Florida Senate - 2019                                     SB 674
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00890A-19                                            2019674__
    1                        A bill to be entitled                      
    2         An act relating to construction contracting
    3         qualifications; amending s. 489.113, F.S.; revising
    4         requirements for a subcontractor who is not certified
    5         or registered to perform construction work under the
    6         supervision of a person who is certified or
    7         registered; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 489.113, Florida
   12  Statutes, is amended to read:
   13         489.113 Qualifications for practice; restrictions.—
   14         (2) A person must be certified or registered in order to
   15  engage in the business of contracting in this state. However,
   16  for purposes of complying with the provisions of this chapter, a
   17  subcontractor who is not certified or registered may perform
   18  construction work under the supervision of a person who is
   19  certified or registered, provided that the work is within the
   20  scope of the supervising contractor’s license and, the
   21  supervising contractor is responsible for the work and is in
   22  full compliance with chapter 440 for all related insurance
   23  obligations of the subcontractor, and the subcontractor being
   24  supervised is not engaged in construction work that would
   25  require a license as a contractor under any of the categories
   26  listed in s. 489.105(3)(d)-(o). This subsection does not affect
   27  the application of any local construction licensing ordinances.
   28  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. This act shall take effect July 1, 2019.