The 2023 Florida Statutes
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Similar to the statutory scheme regulating Florida realtors, there is also a statutory scheme regulating the Florida construction industry. See Fla. Stat. § 489.101 et seq. In a well-reasoned opinion, the court in In re Edgewater By The Bay, LLLP, 419 B.R. 511, 514 (Bankr. S.D. Fla. 2009) was required to analyze whether several construction-related statutory and ordinance violations qualified as a basis for FDUTPA claims. After a detailed look at the caselaw definitions of "unfair" and "deceptive," and other guiding principles related to whether statutes qualify as predicates for FDUTPA claims, the court held that the alleged violations did not proscribe unfair trade practices or unfair methods of competition under section 501.203(3)(c):Florida's Legislature deems it necessary for the public health, safety, and welfare of its citizens to regulate the construction industry. See § 489.101, Fla. Stat. To that end, the State has implemented professional licensing requirements to operate as a contractor in Florida. See § 489.113(1), Fla. Stat. (requiring certification to engage in contracting on a statewide basis or registration to engage in contracting "on other than a statewide basis"). The Department oversees these licensing requirements, see id. § 489.111(1) ("Any person who desires to be certified shall apply to the department in writing."), and enforces its regulations by issuing cease and desist orders and instituting disciplinary proceedings against licensed contractors, see e.g. , §§ 489.113(2)(a) & (4)(d), Fla. Stat. Disciplinary penalties can include administrative fines, reprimands, probation, suspension, and revocation of a licensed contractor's certification or registration. § 489.129(1), Fla. Stat.Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat. (2005). The statute addressing the enforceability of a construction contract with an unlicensed contractor provides in pertinent part: “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 in equity by the unlicensed contractor.” § 489.128(1), Fla. Stat. (2005). The statute plainly applies to all contracts with unlicensed contractors—whether the other party is a lay person or a licensed contractor—and places the onus for unlicensed contracting on the unlicensed contractor. This statute, however, has not always so provided.2. See §§ 489.101, 489.105(8), 489.105(10), 489.113(1), Fla. Stat. (2011); Alles v. Dep't of Prof'l Reg., Constr. Indus. Lic. Bd., 423 So.2d 624, 627 (Fla. 5th DCA 1982).Building construction standards are established by chapter 553, which adopts the building codes that govern most construction in Florida. Qualifying agents, on the other hand, are a product of chapter 489, Florida Statutes (2002), which regulates the construction industry as a matter of "public health, safety, and welfare." § 489.101. Any business entity that seeks a certificate of authority to engage in contracting must name a qualifying agent. § 489.119(2). The Construction Industry Licensing Board then investigates the "financial responsibility, credit, and business reputation of the qualifying agent and the new business organization" before the Department of Business and Professional Regulation issues a certificate of authority to the business. § 489.119(3)(c). As defined in section 489.105(4):Under Section 489.115(1), Fla. Stat., "[n]o person may engage in the business of contracting in [Florida] without first being certified or registered. . . ." Moreover, "[a]s a prerequisite to the initial issuance or the renewal of a certificate or registration, the applicant shall submit an affidavit . . . attesting to the fact that the applicant has obtained . . . property damage insurance for the safety and welfare of the public. . . ." Fla. Stat. § 489.115(5)(a). As the Florida legislature explained, "The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction injury." Fla. Stat. § 489.101. Thus, it is clear that Florida requires contractors such as First State to procure property damage insurance "for the safety and welfare of the public," not for the safety and welfare of the contractor, although that may certainly be a collateral effect of such a requirement.Florida's comprehensive regulation of the licensing of building contractors and building construction standards reflect a clear public policy to protect purchasers of residential homes from personal injuries caused by improper construction practices. Section 489.101 provides that the Legislature "deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry." The Legislature has further found that a contractor's accountability for work performed is essential to the protection of the public. § 553.781(1), Fla. Stat. (2003). To permit builders of residential homes to absolve themselves from liability for personal injury caused by their negligent acts would undermine the Legislature's intent to protect the public from unsafe construction practices.Whether the Florida Legislature articulates sufficient findings relating to § 489.128(1)'s proscription of equitable claims to satisfy the "overpowering public necessity" prong of Kluger presents a difficult question. While the Legislature made no additional contemporaneous legislative findings with the passage of the 1993 and 2003 amendments to § 489.128(1) proscribing equitable claims by unlicensed contractors, this Court finds persuasive the argument that §§ 455.201 and 489.101, when read together, satisfy the "overpowering public necessity" prong ofKluger. Sections 455.201 and 489.101 codify the Legislature's purpose in regulating professions in the State of Florida (of which the construction industry is one) and iterate that the Legislature finds it necessary in the interests of public health, safety and welfare to regulate the construction industry. Reading these statutes together, it is apparent that the Florida Legislature is ardently concerned about the injurious effect that unlicensed contracting could have on the citizens of Florida. Though this Court knows of no "magic words" that meet the "overpowering public necessity" test in Kluger, the… Chapter 489, part I, regulates construction contracting in the interest of the public health, safety, and welfare. § 489.101, Fla. Stat. (2001). Section 489.105(3) defines contractor as follows:Application of the first inquiry to the 2000 version of section 489.128 leads to the inescapable conclusion that there is no clear evidence that the Legislature intended the statute to be applied retroactively. Promontory's reliance on the preamble statement found in section 489.101, Florida Statutes (2000), is misplaced. Promontory contends that the legislative declaration that it was "necessary in the interest of the public health, safety, and welfare to regulate the construction industry" is evidence of legislative intent that the 2000 amendment to section 489.128 be applied retroactively. § 489.101, Fla. Stat. (2000). We disagree. This same provision also appears in section 489.128 of the 1999 statutes, and the 1999 version clearly allows an unlicensed contractor to cure his or her status. The Legislature knew the meaning of the clear and unambiguous language that establishes the cure provision of the statute. We therefore find this argument unavailing.. . . .” § 489.101, Fla. Stat. (2005). . . .
. . . See §§ 489.101, 489.105(8), 489.105(10), 489.113(1), Fla. Stat. (2011); Alles v. . . .
. . . Liability Company Act (2006) promulgated by the American Law Institute, now codified at Iowa Code § 489.101 . . .
. . . .” § 489.101. . . .
. . . . § 489.101. . . .
. . . . § 489.101). . . .
. . . Section 489.101 provides that the Legislature “deems it necessary in the interest of the public health . . .
. . . . §§ 455.201 & 489.101. B. Whether plaintiff “supervised” defendant under Fla. . . . Sections 455.201 and 489.101, Florida Statutes, set forth the legislative intent for the regulation of . . . Stat. § 489.101 provides, “[t]he Legislature deems it necessary in the interest of the public health, . . . Sections 455.201 and 489.101 codify the Legislature’s purpose in regulating professions in the State . . . Stat. §§ 455.201 and 489.101 are sufficient. . . .
. . . . § 489.101, Fla. Stat. (2001). . . .
. . . Promontory’s reliance on the preamble statement found in section 489.101, Florida Statutes (2000), is . . . evidence of legislative intent that the 2000 amendment to section 489.128 be applied retroactively. § 489.101 . . .
. . . .” § 489.101, Fla. Stat. (1997). . . .
. . . See § 489.101 (“The Legislature deems it necessary in the interest of the public health, safety, and . . .
. . . Section 489.101 describes the purpose of chapter 489 as follows: The Legislature recognizes that the . . .
. . . contractor obtains or reinstates his license the provisions of this section shall no longer apply. . 489.101 . . .
. . . . §§ 489.101 and 489.501; Broward County Code § 9-2. . . .
. . . Section 489.101, Florida Statutes (1983). . . .
. . . .” § 489.101, Fla.Stat. (1979). . . .