Chapter 489 Contracting
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;...
- §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...
- §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...
- §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....
- §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...
- §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...
- §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 in the state shall be registered in the proper classification, unless he or she is certified....
- §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...
- §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;...
- §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...
- §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)....
- §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...
- §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...
- §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 performance savings contracting.
(1) SHORT TITLE.--This section may be cited as the "Guaranteed Energy Performance Savings Contracting Act." (2) LEGISLATIVE FINDINGS.--The Legislature finds that investment in energy conservation measures in...
- §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,...
Part II - Electrical And Alarm System Contracting (ss. 489.501-489.538)
- §489.501 Purpose.
The Legislature deems it necessary in the interest of public health, safety, and welfare to regulate the electrical and alarm system contractors in this state....
- §489.503 Exemptions.
This part does not apply to: (1) Any employee of a certificateholder, registrant, or business organization authorized to engage in contracting who is acting within the...
- §489.505 Definitions.
As used in this part: (1) "Alarm system" means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary,...
- §489.507 Electrical Contractors' Licensing Board.
(1) There is created in the department the Electrical Contractors' Licensing Board. The board shall consist of 11 members, 7 of whom shall be certified electrical...
- §489.509 Fees.
(1) The board, by rule, shall establish fees to be paid for applications, examination, reexamination, transfers, licensing and renewal, reinstatement, and recordmaking and recordkeeping. The examination...
- §489.510 Evidence of workers' compensation coverage.
Except as provided in s. 489.515(3)(b), any person, business organization, or qualifying agent engaged in the business of contracting in this state and certified or...
- §489.511 Certification; application; examinations; endorsement.
(1) Any person desiring to be certified as a contractor shall apply to the department in writing to take the certification examination. (2)(a) A person shall be...
- §489.513 Registration; application; requirements.
(1) Any person engaged in the business of contracting in the state shall be registered in the proper classification unless he or she is certified. Any...
- §489.514 Certification for registered contractors; grandfathering provisions.
(1) The board shall, upon receipt of a completed application, appropriate fee, and proof of compliance with the provisions of this section, issue: (a) To an applying...
- §489.515 Issuance of certificates; registrations.
(1)(a) The department shall issue a certificate to a person who the board certifies is qualified to become a certified contractor. (b) The board shall certify as...
- §489.516 Qualifications to practice; restrictions; prerequisites.
(1) Any person who desires to engage in electrical or alarm system contracting on a statewide basis shall, as a prerequisite thereto, establish his or her...
- §489.517 Renewal of certificate or registration; continuing education.
(1) The department shall renew a certificate or registration upon receipt of the renewal application and fee and proof of meeting all continuing education requirements. (2) The...
- §489.518 Alarm system agents.
(1) A licensed electrical or alarm system contractor may not employ a person to perform the duties of a burglar alarm system agent unless the person:...
- §489.5185 Fire alarm system agents.
(1) A certified unlimited electrical contractor or licensed fire alarm contractor may not employ a person to perform the duties of a fire alarm system agent...
- §489.519 Inactive status.
(1) A certificate or registration that has become inactive may be reactivated under s. 489.517 upon application to the department. The board may prescribe, by rule,...
- §489.520 Automated licensure status information system.
By January 1, 1995, the department shall implement an automated licensure status information system for electrical and alarm system contracting. The system shall provide instant...
- §489.521 Business organizations; qualifying agents.
(1) If an individual proposes to engage in contracting as a sole proprietorship, certification shall be issued in the name of that individual. If a fictitious...
- §489.522 Qualifying agents; responsibilities.
(1)(a) A qualifying agent is a primary qualifying agent unless he or she is a secondary qualifying agent under this section. All primary qualifying agents for...
- §489.523 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....
- §489.525 Report to local building officials.
The department may report to all building officials the contents of this part and the contents of the rules of the board. Any information that...
- §489.529 Alarm verification calls required.
All residential or commercial intrusion/burglary alarms that have central monitoring must have a central monitoring verification call made to the premises generating the alarm signal,...
- §489.530 Audible alarms.
Every audible alarm system installed by a licensed contractor shall have a device to automatically terminate the audible signal within 15 minutes of activation. A...
- §489.531 Prohibitions; penalties.
(1) A person may not: (a) Practice contracting unless the person is certified or registered; (b) Use the name or title "electrical contractor" or "alarm system contractor" or...
- §489.5315 Proprietary electrical or alarm contractors.
Businesses that obtain an electrical or burglar alarm system license to work only on their own equipment, and that do not offer electrical or alarm...
- §489.532 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...
- §489.533 Disciplinary proceedings.
(1) The following acts shall constitute grounds for disciplinary actions as provided in subsection (2): (a) Failure to comply with any provision of chapter 455. (b) Attempting to...
- §489.5335 Journeyman; reciprocity; standards.
(1) An individual who holds a valid, active journeyman license in the electrical trade issued by any county or municipality in this state may work as...
- §489.537 Application of this part.
(1) This part applies to any contractor performing work for the state or any county or municipality. (2)(a) The scope of electrical contracting shall apply to private...
- §489.538 Authority of licensed job scope.
A licensee under this part need not have a license under part I to perform work within the scope of his or her license under...
Part III - Septic Tank Contracting (ss. 489.551-489.558)
- §489.551 Definitions.
As used in this part: (1) "Department" means the Department of Health. (2) "Master septic tank contractor" means a septic tank contractor whose services are unlimited in...
- §489.552 Registration required.
A person shall not hold himself or herself out as a septic tank contractor or a master septic tank contractor in this state unless he...
- §489.553 Administration of part; registration qualifications; examination.
(1) Each person desiring to be registered pursuant to this part shall apply to the department in writing upon forms prepared and furnished by the department....
- §489.554 Registration renewal.
(1) The department shall prescribe by rule the method for approving continuing education courses, for renewing annual registration, for approving inactive status for the late filing...
- §489.555 Certification of partnerships and corporations.
(1) The practice of or the offer to practice septic tank contracting services by registrants through a parent corporation, corporation, subsidiary of a corporation, or partnership...
- §489.556 Suspension or revocation of registration.
A certificate of registration may be suspended or revoked upon a showing that the registrant has: (1) Violated any provision of this part. (2) Violated any lawful...
- §489.557 Fees, establishment.
(1) The department shall, by rule, establish fees as follows: (a) For septic tank contractor registration: 1. Application and examination fee: not less than $25 or more than...
- §489.558 Penalties and prohibitions.
(1) Any person who violates any provision of this part commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083....
