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Florida Statute 489.105 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
F.S. 489.105
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 for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection. For the purposes of regulation under this part, the term “demolish” applies only to demolition of steel tanks more than 50 feet in height; towers more than 50 feet in height; other structures more than 50 feet in height; and all buildings or residences. Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)-(q):
(a) “General contractor” means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and who may perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113.
(b) “Building contractor” means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building.
(c) “Residential contractor” means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith.
(d) “Sheet metal contractor” means a contractor whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, if not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems, including the setting of air-handling equipment and reinforcement of same, the balancing of air-handling systems, and any duct cleaning and equipment sanitizing that requires at least a partial disassembling of the system.
(e) “Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, if not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. The scope of work of a roofing contractor also includes all of the following and any related work: skylights; required roof-deck attachments; any repair or replacement of wood roof sheathing or fascia as needed during roof repair or replacement; and the evaluation and enhancement of roof-to-wall connections for structures with wood roof decking as described in Section 706 of the Florida Building Code-Existing Building, provided that any enhancement, which was properly installed and inspected in accordance with the Office of Insurance Regulation uniform mitigation verification inspection form, the Florida Building Code, or project specific engineering that exceeds these requirements, is done in conjunction with a roof covering replacement or repair.
(f) “Class A air-conditioning contractor” means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system if such duct work is performed by the contractor as necessary to complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing that requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the line or load side of the dedicated existing electrical disconnect switch on single phase electrical systems; to repair or replace power wiring, disconnects, breakers, or fuses for dedicated HVAC circuits with proper use of a circuit breaker lock; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor also includes any excavation work incidental thereto, but does not include any work such as liquefied petroleum or natural gas fuel lines within buildings, except for disconnecting or reconnecting changeouts of liquefied petroleum or natural gas appliances within buildings; potable water lines or connections thereto; sanitary sewer lines; swimming pool piping and filters; or electrical power wiring. A Class A air-conditioning contractor may test and evaluate central air-conditioning, refrigeration, heating, and ventilating systems, including duct work; however, a mandatory licensing requirement is not established for the performance of these specific services.
(g) “Class B air-conditioning contractor” means a contractor whose services are limited to 25 tons of cooling and 500,000 Btu of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as necessary to complete an air-distribution system being installed under this classification, and any duct cleaning and equipment sanitizing that requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect, or reconnect power wiring on the line or load side of the dedicated existing electrical disconnect switch on single phase electrical systems; to repair or replace power wiring, disconnects, breakers, or fuses for dedicated HVAC circuits with proper use of a circuit breaker lock; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor also includes any excavation work incidental thereto, but does not include any work such as liquefied petroleum or natural gas fuel lines within buildings, except for disconnecting or reconnecting changeouts of liquefied petroleum or natural gas appliances within buildings; potable water lines or connections thereto; sanitary sewer lines; swimming pool piping and filters; or electrical power wiring. A Class B air-conditioning contractor may test and evaluate central air-conditioning, refrigeration, heating, and ventilating systems, including duct work; however, a mandatory licensing requirement is not established for the performance of these specific services.
(h) “Class C air-conditioning contractor” means a contractor whose business is limited to the servicing of air-conditioning, heating, or refrigeration systems, including any duct cleaning and equipment sanitizing that requires at least a partial disassembling of the system, and whose certification or registration, issued pursuant to this part, was valid on October 1, 1988. Only a person who was registered or certified as a Class C air-conditioning contractor as of October 1, 1988, shall be so registered or certified after October 1, 1988. However, the board shall continue to license and regulate those Class C air-conditioning contractors who held Class C licenses before October 1, 1988.
(i) “Mechanical contractor” means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system if such duct work is performed by the contractor as necessary to complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing that requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, liquefied petroleum gas lines within buildings, and natural gas fuel lines within buildings; to replace, disconnect, or reconnect power wiring on the line or load side of the dedicated existing electrical disconnect switch on single phase electrical systems; to repair or replace power wiring, disconnects, breakers, or fuses for dedicated HVAC circuits with proper use of a circuit breaker lock; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor also includes any excavation work incidental thereto, but does not include any work such as potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. A mechanical contractor may test and evaluate central air-conditioning, refrigeration, heating, and ventilating systems, including duct work; however, a mandatory licensing requirement is not established for the performance of these specific services.
(j) “Commercial pool/spa contractor” means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license is not required for the cleaning of the pool or spa in a way that does not affect the structural integrity of the pool or spa or its associated equipment.
(k) “Residential pool/spa contractor” means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of a residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license is not required for the cleaning of the pool or spa in a way that does not affect the structural integrity of the pool or spa or its associated equipment.
(l) “Swimming pool/spa servicing contractor” means a contractor whose scope of work involves, but is not limited to, the repair and servicing of a swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of repair or renovation. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license is not required for the cleaning of the pool or spa in a way that does not affect the structural integrity of the pool or spa or its associated equipment.
(m) “Plumbing contractor” means a contractor whose services are unlimited in the plumbing trade and includes contracting business consisting of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or, if not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, if not prohibited by law, design the following without obtaining an additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities, water and sewer plants and substations, venting systems, public or private water supply systems, septic tanks, drainage and supply wells, swimming pool piping, irrigation systems, and solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas, liquefied petroleum gas and related venting, and storm and sanitary sewer lines. The scope of work of the plumbing contractor also includes the design, if not prohibited by law, and installation, maintenance, repair, alteration, or extension of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers if authorized by law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in a manner that complies with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor applies to private property and public property, including any excavation work incidental thereto, and includes the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified as being the work of a trade other than that of a plumbing contractor. This definition does not limit the scope of work of any specialty contractor certified pursuant to s. 489.113(6) and does not require certification or registration under this part as a category I liquefied petroleum gas dealer, or category V LP gas installer, as defined in s. 527.01, who is licensed under chapter 527 or an authorized employee of a public natural gas utility or of a private natural gas utility regulated by the Public Service Commission when disconnecting and reconnecting water lines in the servicing or replacement of an existing water heater. A plumbing contractor may perform drain cleaning and clearing and install or repair rainwater catchment systems; however, a mandatory licensing requirement is not established for the performance of these specific services.
(n) “Underground utility and excavation contractor” means a contractor whose services are limited to the construction, installation, and repair, on public or private property, whether accomplished through open excavations or through other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, grouting, and slip lining, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. However, an underground utility and excavation contractor may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than 2 inches in diameter if each conduit system installed is designed by a licensed professional engineer or an authorized employee of a municipality, county, or public utility and the installation of such conduit does not include installation of any conductor wiring or connection to an energized electrical system. An underground utility and excavation contractor may not install piping that is an integral part of a fire protection system as defined in s. 633.102 beginning at the point where the piping is used exclusively for such system.
(o) “Solar contractor” means a contractor whose services consist of the installation, alteration, repair, maintenance, relocation, or replacement of solar panels for potable solar water heating systems, swimming pool solar heating systems, and photovoltaic systems and any appurtenances, apparatus, or equipment used in connection therewith, whether public, private, or otherwise, regardless of use. A contractor, certified or registered pursuant to this chapter, is not required to become a certified or registered solar contractor or to contract with a solar contractor in order to provide services enumerated in this paragraph that are within the scope of the services such contractors may render under this part.
(p) “Pollutant storage systems contractor” means a contractor whose services are limited to, and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, if not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of, pollutant storage tanks. Any person installing a pollutant storage tank shall perform such installation in accordance with the standards adopted pursuant to s. 376.303.
(q) “Specialty contractor” means a contractor whose scope of work and responsibility is limited to a particular phase of construction established in a category adopted by board rule and whose scope is limited to a subset of the activities described in one of the paragraphs of this subsection.
(4) “Primary qualifying agent” means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he or she is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.
(5) “Secondary qualifying agent” means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department.
(6) “Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term “contracting” shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, or to the individual or business entity that offers to sell or sells manufactured or factory-built buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences.
(7) “Certificate” means a certificate of competency issued by the department as provided in this part.
(8) “Certified contractor” means any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction.
(9) “Registration” means registration with the department as provided in this part.
(10) “Registered contractor” means any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. Registered contractors may contract only in such jurisdictions.
(11) “Certification” means the act of obtaining or holding a certificate of competency from the department as provided in this part.
(12) “Local construction regulation board” means a board, composed of not fewer than three residents of a county or municipality, which the governing body of that county or municipality may create and appoint to maintain the proper standard of construction of that county or municipality.
(13) “Business organization” means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section.
(14) “Financially responsible officer” means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibility for all financial aspects of the business organization.
(15) “Structural component” means any vertical or horizontal load-bearing member of a structure which supports dead or live loads in addition to its own weight and includes, but is not limited to, a foundation, an exterior or interior load-bearing wall, a column, a column beam, a floor, and a roof structure.
(16) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which is binding on the parties.
(17) “Pollutant storage tank” means a tank, together with associated piping or dispensing facilities, which is or could be used for the storage or supply of pollutants as defined in s. 376.301 and which is required to be registered under chapter 17-761, Florida Administrative Code.
(18) “Tank” means any container other than one which is aboveground and either elevated or situated upon an impermeable surface, or which is located in an accessible underground area and either elevated or situated upon an impermeable surface therein, in such manner that any leak in such container may be readily detected.
(19) “Initial issuance” means the first time a certificate or registration is granted to an individual or business organization, including the first time an individual becomes a qualifying agent for that business organization and the first time a business organization is qualified by that individual.
History.ss. 2, 17, ch. 79-200; ss. 1, 3, ch. 80-85; s. 367, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 28, 49, ch. 82-179; s. 1, ch. 83-140; s. 5, ch. 83-160; s. 1, ch. 85-290; ss. 27, 31, ch. 86-159; s. 6, ch. 87-374; ss. 3, 20, 21, ch. 88-156; s. 2, ch. 89-343; s. 30, ch. 89-374; ss. 33, 34, ch. 90-228; ss. 35, 66, ch. 91-137; s. 4, ch. 91-429; s. 1, ch. 92-55; s. 10, ch. 92-115; s. 57, ch. 92-149; s. 4, ch. 93-154; s. 2, ch. 93-166; s. 256, ch. 94-119; s. 184, ch. 94-218; s. 1, ch. 96-365; s. 1126, ch. 97-103; s. 8, ch. 98-170; ss. 23, 59, ch. 98-419; s. 33, ch. 2000-372; s. 6, ch. 2005-30; s. 4, ch. 2008-191; s. 30, ch. 2008-240; s. 26, ch. 2009-195; s. 14, ch. 2011-222; s. 9, ch. 2012-13; s. 15, ch. 2012-72; s. 144, ch. 2013-183; s. 3, ch. 2016-129; s. 57, ch. 2018-84; s. 11, ch. 2023-155; s. 1, ch. 2024-206; s. 1, ch. 2025-40.

F.S. 489.105 on Google Scholar

F.S. 489.105 on CourtListener

Amendments to 489.105


Annotations, Discussions, Cases:

Cases Citing Statute 489.105

Total Results: 56

Alles v. Dept. of Professional Regulation

423 So. 2d 624

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 545088

Cited 19 times | Published

contractor without being licensed by the Board. Section 489.105 defines "contractor" as "the person who is

Cepcot Corp. v. DEPARTMENT OF BUSINESS

658 So. 2d 1092, 1995 WL 407774

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 439464

Cited 13 times | Published

admits that a contractor's license, pursuant to section 489.105(3), Florida Statutes (1993), is needed to operate

Mivan (Fla.), Inc. v. Metric Constructors, Inc.

857 So. 2d 901, 2003 Fla. App. LEXIS 12837, 2003 WL 22023189

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1774224

Cited 9 times | Published

requirements. § 489.113(2), Fla. Stat. (1997); see also § 489.105(7)-(11), Fla. Stat. (1997). The specific certification

Anden v. Litinsky

472 So. 2d 825, 10 Fla. L. Weekly 1703

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 1793499

Cited 7 times | Published

influence, persuade or induce. Next, we consider section 489.105(3), Florida Statutes (1979), which defines

DEEP SOUTH SYSTEMS, INC. v. Heath

843 So. 2d 378, 2003 WL 2003552

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1670314

Cited 5 times | Published

would require a contractor's license under section 489.105(3)(e) is that of a "roofing contractor."[3]

State v. Summerlot

711 So. 2d 589, 1998 WL 186898

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1337181

Cited 4 times | Published

he was a certified contractor as defined by section 489.105(8), Florida Statutes (1991). With respect to

Gatwood v. McGee

475 So. 2d 720

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 1301801

Cited 4 times | Published

324 (1982). [2] "Contractor" is defined by Section 489.105(3), Florida Statutes (1979). [3] "Qualifying

Terranova v. State

474 So. 2d 1206, 10 Fla. L. Weekly 1818

District Court of Appeal of Florida | Filed: Jul 26, 1985 | Docket: 1486400

Cited 4 times | Published

capacity of a roofing contractor, as defined in F.S. § 489.105(3)(e). 3. In specific, the Court found that the

Sterner v. Phillips

721 So. 2d 450, 1998 WL 852980

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1322960

Cited 3 times | Published

definition of a "contractor" as defined in section 489.105, Florida Statutes (1995), and that he had been

O'Connor v. Dept. of Pro. Regulation, Const. Industry Licensing Bd.

566 So. 2d 549, 1990 Fla. App. LEXIS 5950, 1990 WL 114701

District Court of Appeal of Florida | Filed: Aug 10, 1990 | Docket: 547524

Cited 3 times | Published

provided in this act, as attested by the department. § 489.105(4), Fla. Stat. (1987). On June 27, 1987, Mr. O'Connor

FULL CIRCLE DAIRY LLC v. McKinney

467 F. Supp. 2d 1343, 2006 U.S. Dist. LEXIS 86645, 2006 WL 3469526

District Court, M.D. Florida | Filed: Nov 30, 2006 | Docket: 2287780

Cited 2 times | Published

shall not be considered unlicensed. Fla. Stat. § 489.105(3) sets forth the definition of "contractor" and

Kone, Inc. v. Robinson

937 So. 2d 238, 2006 WL 2527245

District Court of Appeal of Florida | Filed: Sep 5, 2006 | Docket: 459563

Cited 2 times | Published

shows that Kone is a general contractor. See § 489.105(3)(a), Fla. Stat. (1999) (defining "general contractor"

DeBiasi v. S & S BUILDERS, INC.

593 So. 2d 314, 1992 Fla. App. LEXIS 774, 1992 WL 16639

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 446631

Cited 2 times | Published

possess a certificate from the Department. See § 489.105(7), (8), (11), Fla. Stat. (1989). Thus, merely

Brock v. Garner Window & Door Sales, Inc.

187 So. 3d 294, 2016 WL 830452

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045487

Cited 1 times | Published

concluded Garner qualified as a contractor. See § 489.105(3), Fla. Stat. However, the trial court’s, reliance

Taylor Morrison Services, Inc. v. Ecos

163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929

District Court of Appeal of Florida | Filed: May 28, 2015 | Docket: 60247682

Cited 1 times | Published

section 489.128(1). Those terms are defined in section 489.105, Florida Statutes (2003), as follows: (4) “Primary

MMII, INC. v. Silvester

42 So. 3d 876, 2010 Fla. App. LEXIS 12171, 2010 WL 3239066

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148255

Cited 1 times | Published

105 and 489.505, Florida Statutes (2009). Section 489.105(3) reads: "`Contractor' means the person who

A-1 Quality Corp. v. Oak Park Terrace, Inc.

32 So. 3d 166, 2010 Fla. App. LEXIS 3822, 2010 WL 1050026

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 2578159

Cited 1 times | Published

because A-1 was an unlicensed contractor. See § 489.105(3), Fla. Stat. (2007) ("`Contractor' means ..

Essex Insurance v. Zota

607 F. Supp. 2d 1340, 2009 U.S. Dist. LEXIS 29108, 2009 WL 959917

District Court, S.D. Florida | Filed: Apr 8, 2009 | Docket: 2281562

Cited 1 times | Published

defined in paragraphs (d)-(q) ..." Fla. Stat. § 489.105(3); (Defendants' Motion for Summary Judgment,

Lake Eola Builders, LLC v. Metropolitan at Lake Eola, LLC

416 F. Supp. 2d 1316, 2006 U.S. Dist. LEXIS 9523, 2006 WL 449177

District Court, M.D. Florida | Filed: Feb 22, 2006 | Docket: 2344427

Cited 1 times | Published

this part, as attested by the department. Section 489.105(4). The second is a secondary qualifying agent

CAM Bradford Homes, LLC v. Wayne Arrants and Berkely Arrants

District Court of Appeal of Florida | Filed: Jun 20, 2025 | Docket: 70590496

Published

behalf of the business organization. See id. § 489.105(4)–(5). Notably, “[a] qualifying agent is a primary

People's Trust Insurance Company v. Abraham, Abraham

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186669

Published

of" the particular trades described by statute. § 489.105(3). The legislature has specifically enumerated

Palm Beach Resurfacing, Inc. v. Michelle Renee Floyd

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546095

Published

violations. 1. State Provisions Section 489.105(3), Florida Statutes (2018), defines who is

D Electrician Technical Services, Inc. v. Gregory Tony, as Sheriff of Broward County, Florida

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419600

Published

another statute within chapter 489, part I: section 489.105(3)(n), Florida Statutes (2019), which defines

Incident365 Florida, LLC v. Ocean Pointe v. Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69217904

Published

possess. The trial court noted that under section 489.105(3), “contractor” is defined as a (1) “person

David Llaurado v. Department of Business and Professional Regulation

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929433

Published

authorizing him or her to perform such activity[.]”); § 489.105(6), Fla. Stat. (2024) (“‘Contracting’ means .

David Llaurado v. Department of Business and Professional Regulation

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929433

Published

authorizing him or her to perform such activity[.]”); § 489.105(6), Fla. Stat. (2024) (“‘Contracting’ means .

MARLIN CONSTRUCTION GROUP, L L C v. KRIS BOLLINGER

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68083878

Published

to obtain state certification and licensure. § 489.105(3), Fla. Stat. (2020). The failure to obtain a

JOSE A. LOPEZ GUEVARA v. MARIE S. LAMOTHE

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068617

Published

cites to the definition of “contractor” in section 489.105(3)(c), Florida Statutes, which states, in

SG 2901, LLC v. COMPLIMENTI, INC.

District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025572

Published

Complimenti acted as a contractor, as defined in section 489.105(3), Florida Statutes (2020), which provides

Austin Building Co. v. Rago, Ltd.

63 So. 3d 31, 2011 Fla. App. LEXIS 5974

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 2364336

Published

. ." § 489.128(1)(a), Fla. Stat. (2009). Section 489.105, Florida Statutes, defines qualifying agents

Scherer v. Villas Del Verde Homeowners Ass'n

55 So. 3d 602, 2011 Fla. App. LEXIS 188, 2011 WL 148801

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 2408720

Published

the business. § 489.119(3)(c). As defined in section 489.105(4): "Primary qualifying agent" means a person

Boatwright Construction, LLC v. Tarr

958 So. 2d 1071, 2007 Fla. App. LEXIS 9274, 2007 WL 1712484

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 64851117

Published

injuries arising from construction, citing section 489.105(4), Florida Statutes (2000)). Furthermore,

Vetter v. Department of Business & Professional Regulation, Electrical Contractors' Licensing Board

920 So. 2d 44, 2005 Fla. App. LEXIS 19712, 2005 WL 3408050

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 64842128

Published

Professional Regulation. See § 489.513(3). Nowhere in section 489.105, which defines registration, or section 489

State v. Cook

905 So. 2d 1013, 2005 Fla. App. LEXIS 10138, 2005 WL 1539706

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 64839472

Published

and welfare. § 489.101, Fla. Stat. (2001). Section 489.105(3) defines contractor as follows: “Contractor”

Scott & Son Engineering, Inc. v. Tarafa Construction, Inc.

907 So. 2d 553, 2005 Fla. App. LEXIS 9695, 2005 WL 1458661

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 64839667

Published

work. However, “Con*554tractor” is defined in section 489.105(3), Florida Statutes (2003) as follows: “Contractor”

Island Club West Development, Inc. v. Mid-State Paving Co.

864 So. 2d 1191, 2004 Fla. App. LEXIS 64, 2004 WL 40545

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827840

Published

contractor as defined by the applicable statute. See § 489.105(3), Fla. Stat. (2000) (defining contractor as

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Florida Attorney General Reports | Filed: Mar 28, 2001 | Docket: 3258057

Published

work that otherwise requires licensure under section 489.105(3)(d)-(o), Florida Statutes. Section 489.117

ABD Const. Co. v. Diaz

712 So. 2d 1146, 1998 Fla. App. LEXIS 6617, 1998 WL 299894

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1737211

Published

has obtained the *1148 building permit, ..." § 489.105(4), Fla. Stat. (1989). There is no doubt that

Snowman v. Contractor's Examining Board

704 So. 2d 717, 1998 Fla. App. LEXIS 27, 1998 WL 2461

District Court of Appeal of Florida | Filed: Jan 7, 1998 | Docket: 64778369

Published

provided for a specific controlling definition in section 489.105(12) that a “ ‘[l]oeal construction regulation

Lewis v. State, Department of Business & Professional Regulation, Construction Industry Licensing Board

711 So. 2d 573, 1998 Fla. App. LEXIS 1, 1998 WL 21889

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 64781134

Published

managing and controlling construction activities. § 489.105(4), Fla. Stat. (Supp.1996). In mid 1995 Liberty

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Florida Attorney General Reports | Filed: Jun 25, 1996 | Docket: 3257074

Published

RAB/tjw 1 Section 489.105(3)(a), Fla. Stat. 2 Section 489.105(3)(b), Fla. Stat. 3 Section 489.105(3)(c),

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Florida Attorney General Reports | Filed: Oct 11, 1994 | Docket: 3255642

Published

contractor.4 A "[c]ontractor" is defined in section 489.105(3), Florida Statutes, as the person who is

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Florida Attorney General Reports | Filed: Sep 8, 1993 | Docket: 3258197

Published

may contract only in such jurisdictions." 6 Section 489.105(3)(d)-(o), F.S., define the following: sheet

Murthy v. N. Sinha Corp.

618 So. 2d 307, 1993 Fla. App. LEXIS 4943, 1993 WL 140140

District Court of Appeal of Florida | Filed: May 4, 1993 | Docket: 64696247

Published

the only way a company may be a contractor, § 489.105(3), Fla.Stat. (1991), is by obtaining an individual

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Florida Attorney General Reports | Filed: Mar 10, 1993 | Docket: 3255623

Published

F.S. (1992 Supp.). 6 Section 489.105(8), F.S. (1992 Supp.). 7 Section 489.105(10), F.S. (1992 Supp.)

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Florida Attorney General Reports | Filed: Oct 9, 1991 | Docket: 3258632

Published

inferred nor created absent express authority.3 Section 489.105(12), F.S. (1990 Supp.), provides that "[c]ategories

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Florida Attorney General Reports | Filed: Jan 7, 1991 | Docket: 3257584

Published

90-228, Laws of Florida 3 See, AGO 90-73. 4 Section 489.105(7), F.S., defines "Certificate" as "a certificate

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Florida Attorney General Reports | Filed: Sep 5, 1990 | Docket: 3256918

Published

in s. 775.082, s. 775.083, or s. 775.084. 9 Section 489.105(3), F.S. And see, s. 489.105(6), F.S., defining

Envirogenics Systems Co. v. City of Cape Coral

529 So. 2d 279, 13 Fla. L. Weekly 392, 1988 Fla. LEXIS 976, 1988 WL 65001

Supreme Court of Florida | Filed: Jun 16, 1988 | Docket: 64636303

Published

Subsection (1) exempts contractors as defined in section 489.105(3) from doing work on utilities. Subsection

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Florida Attorney General Reports | Filed: Mar 11, 1987 | Docket: 3257380

Published

estate, for others or for resale to others. Section 489.105(3), F.S. (1986 Supp.). And see, s. 489.105(a)-(c)

California Chemical Co. v. Department of Professional Regulation, Construction Industry Licensing Board

501 So. 2d 728, 12 Fla. L. Weekly 396, 1987 Fla. App. LEXIS 6561

District Court of Appeal of Florida | Filed: Jan 29, 1987 | Docket: 64624682

Published

not require that appellant be licensed under section 489.105(3), Florida Statutes (1985). REVERSED. SMITH

Messer v. Department of Labor & Employment Security

500 So. 2d 1372, 12 Fla. L. Weekly 278, 1987 Fla. App. LEXIS 6307

District Court of Appeal of Florida | Filed: Jan 15, 1987 | Docket: 64624367

Published

the job are independent contractors. See also § 489.-105(3), Fla.Stat. (1985) (“contractor” means the

State v. Bubsey

427 So. 2d 358, 1983 Fla. App. LEXIS 19139

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 64595302

Published

consisting of enrolling their names on a list (see Section 489.105, Florida Statutes). Neither the Board nor the

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Florida Attorney General Reports | Filed: Oct 12, 1982 | Docket: 3256584

Published

489, F.S., the Construction Practice Act. Section 489.105(3)(a), F.S., defines the term `general contractor'

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Florida Attorney General Reports | Filed: Sep 1, 1982 | Docket: 3257529

Published

is not certified by the State Fire Marshal. Section 489.105(3)(m), F.S., as amended by s 28, Ch. 82-179

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Florida Attorney General Reports | Filed: Jun 15, 1982 | Docket: 3258080

Published

he may do, except as provided in this act. Section 489.105(3)(a), F. S. A `building contractor' means