | contractor, pool contractor, plumbing contractor, and 77 |
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| 127 | + | underground utility and excavation contractor members of the 78 |
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| 128 | + | board; one of the members appointed pursuant to paragraph 79 |
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| 129 | + | (2)(j); and one of the members appointed pursuant to paragraph 80 |
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| 130 | + | (2)(k). Division II has jurisdiction over the regulation of 81 |
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| 131 | + | contractors defined in s. 489.105(3)(d) -(p). 82 |
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| 132 | + | Section 3. For the purpose of incorporating the amendment 83 |
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| 133 | + | made by this act to section 489.105, Florida Statutes, in a 84 |
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| 134 | + | reference thereto, subsection (2) of section 489.113, Florida 85 |
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| 135 | + | Statutes, is reenacted to read: 86 |
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| 136 | + | 489.113 Qualifications for practice; restrictions. — 87 |
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| 137 | + | (2) A person must be certified or registered in order to 88 |
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| 138 | + | engage in the business of contracting in this state. However, 89 |
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| 139 | + | for purposes of complying with the provisions of this chapter, a 90 |
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| 140 | + | subcontractor who is not certified or registered may perform 91 |
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| 141 | + | construction work under the supervision of a person who is 92 |
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| 142 | + | certified or registered, provided that the work is within the 93 |
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| 143 | + | scope of the supervising contractor's license, the supervising 94 |
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| 144 | + | contractor is responsible for the work, and the subcontractor 95 |
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| 145 | + | being supervised is not engaged in con struction work that would 96 |
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| 146 | + | require a license as a contractor under any of the categories 97 |
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| 147 | + | listed in s. 489.105(3)(d) -(o). This subsection does not affect 98 |
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| 148 | + | the application of any local construction licensing ordinances. 99 |
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| 149 | + | To enforce this subsection: 100 |
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| 162 | | - | listed in s. 489.105(3)(d) -(o). This subsection does not affect 101 |
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| 163 | | - | the application of any local construction l icensing ordinances. 102 |
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| 164 | | - | To enforce this subsection: 103 |
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| 165 | | - | (a) The department shall issue a cease and desist order to 104 |
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| 166 | | - | prohibit any person from engaging in the business of contracting 105 |
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| 167 | | - | who does not hold the required certification or registration for 106 |
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| 168 | | - | the work being performed under this part. For the purpose of 107 |
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| 169 | | - | enforcing a cease and desist order, the department may file a 108 |
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| 170 | | - | proceeding in the name of the state seeking issuance of an 109 |
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| 171 | | - | injunction or a writ of mandamus against any person who violates 110 |
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| 172 | | - | any provision of such ord er. 111 |
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| 173 | | - | (b) A county, municipality, or local licensing board 112 |
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| 174 | | - | created by special act may issue a cease and desist order to 113 |
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| 175 | | - | prohibit any person from engaging in the business of contracting 114 |
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| 176 | | - | who does not hold the required certification or registration for 115 |
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| 177 | | - | the work being performed under this part. 116 |
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| 178 | | - | Section 4. For the purpose of incorporating the amendment 117 |
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| 179 | | - | made by this act to section 489.105, Florida Statutes, in 118 |
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| 180 | | - | references thereto, paragraph (a) of subsection (1), paragraphs 119 |
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| 181 | | - | (a) and (b) of subsection (2), and paragraph (a) of subsection 120 |
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| 182 | | - | (4) of section 489.117, Florida Statutes, are reenacted to read: 121 |
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| 183 | | - | 489.117 Registration; specialty contractors. — 122 |
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| 184 | | - | (1)(a) A person engaged in the business of a contractor as 123 |
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| 185 | | - | defined in s. 489.105(3)(a) -(o) must be registered bef ore 124 |
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| 186 | | - | engaging in business as a contractor in this state, unless he or 125 |
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| 162 | + | (a) The department shall issue a cease and desist order to 101 |
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| 163 | + | prohibit any person from engaging in the business of contracting 102 |
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| 164 | + | who does not hold the required certification or registration for 103 |
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| 165 | + | the work being performed under this part. For the purpose of 104 |
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| 166 | + | enforcing a cease and desist order, the department may file a 105 |
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| 167 | + | proceeding in the name of the state seeking issuance of an 106 |
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| 168 | + | injunction or a writ of mandamus against any person who violates 107 |
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| 169 | + | any provision of such order. 108 |
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| 170 | + | (b) A county, municipality, or local licensing board 109 |
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| 171 | + | created by special act may issue a cease and desist order to 110 |
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| 172 | + | prohibit any person from engaging in the business of contracting 111 |
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| 173 | + | who does not hold the required certification or registration for 112 |
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| 174 | + | the work being performed under this part. 113 |
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| 175 | + | Section 4. For the purpose of incorporating the amendment 114 |
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| 176 | + | made by this act to section 489.105, Florida Statutes, in 115 |
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| 177 | + | references thereto, paragraph (a) of subsection (1), paragraphs 116 |
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| 178 | + | (a) and (b) of subsection (2), and paragraph (a) of subsection 117 |
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| 179 | + | (4) of section 489.117, Florida Statutes, are reenacted to read: 118 |
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| 180 | + | 489.117 Registration; specialty contractors. — 119 |
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| 181 | + | (1)(a) A person engaged in the business of a contractor as 120 |
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| 182 | + | defined in s. 489.105(3)(a) -(o) must be registered before 121 |
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| 183 | + | engaging in business as a contractor in this state, unle ss he or 122 |
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| 184 | + | she is certified. Except as provided in paragraph (2)(b), to be 123 |
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| 185 | + | initially registered, the applicant must submit the required fee 124 |
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| 186 | + | and file evidence of successful compliance with the local 125 |
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| 199 | | - | she is certified. Except as provided in paragraph (2)(b), to be 126 |
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| 200 | | - | initially registered, the applicant must submit the required fee 127 |
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| 201 | | - | and file evidence of successful compliance with the local 128 |
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| 202 | | - | examination and licensing requirements, if any, in the area for 129 |
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| 203 | | - | which registration is desired. An examination is not required 130 |
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| 204 | | - | for registration. 131 |
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| 205 | | - | (2)(a) Except as provided in paragraph (b), the board may 132 |
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| 206 | | - | not issue a new registration after July 1, 1993, bas ed on any 133 |
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| 207 | | - | certificate of competency or license for a category of 134 |
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| 208 | | - | contractor defined in s. 489.105(3)(a) -(o) which is issued by a 135 |
|---|
| 209 | | - | municipal or county government that does not exercise 136 |
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| 210 | | - | disciplinary control and oversight over such locally licensed 137 |
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| 211 | | - | contractors, including forwarding a recommended order in each 138 |
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| 212 | | - | action to the board as provided in s. 489.131(7). For purposes 139 |
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| 213 | | - | of this subsection and s. 489.131(10), the board shall determine 140 |
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| 214 | | - | the adequacy of such disciplinary control by reviewing the local 141 |
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| 215 | | - | government's ability to process and investigate complaints and 142 |
|---|
| 216 | | - | to take disciplinary action against locally licensed 143 |
|---|
| 217 | | - | contractors. 144 |
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| 218 | | - | (b) The board shall issue a registration to an eligible 145 |
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| 219 | | - | applicant to engage in the business of a contractor in a 146 |
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| 220 | | - | specified local jurisdic tion, provided each of the following 147 |
|---|
| 221 | | - | conditions are satisfied: 148 |
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| 222 | | - | 1. The applicant held, in any local jurisdiction in this 149 |
|---|
| 223 | | - | state during 2021, 2022, or 2023, a certificate of registration 150 |
|---|
| 199 | + | examination and licensing requirements, if any, in the area for 126 |
|---|
| 200 | + | which registration is desired. An examination is not required 127 |
|---|
| 201 | + | for registration. 128 |
|---|
| 202 | + | (2)(a) Except as provided in paragraph (b), the board may 129 |
|---|
| 203 | + | not issue a new registration after July 1, 1993, based on any 130 |
|---|
| 204 | + | certificate of competency or license for a categor y of 131 |
|---|
| 205 | + | contractor defined in s. 489.105(3)(a) -(o) which is issued by a 132 |
|---|
| 206 | + | municipal or county government that does not exercise 133 |
|---|
| 207 | + | disciplinary control and oversight over such locally licensed 134 |
|---|
| 208 | + | contractors, including forwarding a recommended order in each 135 |
|---|
| 209 | + | action to the board as provided in s. 489.131(7). For purposes 136 |
|---|
| 210 | + | of this subsection and s. 489.131(10), the board shall determine 137 |
|---|
| 211 | + | the adequacy of such disciplinary control by reviewing the local 138 |
|---|
| 212 | + | government's ability to process and investigate complaints and 139 |
|---|
| 213 | + | to take disciplinary action against locally licensed 140 |
|---|
| 214 | + | contractors. 141 |
|---|
| 215 | + | (b) The board shall issue a registration to an eligible 142 |
|---|
| 216 | + | applicant to engage in the business of a contractor in a 143 |
|---|
| 217 | + | specified local jurisdiction, provided each of the following 144 |
|---|
| 218 | + | conditions are satisfie d: 145 |
|---|
| 219 | + | 1. The applicant held, in any local jurisdiction in this 146 |
|---|
| 220 | + | state during 2021, 2022, or 2023, a certificate of registration 147 |
|---|
| 221 | + | issued by the state or a local license issued by a local 148 |
|---|
| 222 | + | jurisdiction to perform work in a category of contractor defined 149 |
|---|
| 223 | + | in s. 489.105(3)(a)-(o). 150 |
|---|
| 236 | | - | issued by the state or a local license issued by a local 151 |
|---|
| 237 | | - | jurisdiction to perform work in a category of contractor defined 152 |
|---|
| 238 | | - | in s. 489.105(3)(a)-(o). 153 |
|---|
| 239 | | - | 2. The applicant submits all of the following to the 154 |
|---|
| 240 | | - | board: 155 |
|---|
| 241 | | - | a. Evidence of the certificate of registration or local 156 |
|---|
| 242 | | - | license held by the applicant as required by subparagraph 1 . 157 |
|---|
| 243 | | - | b. Evidence that the specified local jurisdiction does not 158 |
|---|
| 244 | | - | have a license type available for the category of work for which 159 |
|---|
| 245 | | - | the applicant was issued a certificate of registration or local 160 |
|---|
| 246 | | - | license during 2021, 2022, or 2023, such as a notification on 161 |
|---|
| 247 | | - | the website of the local jurisdiction or an e -mail or letter 162 |
|---|
| 248 | | - | from the office of the local building official or local building 163 |
|---|
| 249 | | - | department stating that such license type is not available in 164 |
|---|
| 250 | | - | that local jurisdiction. 165 |
|---|
| 251 | | - | c. Evidence that the applicant has submitte d the required 166 |
|---|
| 252 | | - | fee. 167 |
|---|
| 253 | | - | d. Evidence of compliance with the insurance and financial 168 |
|---|
| 254 | | - | responsibility requirements of s. 489.115(5). 169 |
|---|
| 255 | | - | 170 |
|---|
| 256 | | - | An examination is not required for an applicant seeking a 171 |
|---|
| 257 | | - | registration under this paragraph. 172 |
|---|
| 258 | | - | (4)(a)1. A person whose job scope does not substantially 173 |
|---|
| 259 | | - | correspond to either the job scope of one of the contractor 174 |
|---|
| 260 | | - | categories defined in s. 489.105(3)(a) -(o), or the job scope of 175 |
|---|
| 236 | + | 2. The applicant submits all of the following to the 151 |
|---|
| 237 | + | board: 152 |
|---|
| 238 | + | a. Evidence of the certificate of registration or local 153 |
|---|
| 239 | + | license held by the applicant as required by subparagraph 1. 154 |
|---|
| 240 | + | b. Evidence that the specified local jurisdiction does n ot 155 |
|---|
| 241 | + | have a license type available for the category of work for which 156 |
|---|
| 242 | + | the applicant was issued a certificate of registration or local 157 |
|---|
| 243 | + | license during 2021, 2022, or 2023, such as a notification on 158 |
|---|
| 244 | + | the website of the local jurisdiction or an e -mail or letter 159 |
|---|
| 245 | + | from the office of the local building official or local building 160 |
|---|
| 246 | + | department stating that such license type is not available in 161 |
|---|
| 247 | + | that local jurisdiction. 162 |
|---|
| 248 | + | c. Evidence that the applicant has submitted the required 163 |
|---|
| 249 | + | fee. 164 |
|---|
| 250 | + | d. Evidence of compliance with the ins urance and financial 165 |
|---|
| 251 | + | responsibility requirements of s. 489.115(5). 166 |
|---|
| 252 | + | 167 |
|---|
| 253 | + | An examination is not required for an applicant seeking a 168 |
|---|
| 254 | + | registration under this paragraph. 169 |
|---|
| 255 | + | (4)(a)1. A person whose job scope does not substantially 170 |
|---|
| 256 | + | correspond to either the job scope o f one of the contractor 171 |
|---|
| 257 | + | categories defined in s. 489.105(3)(a) -(o), or the job scope of 172 |
|---|
| 258 | + | one of the certified specialty contractor categories established 173 |
|---|
| 259 | + | by board rule, is not required to register with the board. A 174 |
|---|
| 260 | + | local government, as defined in s. 163.211 , may not require a 175 |
|---|
| 273 | | - | one of the certified specialty contractor categories established 176 |
|---|
| 274 | | - | by board rule, is not required to register with the board. A 177 |
|---|
| 275 | | - | local government, as defined in s. 163.211, may not require a 178 |
|---|
| 276 | | - | person to obtain a license, issued by the local government or 179 |
|---|
| 277 | | - | the state, for a job scope which does not substantially 180 |
|---|
| 278 | | - | correspond to the job scope of one of the contractor categ ories 181 |
|---|
| 279 | | - | defined in s. 489.105(3)(a) -(o) and (q) or authorized in s. 182 |
|---|
| 280 | | - | 489.1455(1), or the job scope of one of the certified specialty 183 |
|---|
| 281 | | - | contractor categories established pursuant to s. 489.113(6). A 184 |
|---|
| 282 | | - | local government may not require a state or local license to 185 |
|---|
| 283 | | - | obtain a permit for such job scopes. For purposes of this 186 |
|---|
| 284 | | - | section, job scopes for which a local government may not require 187 |
|---|
| 285 | | - | a license include, but are not limited to, painting; flooring; 188 |
|---|
| 286 | | - | cabinetry; interior remodeling when the scope of the project 189 |
|---|
| 287 | | - | does not include a task for which a state license is required; 190 |
|---|
| 288 | | - | driveway or tennis court installation; handyman services; 191 |
|---|
| 289 | | - | decorative stone, tile, marble, granite, or terrazzo 192 |
|---|
| 290 | | - | installation; plastering; pressure washing; stuccoing; caulking; 193 |
|---|
| 291 | | - | and canvas awning and orname ntal iron installation. 194 |
|---|
| 292 | | - | 2. A county that includes an area designated as an area of 195 |
|---|
| 293 | | - | critical state concern under s. 380.05 may offer a license for 196 |
|---|
| 294 | | - | any job scope which requires a contractor license under this 197 |
|---|
| 295 | | - | part if the county imposed such a licensing req uirement before 198 |
|---|
| 296 | | - | January 1, 2021. 199 |
|---|
| 297 | | - | 3. A local government may continue to offer a license for 200 |
|---|
| 273 | + | person to obtain a license, issued by the local government or 176 |
|---|
| 274 | + | the state, for a job scope which does not substantially 177 |
|---|
| 275 | + | correspond to the job scope of one of the contractor categories 178 |
|---|
| 276 | + | defined in s. 489.105(3)(a) -(o) and (q) or authorized in s. 179 |
|---|
| 277 | + | 489.1455(1), or the job scope of one of the certified specialty 180 |
|---|
| 278 | + | contractor categories established pursuant to s. 489.113(6). A 181 |
|---|
| 279 | + | local government may not require a state or local license to 182 |
|---|
| 280 | + | obtain a permit for such job scopes. For purposes of this 183 |
|---|
| 281 | + | section, job scopes for which a local government may not require 184 |
|---|
| 282 | + | a license include, but are not limited to, painting; flooring; 185 |
|---|
| 283 | + | cabinetry; interior remodeling when the scope of the project 186 |
|---|
| 284 | + | does not include a task for which a state license is required; 187 |
|---|
| 285 | + | driveway or tennis court installation; handyman services; 188 |
|---|
| 286 | + | decorative stone, tile, marble, granite, or terrazzo 189 |
|---|
| 287 | + | installation; plastering; pressure washing; stuccoing; caulking; 190 |
|---|
| 288 | + | and canvas awning and ornamental iron installation. 191 |
|---|
| 289 | + | 2. A county that includes an area designated as an area of 192 |
|---|
| 290 | + | critical state concern under s. 380.05 may offer a license for 193 |
|---|
| 291 | + | any job scope which requires a contractor license under this 194 |
|---|
| 292 | + | part if the county imposed such a licensing requirement before 195 |
|---|
| 293 | + | January 1, 2021. 196 |
|---|
| 294 | + | 3. A local government may continue to offer a license for 197 |
|---|
| 295 | + | veneer, including aluminum or vinyl gutters, siding, soffit, or 198 |
|---|
| 296 | + | fascia; rooftop painting, coating, and cleaning above three 199 |
|---|
| 297 | + | stories in height; or fence installation and erection if the 200 |
|---|
| 310 | | - | veneer, including aluminum or vinyl gutters, siding, soffit, or 201 |
|---|
| 311 | | - | fascia; rooftop painting, coating, and cleaning above three 202 |
|---|
| 312 | | - | stories in height; or fence installatio n and erection if the 203 |
|---|
| 313 | | - | local government imposed such a licensing requirement before 204 |
|---|
| 314 | | - | January 1, 2021. 205 |
|---|
| 315 | | - | 4. A local government may not require a license as a 206 |
|---|
| 316 | | - | prerequisite to submit a bid for public works projects if the 207 |
|---|
| 317 | | - | work to be performed does not require a license under general 208 |
|---|
| 318 | | - | law. 209 |
|---|
| 319 | | - | Section 5. For the purpose of incorporating the amendment 210 |
|---|
| 320 | | - | made by this act to section 489.105, Florida Statutes, in a 211 |
|---|
| 321 | | - | reference thereto, subsection (1) of section 489.118, Florida 212 |
|---|
| 322 | | - | Statutes, is reenacted to read: 213 |
|---|
| 323 | | - | 489.118 Certification of registered contractors; 214 |
|---|
| 324 | | - | grandfathering provisions. —The board shall, upon receipt of a 215 |
|---|
| 325 | | - | completed application and appropriate fee, issue a certificate 216 |
|---|
| 326 | | - | in the appropriate category to any contractor registered under 217 |
|---|
| 327 | | - | this part who makes applicati on to the board and can show that 218 |
|---|
| 328 | | - | he or she meets each of the following requirements: 219 |
|---|
| 329 | | - | (1) Currently holds a valid registered local license in 220 |
|---|
| 330 | | - | one of the contractor categories defined in s. 489.105(3)(a) -221 |
|---|
| 331 | | - | (p). 222 |
|---|
| 332 | | - | Section 6. For the purpose of incorporatin g the amendment 223 |
|---|
| 333 | | - | made by this act to section 489.105, Florida Statutes, in a 224 |
|---|
| 334 | | - | reference thereto, subsection (1) of section 489.126, Florida 225 |
|---|
| 310 | + | local government imposed such a licens ing requirement before 201 |
|---|
| 311 | + | January 1, 2021. 202 |
|---|
| 312 | + | 4. A local government may not require a license as a 203 |
|---|
| 313 | + | prerequisite to submit a bid for public works projects if the 204 |
|---|
| 314 | + | work to be performed does not require a license under general 205 |
|---|
| 315 | + | law. 206 |
|---|
| 316 | + | Section 5. For the purpose of incorporating the amendment 207 |
|---|
| 317 | + | made by this act to section 489.105, Florida Statutes, in a 208 |
|---|
| 318 | + | reference thereto, subsection (1) of section 489.118, Florida 209 |
|---|
| 319 | + | Statutes, is reenacted to read: 210 |
|---|
| 320 | + | 489.118 Certification of registered contractors; 211 |
|---|
| 321 | + | grandfathering provis ions.—The board shall, upon receipt of a 212 |
|---|
| 322 | + | completed application and appropriate fee, issue a certificate 213 |
|---|
| 323 | + | in the appropriate category to any contractor registered under 214 |
|---|
| 324 | + | this part who makes application to the board and can show that 215 |
|---|
| 325 | + | he or she meets each of th e following requirements: 216 |
|---|
| 326 | + | (1) Currently holds a valid registered local license in 217 |
|---|
| 327 | + | one of the contractor categories defined in s. 489.105(3)(a) -218 |
|---|
| 328 | + | (p). 219 |
|---|
| 329 | + | Section 6. For the purpose of incorporating the amendment 220 |
|---|
| 330 | + | made by this act to section 489.105, Florida Statutes, in a 221 |
|---|
| 331 | + | reference thereto, subsection (1) of section 489.126, Florida 222 |
|---|
| 332 | + | Statutes, is reenacted to read: 223 |
|---|
| 333 | + | 489.126 Moneys received by contractors. — 224 |
|---|
| 334 | + | (1) For purposes of this section, the term "contractor" 225 |
|---|
| 347 | | - | Statutes, is reenacted to read: 226 |
|---|
| 348 | | - | 489.126 Moneys received by contractors. — 227 |
|---|
| 349 | | - | (1) For purposes of this section, the ter m "contractor" 228 |
|---|
| 350 | | - | includes all definitions as set forth in s. 489.105(3), and any 229 |
|---|
| 351 | | - | person performing or contracting or promising to perform work 230 |
|---|
| 352 | | - | described therein, without regard to the licensure of the 231 |
|---|
| 353 | | - | person. 232 |
|---|
| 354 | | - | Section 7. For the purpose of incorporating t he amendment 233 |
|---|
| 355 | | - | made by this act to section 489.105, Florida Statutes, in 234 |
|---|
| 356 | | - | references thereto, subsections (10) and (11) of section 235 |
|---|
| 357 | | - | 489.131, Florida Statutes, are reenacted to read: 236 |
|---|
| 358 | | - | 489.131 Applicability. — 237 |
|---|
| 359 | | - | (10) No municipal or county government may issue a ny 238 |
|---|
| 360 | | - | certificate of competency or license for any contractor defined 239 |
|---|
| 361 | | - | in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local 240 |
|---|
| 362 | | - | government exercises disciplinary control and oversight over 241 |
|---|
| 363 | | - | such locally licensed contractors, including forwarding a 242 |
|---|
| 364 | | - | recommended order in each action to the board as provided in 243 |
|---|
| 365 | | - | subsection (7). Each local board that licenses and disciplines 244 |
|---|
| 366 | | - | contractors must have at least two consumer representatives on 245 |
|---|
| 367 | | - | that board. If the board has seven or more members, at least 246 |
|---|
| 368 | | - | three of those members must be consumer representatives. The 247 |
|---|
| 369 | | - | consumer representative may be any resident of the local 248 |
|---|
| 370 | | - | jurisdiction who is not, and has never been, a member or 249 |
|---|
| 371 | | - | practitioner of a profession regulated by the board or a member 250 |
|---|
| 347 | + | includes all definitions as set forth in s. 4 89.105(3), and any 226 |
|---|
| 348 | + | person performing or contracting or promising to perform work 227 |
|---|
| 349 | + | described therein, without regard to the licensure of the 228 |
|---|
| 350 | + | person. 229 |
|---|
| 351 | + | Section 7. For the purpose of incorporating the amendment 230 |
|---|
| 352 | + | made by this act to section 489.105, Florida St atutes, in 231 |
|---|
| 353 | + | references thereto, subsections (10) and (11) of section 232 |
|---|
| 354 | + | 489.131, Florida Statutes, are reenacted to read: 233 |
|---|
| 355 | + | 489.131 Applicability. — 234 |
|---|
| 356 | + | (10) No municipal or county government may issue any 235 |
|---|
| 357 | + | certificate of competency or license for any contractor d efined 236 |
|---|
| 358 | + | in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local 237 |
|---|
| 359 | + | government exercises disciplinary control and oversight over 238 |
|---|
| 360 | + | such locally licensed contractors, including forwarding a 239 |
|---|
| 361 | + | recommended order in each action to the board as provided in 240 |
|---|
| 362 | + | subsection (7). Each local board that licenses and disciplines 241 |
|---|
| 363 | + | contractors must have at least two consumer representatives on 242 |
|---|
| 364 | + | that board. If the board has seven or more members, at least 243 |
|---|
| 365 | + | three of those members must be consumer representatives. The 244 |
|---|
| 366 | + | consumer representative may be any resident of the local 245 |
|---|
| 367 | + | jurisdiction who is not, and has never been, a member or 246 |
|---|
| 368 | + | practitioner of a profession regulated by the board or a member 247 |
|---|
| 369 | + | of any closely related profession. 248 |
|---|
| 370 | + | (11) Any municipal or county government which enters or 249 |
|---|
| 371 | + | has in place a reciprocal agreement which accepts a certificate 250 |
|---|
| 384 | | - | of any closely related profession . 251 |
|---|
| 385 | | - | (11) Any municipal or county government which enters or 252 |
|---|
| 386 | | - | has in place a reciprocal agreement which accepts a certificate 253 |
|---|
| 387 | | - | of competency or license issued by another municipal or county 254 |
|---|
| 388 | | - | government in lieu of its own certificate of competency or 255 |
|---|
| 389 | | - | license allowing contractors defined in s. 489.105(3)(a) -(o), 256 |
|---|
| 390 | | - | shall file a certified copy of such agreement with the board not 257 |
|---|
| 391 | | - | later than 60 days after July 1, 1993, or 30 days after the 258 |
|---|
| 392 | | - | effective date of such agreement. 259 |
|---|
| 393 | | - | Section 8. For the purpose of incorporati ng the amendment 260 |
|---|
| 394 | | - | made by this act to section 489.105, Florida Statutes, in a 261 |
|---|
| 395 | | - | reference thereto, subsection (2) of section 877.02, Florida 262 |
|---|
| 396 | | - | Statutes, is reenacted to read: 263 |
|---|
| 397 | | - | 877.02 Solicitation of legal services or retainers 264 |
|---|
| 398 | | - | therefor; penalty.— 265 |
|---|
| 399 | | - | (2) It shall be unlawful for any person in the employ of 266 |
|---|
| 400 | | - | or in any capacity attached to any hospital, sanitarium, police 267 |
|---|
| 401 | | - | department, wrecker service or garage, prison or court, for a 268 |
|---|
| 402 | | - | person authorized to furnish bail bonds, investigators, 269 |
|---|
| 403 | | - | photographers, insurance or public adjusters, or for a general 270 |
|---|
| 404 | | - | or other contractor as defined in s. 489.105 or other business 271 |
|---|
| 405 | | - | providing sinkhole remediation services, to communicate directly 272 |
|---|
| 406 | | - | or indirectly with any attorney or person acting on said 273 |
|---|
| 407 | | - | attorney's behalf for th e purpose of aiding, assisting, or 274 |
|---|
| 408 | | - | abetting such attorney in the solicitation of legal business or 275 |
|---|
| 384 | + | of competency or license issued by another municipal or county 251 |
|---|
| 385 | + | government in lieu of its own certificate of competency or 252 |
|---|
| 386 | + | license allowing contractors defined in s. 489.105(3)(a) -(o), 253 |
|---|
| 387 | + | shall file a certified copy of such agreement with the board not 254 |
|---|
| 388 | + | later than 60 days after July 1, 1993, or 30 days after the 255 |
|---|
| 389 | + | effective date of such agreement. 256 |
|---|
| 390 | + | Section 8. For the purpose of incorporating the amendment 257 |
|---|
| 391 | + | made by this act to section 489.105, Florid a Statutes, in a 258 |
|---|
| 392 | + | reference thereto, subsection (2) of section 877.02, Florida 259 |
|---|
| 393 | + | Statutes, is reenacted to read: 260 |
|---|
| 394 | + | 877.02 Solicitation of legal services or retainers 261 |
|---|
| 395 | + | therefor; penalty.— 262 |
|---|
| 396 | + | (2) It shall be unlawful for any person in the employ of 263 |
|---|
| 397 | + | or in any capacity attached to any hospital, sanitarium, police 264 |
|---|
| 398 | + | department, wrecker service or garage, prison or court, for a 265 |
|---|
| 399 | + | person authorized to furnish bail bonds, investigators, 266 |
|---|
| 400 | + | photographers, insurance or public adjusters, or for a general 267 |
|---|
| 401 | + | or other contractor a s defined in s. 489.105 or other business 268 |
|---|
| 402 | + | providing sinkhole remediation services, to communicate directly 269 |
|---|
| 403 | + | or indirectly with any attorney or person acting on said 270 |
|---|
| 404 | + | attorney's behalf for the purpose of aiding, assisting, or 271 |
|---|
| 405 | + | abetting such attorney in the sol icitation of legal business or 272 |
|---|
| 406 | + | the procurement through solicitation of a retainer, written or 273 |
|---|
| 407 | + | oral, or any agreement authorizing the attorney to perform or 274 |
|---|
| 408 | + | render legal services. 275 |
|---|
| 421 | | - | the procurement through solicitation of a retainer, written or 276 |
|---|
| 422 | | - | oral, or any agreement authorizing the attorney to perform or 277 |
|---|
| 423 | | - | render legal services. 278 |
|---|
| 424 | | - | Section 9. Paragraphs (a) and (b) of subsection (6) of 279 |
|---|
| 425 | | - | section 489.147, Florida Statutes, are amended, and subsection 280 |
|---|
| 426 | | - | (7) is added to that section, to read: 281 |
|---|
| 427 | | - | 489.147 Prohibited property insurance practices; contract 282 |
|---|
| 428 | | - | requirements.— 283 |
|---|
| 429 | | - | (6)(a) A residential proper ty owner may cancel a contract 284 |
|---|
| 430 | | - | to replace or repair a roof without penalty or obligation within 285 |
|---|
| 431 | | - | 10 days after the execution of the contract or by the official 286 |
|---|
| 432 | | - | start date, whichever comes first, if the contract was entered 287 |
|---|
| 433 | | - | into within 180 days of based on events that are the subject of 288 |
|---|
| 434 | | - | a declaration of a state of emergency by the Governor and the 289 |
|---|
| 435 | | - | residential property is located within the geographic area for 290 |
|---|
| 436 | | - | which the declaration of the state of emergency applies . For the 291 |
|---|
| 437 | | - | purposes of this subsection, the off icial start date is the date 292 |
|---|
| 438 | | - | on which work that includes the installation of materials that 293 |
|---|
| 439 | | - | will be included in the final work on the roof commences, a 294 |
|---|
| 440 | | - | final permit has been issued, or a temporary repair to the roof 295 |
|---|
| 441 | | - | covering or roof has been made in compli ance with the Florida 296 |
|---|
| 442 | | - | Building Code. 297 |
|---|
| 443 | | - | (b) A contractor executing a contract during a declaration 298 |
|---|
| 444 | | - | of a state of emergency to replace or repair a roof of a 299 |
|---|
| 445 | | - | residential property must include or add as an attachment to the 300 |
|---|
| 421 | + | Section 9. Paragraphs (a) and (b) of subsection (6) of 276 |
|---|
| 422 | + | section 489.147, Florida Statutes, are amended to read: 277 |
|---|
| 423 | + | 489.147 Prohibited property insurance practices; contract 278 |
|---|
| 424 | + | requirements.— 279 |
|---|
| 425 | + | (6)(a) A residential property owner may cancel a contract 280 |
|---|
| 426 | + | to replace or repair a roof without penalty or obligation within 281 |
|---|
| 427 | + | 10 days after the execution of the contract or by the official 282 |
|---|
| 428 | + | start date, whichever comes first, if the contract was entered 283 |
|---|
| 429 | + | into within 180 days of based on events that are the subject of 284 |
|---|
| 430 | + | a declaration of a state of emergency by the Governor and the 285 |
|---|
| 431 | + | residential property i s located within the geographic area for 286 |
|---|
| 432 | + | which the declaration of the state of emergency applies . For the 287 |
|---|
| 433 | + | purposes of this subsection, the official start date is the date 288 |
|---|
| 434 | + | on which work that includes the installation of materials that 289 |
|---|
| 435 | + | will be included in th e final work on the roof commences, a 290 |
|---|
| 436 | + | final permit has been issued, or a temporary repair to the roof 291 |
|---|
| 437 | + | covering or roof has been made in compliance with the Florida 292 |
|---|
| 438 | + | Building Code. 293 |
|---|
| 439 | + | (b) A contractor executing a contract during a declaration 294 |
|---|
| 440 | + | of a state of emergency to replace or repair a roof of a 295 |
|---|
| 441 | + | residential property must include or add as an attachment to the 296 |
|---|
| 442 | + | contract the following language, in bold type of not less than 297 |
|---|
| 443 | + | 14 points 18 points, immediately before the space reserved for 298 |
|---|
| 444 | + | the signature of the res idential property owner: 299 |
|---|
| 445 | + | 300 |
|---|
| 458 | | - | contract the following language, in bold type of not less than 301 |
|---|
| 459 | | - | 14 points 18 points, immediately before the space reserved for 302 |
|---|
| 460 | | - | the signature of the residential property owner: 303 |
|---|
| 461 | | - | 304 |
|---|
| 462 | | - | "You, the residential property owner, may cancel this contract 305 |
|---|
| 463 | | - | without penalty or obligation within 10 days after th e execution 306 |
|---|
| 464 | | - | of the contract or by the official start date, whichever comes 307 |
|---|
| 465 | | - | first, because this contract was entered into within 180 days of 308 |
|---|
| 466 | | - | events resulting in the declaration of during a state of 309 |
|---|
| 467 | | - | emergency by the Governor. The official start date is the date 310 |
|---|
| 468 | | - | on which work that includes the installation of materials that 311 |
|---|
| 469 | | - | will be included in the final work on the roof commences, a 312 |
|---|
| 470 | | - | final permit has been issued, or a temporary repair to the roof 313 |
|---|
| 471 | | - | covering or roof system has been made in compliance with the 314 |
|---|
| 472 | | - | Florida Building Code." 315 |
|---|
| 473 | | - | (7) A contractor executing a contract to replace or repair 316 |
|---|
| 474 | | - | a roof of a residential property must include in the contract, 317 |
|---|
| 475 | | - | or add as an attachment to the contract, the following language 318 |
|---|
| 476 | | - | in bold type of not less than 14 points on the page reserved for 319 |
|---|
| 477 | | - | the signature of the residential property owner: 320 |
|---|
| 478 | | - | 321 |
|---|
| 479 | | - | "If the proposed work is related to an insurance claim, you, the 322 |
|---|
| 480 | | - | residential property owner, should contact your insur ance 323 |
|---|
| 481 | | - | company to verify coverage for the proposed roofing work, 324 |
|---|
| 482 | | - | including any claims, deductibles, and policy terms, before 325 |
|---|
| 483 | | - | |
|---|
| 484 | | - | CS/CS/HB 715 2025 |
|---|
| 485 | | - | |
|---|
| 486 | | - | |
|---|
| 487 | | - | |
|---|
| 488 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 489 | | - | hb715-02-c2 |
|---|
| 490 | | - | Page 14 of 14 |
|---|
| 491 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 492 | | - | |
|---|
| 493 | | - | |
|---|
| 494 | | - | |
|---|
| 495 | | - | signing this contract. By signing this contract, you acknowledge 326 |
|---|
| 496 | | - | that you have been advised to contact your insurance provider 327 |
|---|
| 497 | | - | regarding coverage and reimbursement of the proposed work." 328 |
|---|
| 498 | | - | Section 10. This act shall take effect upon becoming a 329 |
|---|
| 499 | | - | law. 330 |
|---|
| 458 | + | "You, the residential property owner, may cancel this contract 301 |
|---|
| 459 | + | without penalty or obligation within 10 days after the execution 302 |
|---|
| 460 | + | of the contract or by the official start date, whichever comes 303 |
|---|
| 461 | + | first, because this contract was entere d into within 180 days of 304 |
|---|
| 462 | + | events resulting in the declaration of during a state of 305 |
|---|
| 463 | + | emergency by the Governor. The official start date is the date 306 |
|---|
| 464 | + | on which work that includes the installation of materials that 307 |
|---|
| 465 | + | will be included in the final work on the roof commences, a 308 |
|---|
| 466 | + | final permit has been issued, or a temporary repair to the roof 309 |
|---|
| 467 | + | covering or roof system has been made in compliance with the 310 |
|---|
| 468 | + | Florida Building Code." 311 |
|---|
| 469 | + | Section 10. This act shall take effect upon becoming a 312 |
|---|
| 470 | + | law. 313 |
|---|