Florida Statutes Part I - Construction Contracting (Ss. 489.101-489.146)

• 489.101 - Purpose.
  The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry.History.—ss. 1, 17, ch. 79-200; ss....
• 489.103 - Exemptions.
  This part does not apply to:(1) Contractors in work on bridges, roads, streets, highways, or railroads, and services incidental thereto. The board, in agreement with the...
• 489.105 - Definitions.
  As used in this part:(1) “Board” means the Construction Industry Licensing Board.(2) “Department” means the Department of Business and Professional Regulation.(3) “Contractor” means the person who is qualified...
• 489.107 - Construction Industry Licensing Board.
  (1) To carry out the provisions of this part, there is created within the department the Construction Industry Licensing Board. Members shall be appointed by the...
• 489.108 - Rulemaking Authority.
  The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.History.—s. 2,...
• 489.109 - Fees.
  (1) The board, by rule, shall establish reasonable fees to be paid for applications, certification and renewal, registration and renewal, and recordmaking and recordkeeping. The fees...
• 489.111 - Licensure By Examination.
  (1) Any person who desires to be certified shall apply to the department in writing.(2) A person shall be eligible for licensure by examination if the person:(a) Is...
• 489.113 - Qualifications For Practice; Restrictions.
  (1) Any person who desires to engage in contracting on a statewide basis shall, as a prerequisite thereto, establish his or her competency and qualifications to...
• 489.1136 - Medical Gas Certification.
  (1)(a) In addition to the certification or registration required to engage in business as a plumbing contractor, any plumbing contractor who wishes to engage in the...
• 489.114 - Evidence Of Workers’ Compensation Coverage.
  Except as provided in s. 489.115(5)(d), any person, business organization, or qualifying agent engaged in the business of contracting in this state and certified or...
• 489.115 - Certification And Registration; Endorsement; Reciprocity; Renewals; Continuing Education.
  (1) No person may engage in the business of contracting in this state without first being certified or registered in the proper classification.(2)(a) The department shall issue...
• 489.116 - Inactive And Delinquent Status; Renewal And Cancellation Notices.
  (1) A certificateholder or registrant may not engage in contracting unless the certificateholder or registrant has an active status certificate or registration. A certificateholder or registrant...
• 489.117 - Registration; Specialty Contractors.
  (1)(a) Any person engaged in the business of a contractor as defined in s. 489.105(3)(a)-(o) must be registered before engaging in business as a contractor in...
• 489.118 - Certification Of Registered Contractors; Grandfathering Provisions.
  The board shall, upon receipt of a completed application and appropriate fee, issue a certificate in the appropriate category to any contractor registered under this...
• 489.119 - Business Organizations; Qualifying Agents.
  (1) If an individual proposes to engage in contracting in the individual’s own name, or a fictitious name where the individual is doing business as a...
• 489.1195 - Responsibilities.
  (1) A qualifying agent is a primary qualifying agent unless he or she is a secondary qualifying agent under this section.(a) All primary qualifying agents for a...
• 489.121 - Emergency Registration Upon Death Of Contractor.
  If an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though not certified...
• 489.124 - Business Records Requirements; Address Of Record; Service.
  (1) All contractors who are registered or certified pursuant to this chapter shall maintain complete financial and business records for the immediately preceding 3 years. The...
• 489.125 - Prequalification Of Certificateholders.
  Any person holding a certificate shall be prequalified to bid by a district school board pursuant to uniform prequalification of contractors criteria adopted by rule...
• 489.126 - Moneys Received By Contractors.
  (1) For purposes of this section, the term “contractor” includes all definitions as set forth in s. 489.105(3), and any person performing or contracting or promising...
• 489.127 - Prohibitions; Penalties.
  (1) No person shall:(a) Falsely hold himself or herself or a business organization out as a licensee, certificateholder, or registrant;(b) Falsely impersonate a certificateholder or registrant;(c) Present as his...
• 489.128 - Contracts Entered Into By Unlicensed Contractors Unenforceable.
  (1) As a matter of public policy, contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or...
• 489.129 - Disciplinary Proceedings.
  (1) The board may take any of the following actions against any certificateholder or registrant: place on probation or reprimand the licensee, revoke, suspend, or deny...
• 489.13 - Unlicensed Contracting; Notice Of Noncompliance; Fine; Authority To Issue Or Receive A Building Permit; Web Page.
  (1) Any person performing an activity requiring licensure under this part as a construction contractor is guilty of unlicensed contracting if he or she does not...
• 489.131 - Applicability.
  (1) This part applies to all contractors, including, but not limited to, those performing work for the state or any county or municipality. Officers of the...
• 489.132 - Prohibited Acts By Unlicensed Principals; Investigation; Hearing; Penalties.
  (1) No uncertified or unregistered person associated with a contracting firm qualified by the licensee under this chapter shall:(a) Conceal or cause to be concealed, or assist...
• 489.133 - Pollutant Storage Systems Specialty Contractors; Definitions; Certification; Restrictions.
  (1) As used in this part:(a) “Registered internal pollutant storage tank lining applicator” means any person who has registered with the department pursuant to subsection (3). This...
• 489.134 - Authority Of Licensed Job Scope.
  A licensee under this part need not have a license under part II to perform work within the scope of his or her license under...
• 489.140 - Florida Homeowners’ Construction Recovery Fund.
  There is created the Florida Homeowners’ Construction Recovery Fund as a separate account in the Professional Regulation Trust Fund. The recovery fund shall be funded...
• 489.1401 - Legislative Intent.
  (1) It is the intent of the Legislature that actions taken by the Construction Industry Licensing Board with respect to contractor sanctions and pursuant to this...
• 489.1402 - Homeowners’ Construction Recovery Fund; Definitions.
  (1) The following definitions apply to ss. 489.140-489.144:(a) “Arbitration” means alternative dispute resolution entered into between a claimant and a contractor either pursuant to a construction contract...
• 489.141 - Conditions For Recovery; Eligibility.
  (1) Any claimant is eligible to seek recovery from the recovery fund after having made a claim and exhausting the limits of any available bond, cash...
• 489.142 - Board Powers Relating To Recovery; Conduct Of Hearings And Service.
  (1) With respect to actions for recovery from the recovery fund, the board may intervene, enter an appearance, file an answer, defend the action, or take...
• 489.1425 - Duty Of Contractor To Notify Residential Property Owner Of Recovery Fund.
  (1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the...
• 489.143 - Payment From The Fund.
  (1) The fund shall be disbursed as provided in s. 489.141 on a final order of the board.(2) Any claimant who meets all of the conditions prescribed...
• 489.144 - Investment Of The Fund.
  The funds in the recovery fund may be invested by the Chief Financial Officer under the same limitations as apply to the investment of other...
• 489.145 - Guaranteed Energy, Water, And Wastewater Performance Savings Contracting.
  (1) SHORT TITLE.—This section may be cited as the “Guaranteed Energy, Water, and Wastewater Performance Savings Contracting Act.”(2) LEGISLATIVE FINDINGS.—The Legislature finds that investment in energy, water,...
• 489.1455 - Journeyman; Reciprocity; Standards.
  (1) An individual who holds a valid, active journeyman license in the plumbing/pipe fitting, mechanical, or HVAC trades issued by any county or municipality in this...
• 489.146 - Privatization Of Services.
  Notwithstanding any other provision of this part relating to the review of licensure applications, issuance of licenses and renewals, collection of revenues, fees, and fines,...

Last modified: September 23, 2016