CopyCited 19 times | Published | Florida 5th District Court of Appeal
...An examination of the statutory scheme providing for qualifying agents shows that it was the legislative intent that such agents have the authority to, and do, supervise the project entered into under their name and by use of their contractor's license. Section 489.113, Fla....
0 red0 yellow8 green0 procedural
Cited as authorityUac (1995)phrase: "rule_authority"
Cited as authorityMurthy (1994)phrase: "rule_authority"
Cited as authorityMcDonald (1991)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 8339, 2001 WL 686416
...Bill Stroop Roofing, Inc. [Stroop], individually and on behalf of others similarly situated, has brought an action for declaratory decree and other relief, challenging a fee charged by Miami-Dade County, which fee Stroop contends is in violation of section 489.113(4)(a), Florida Statutes (1994)....
...ors to pay a forbidden "registration fee" (as well as the allowable fees for an occupational license and building permits) as a prerequisite to engaging in contracting in Miami-Dade. We agree with Stroop that this practice violates the provisions of section 489.113(4)(a)....
0 red0 yellow10 green0 procedural
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12837, 2003 WL 22023189
...cting business for which the qualifying agent is certified or registered. §
489.119(3)(a), Fla. Stat. (1997). Any person who wishes to engage in the business of contracting in Florida must comply with the certification or registration requirements. §
489.113(2), Fla. Stat. (1997); see also §
489.105(7)-(11), Fla. Stat. (1997). The specific certification or registration criteria are relative to whether a contractor wants to engage in contracting business statewide or in a localized area within the state. §
489.113(1), Fla....
0 red0 yellow4 green0 procedural
Cited as authorityWillingham (2006)phrase: "rule_authority"
Cited as authorityLemay (2006)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2003552
...re unenforceable. Because Quality was not a licensed contractor when it entered into the contracts, Deep South argues that the parties' contracts are unenforceable as a matter of law. Quality concedes that it was not licensed, but argues that, under section 489.113, Florida Statutes (2001), it was not required to have a license because it was working under the supervision of a licensed contractor. Section 489.113(2) provides that "[n]o person who is not certified or registered shall engage in the business of contracting." That section provides an exception when (1) the person is being supervised by someone who is certified or registered; (2) t...
...Florida Statutes (2001). One type of construction work that would require a contractor's license under section
489.105(3)(e) is that of a "roofing contractor." [3] Quality argues that it qualified for the exception to the licensing requirement under section
489.113(2) because its work was performed under the supervision of Deep South, which is a certified licensed roofing contractor....
...(3)(e), it was engaged in work that requires a license under that section. Accordingly, even if Quality was supervised by a certified licensed roofing contractor, Quality did not meet the criteria for the exception to the licensing requirement under section 489.113(2)....
...See §
489.111, Fla. Stat. (2001) (setting out the requirements of certification licensure); §
489.117, Fla. Stat. (2001) (setting out the requirements for registration licensure). A certified contractor may perform construction work anywhere in Florida, see §
489.113(1), Fla....
0 red1 yellow2 green0 procedural
Cited as authorityMcKinney (2006)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1703
...undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. Finally, section
489.113(2), Florida Statutes (1979), prohibits any person who is not licensed from engaging in the business of contracting in this state and section
489.127, Florida Statutes (1979), makes it a misdemeanor to engage in business or act as a contractor without being duly registered or certified....
0 red0 yellow1 green0 procedural
Cited as authorityGavin (1990)phrase: "rule_authority"
CopyCited 2 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 86645, 2006 WL 3469526
...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....
...While defendants were hired to entirely construct (and did construct significant portions of) the structural component [3] of the project, including the foundation, roofs and load bearing beams of the commodity barns, mechanic's shop, fuel depot, milking center and barns, see Fla. Stat. § 489.113(3)(a); (Doc....
...undertake significant construction projects in Florida simply by classifying themselves as "specialty contractors". Florida law does not permit this. See Fla. Stat. §§
455.201 &
489.101. B. Whether plaintiff "supervised" defendant under Fla. Stat.
489.113(2) Defendants assert that if the Court characterizes them as general or roofing contractors, they nevertheless were not required to hold a license because they worked under plaintiffs supervision. Fla. Stat. §
489.113(2) provides, in pertinent part: No person who is not certified or registered shall engage in the business of contracting in this state....
...Plaintiff was not "registered", "certified" or "licensed". [7] [8] Further, the Court's finding that defendants *1349 worked as roofing contractors, which is a category requiring licensure under §
489.105(3), precludes any claim that defendants were not required to be licensed under §
489.113(2)....
...construction of the roofs). IV. CONCLUSION For the foregoing reasons, this Court hereby holds: a. Defendants acted as roofing contractors under Fla. Stat. §
489.105(3)(e); b. Defendants were not supervised by a licensed contractor under Fla. Stat. §
489.113(2); c....
...See §
489.111, Fla. Stat. (2001) (setting out the requirements for certification licensure); §
489.117; Fla. Stat. (2001) (setting out the requirements for registration licensure). A certified contractor may perform construction work anywhere in Florida, see §
489.113(1), Fla....
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 18885, 2005 WL 3240037
...on a test, obtain approval of the St. Johns County Contractor Review Board, and pay a fee. During the 1993 Florida legislative session, chapter 93-154, Laws of Florida created two statutes that are relevant to the issue before this court. The first, section 489.113(2) provides: *1037 (2) No person who is not certified or registered shall engage in the business of contracting in this state....
...This subsection does not affect the application of any local construction licensing ordinances. Specialty contractors are not among those required to obtain registration or certification pursuant to sections
489.105(3)(d)-( o ) and the last sentence of section
489.113(2) that assures freedom of impact on local licensing is limited in application to that particular subsection. Although section
489.113(2) appears to encompass all contractors and does not specifically mention specialty contractors, the second statute, section
489.117(4)(e), commonly referred to as the Jim Walter Exemption, specifically applies to specialty contractor...
...emodeling, repair, or improvement of single-family residences without obtaining a local professional license if such person is under the supervision of a certified or registered general, building, or residential contractor. We conclude that although section
489.113(2) provides the general authority for a county to impose local licensing requirements for specialty contractors who are not certified by the state, section
489.117(4)(e) provides a very narrow exception to that authority by exempting a certain limited class of un-licensed workers who are otherwise capable of providing specialty contracting services. Because section
489.117(4)(e) follows section
489.113(2) in chapter 93-154 and is more specific regarding licensing requirements for workers performing specialty contracting services, section
489.117(4)(e) controls....
...icense requirements on all non-certified construction workers performing work in the County. As a preliminary matter section
489.117(4)(e) also follows section
489.131(4) in point of order *1038 and our foregoing reconciliation of
489.117(4)(e) with section
489.113(2) is also applicable to
489.131(4)....
...However, when the statute is read in conjunction with other sections of the chapter, its purpose becomes considerably more clear allowing us to resolve what would at first appear to be a conflict with the exemption provided by
489.117(4)(e). For example, section
489.113 places restrictions on the type of work that may be performed by contractors and lists specific types of construction work that must be subcontracted to a specialist....
...It appears more likely to us that unlike
489.117(4)(e) the absence of any specific reference to licenses indicates that
489.131(4) was enacted to permit a county to maintain control over the type of work that may be performed by specialty contractors, and is not in conflict with
489.117(4)(e). We find that sections
489.113(2) and
489.131(4) do not eliminate the
489.117(4)(e) limited exemption from local licensing, and the portion of the County's ordinance requiring all non-certified contractors to obtain a local license conflicts with state law....
CopyCited 1 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 9523, 2006 WL 449177
...ate his or her qualifications to receive either a certificate of competency, which allows contracting statewide, or register with the Department of Business and Professional Regulation ("DBPR"), which allows contracting in a particular jurisdiction. Section 489.113(1)....
CopyCited 1 times | Florida 1st District Court of Appeal
...administrative rule addresses certification standards for pool-
related contractors. Fla. Admin. Code R. 61G4-15.032. Florida law
requires both structural and non-structural swimming pool work
to be completed by a contractor unless it is exempt for the reasons
discussed above. § 489.113(3)(c), Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
certified or registered contractors? In sum: Section
489.113, F.S., as amended by s. 8, Ch. 93-166, Laws
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...Primary responsibility for the discipline of certified contractors is vested in the Construction Industry Licensing Board, pursuant to s.
489.129 , F.S. However, local governments have certain specified powers for disciplining such contractors pursuant to ss.
489.113 (4), and
489.127 , F.S....
...red by the registration. 4 Part I, Chapter 489 , F.S., represents the legislative scheme for protecting the public health, safety, and welfare, by regulating the construction industry through the Construction Industry Licensing Board. 5 Question One Section 489.113 (4), F.S., provides in part that: [A] local construction regulation board may deny the issuance of a building permit to a certified contractor, or issue a permit with specific conditions, if the local construction regulation board has...
...11 Thus, local governments may legislate in this area. 12 Therefore, the employees of a registered or certified contractor are not exempted from local regulation by the provisions of Part I, Ch. 489 , F.S. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Sections
489.113 and
489.115 , F.S. 2 Section
489.113 (1), F.S. 3 Section
489.113 (4), F.S....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
operation all things not expressly mentioned). 4 Section
489.113(6), F.S. (1990 Supp.). Cf., AGO 79-90 (electrical
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 17022, 2005 WL 2806237
...y or funds. 1 The OCB concluded that Strickland violated section 9 of the Orange County Code through financial irresponsibility and/or diversion of property or funds received pursuant to contracted work and that the violation constituted fraud under section 489.113(4)(b), Florida Statutes (2003)....
...and was not given an opportunity to respond. The circuit court agreed with Strickland and found that OCB failed to notify the Department of Business and Professional Regulation of any action against Strickland *720 within fifteen days as required by section 489.113....
...rtin Daytona Corp. v. Strickland Construction Services,
881 So.2d 686 (Fla. 5th DCA 2004). This court held that failure to register a fictitious name does not invalidate the underlying contract under section
489.128(l)(b), Florida Statutes (2003). . Section
489.113 specifies the qualifications of a statewide contractor and section
489.113(4)(b) authorizes a local board to deny, suspend or revoke the ability of a contractor to obtain building permits if that board has found the contractor guilty of fraud or willful building code violations within the board’s county.
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
permission of the licenseholder.5 Moreover, section
489.113(2), Florida Statutes, provides that "a person
CopyPublished | Florida 2nd District Court of Appeal
executing the Work Authorization would violate section
489.113, Florida Statutes (2021), which governs contractor
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
residential or commercial building construction.11 Section
489.113(2), Florida Statutes, states that "[n]o person
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
not be resolved by this office. Question One Section
489.113(2), Florida Statutes, states: "No person who
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19139
...on a list (see Section
489.105, Florida Statutes). Neither the Board nor the Department evaluates the qualifications of the local applicant, nor must he pass any kind of State examination in contrast to an applicant who wishes to operate state-wide. Section
489.113 states: (1) Any person who desires to engage in contracting on a state-wide basis shall, as a prerequisite thereto, establish his competency and qualifications to be certified pursuant to this act....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...stable, or short-lived products or services." Part I of Ch. 489 , F.S. (1986 Supp.), regulates the construction industry by requiring contractors to be licensed by the Department of Professional Regulation as a prerequisite to practicing in Florida. Section 489.113 (2), F.S. (1986 Supp.). To be licensed a person must be either certified as a contractor or registered as a contractor. Section 489.113 (1), F.S....
...actor (who may engage in contracting on a statewide basis) must establish his competency and other qualifications for certification, which requires the passing of the appropriate examination administered by the Department of Professional Regulation. Section 489.113 (1), F.S. (1986 Supp.). Compare, the requirements in s. 489.113 (1), supra, regarding a certified contractor, to those imposed on a registered contractor (who may engage in contracting only in the counties, municipalities, or development districts where he or she has complied with local licensing requirements and only for the type of work covered by the registration) by s....
...f the board. . . ." See, Rule 21E-15.003, F.A.C., which sets forth the amount of liability and property damage insurance required by the board as a prerequisite to the issuance or renewal of specific contractors' certificates. As provided in part by s. 489.113 (4), F.S....
...antee of reparation for such damage. The requirement contained in s.
489.115 (4), supra, that an applicant submit evidence of public liability insurance and property damage insurance as a prerequisite to certification when read with the provision of s.
489.113 (4), supra, that "[w]hen a certificateholder desires to engage in contracting in any area of the state, [the certified contractor] shall be required only to exhibit ....
...iscriminatory regulatory ordinance, these requirements may be imposed on registered contractors as prerequisites to the issuance of a local regulatory license or certificate of competency; and AGO 70-48. Cf., AGO 73-27 ("The language of [what is now s. 489.113 (4)] makes it abundantly clear that the Legislature intended that the presentment of a certificate issued by the board accompanied by the proper fee for the occupational license and permit would be the only additional requirement for engaging in business in any part of the state")....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
residential contractors with respect to roofing. Section
489.113(3), Florida Statutes 1981, at that time permitted
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
opinion on the following questions: 1. DOES SECTION
489.113(3), FLORIDA STATUTES, AUTHORIZE A GENERAL CONTRACTOR
CopyPublished | Florida 2nd District Court of Appeal
...2d at 659 (affirming writ of mandamus that compelled
performance of a ministerial funding obligation under chapter 394,
Florida Statutes (1977)); Bill Stroop Roofing,
788 So. 2d at 366–68
(reversing the trial court's application of sovereign immunity to a "direct
legislative mandate" set forth in section
489.113(4)(a), Florida Statutes
19
(1994)); see also Arnold v....
CopyPublished | Florida 2nd District Court of Appeal
...2d at 659 (affirming writ of mandamus that compelled
performance of a ministerial funding obligation under chapter 394,
Florida Statutes (1977)); Bill Stroop Roofing,
788 So. 2d at 366–68
(reversing the trial court's application of sovereign immunity to a "direct
legislative mandate" set forth in section
489.113(4)(a), Florida Statutes
19
(1994)); see also Arnold v....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 27, 1998 WL 2461
...over certified contractors.” The Examining Board concurs that it has no disciplinary authority over Snowman, but contends that it has the “nondisciplinary” authority to deny the issuance of, or suspend, building permits pursuant to subsections 489.113(4)(b) and (e), Florida Statutes (1995): “(b) Notwithstanding the provisions of paragraph (a), a local construction regulation board may deny the issuance of a building permit to a certified contractor, or issue a permit with specific condit...
...ze a local construction regulation board to deny or suspend a permit under certain circumstances, the Examining Board is not a local construction regulation board, thus it is not so authorized. 1 We agree with Snowman’s contention that subsections 489.113(4)(b) and (c) authorize only a local construction regulation board to deny or suspend a building permit and that the Examining Board is not such a board. First, although subsection 489.113(4)(b) specifically refers to a “local construction regulation board” whereas subsection 489.113(4)(e) refers to a “local government,” the language following the latter reference makes it clear that the subsection relates back to subsection (4)(b). We conclude therefore that a “local construction regulation board” is the local governmental entity intended to carry out section 489.113(4)(c) as well as (4)(b)....
...“ (emphasis supplied) Notwithstanding that subsection (a) purports .to delegate the power to revoke, suspend or condition the “permit-pulling privileges of state certified contractors,” the Monroe County Commission cannot authorize such unless the examining board is a local construction regulation board as intended by section 489.113(4)(b), Florida Statutes....
...agency established for that purpose. §§
553.71(5),
553.73(1), Fla. Stat. (1995). It is thus the Monroe County Board of Adjustment and Appeals (and not the Examining Board) that is the local construction regulation board referred to in subsections
489.113(4)(b) and (4)(e), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...of a contractor whether said contractor is state certified or registered. 1 Your question is whether the local authority can mandate the use of such licensed individuals by state certified contractors in light of the provisions of ss.
489.129 2 and
489.113 (4), F.S. Section
489.129 , F.S., vests in the State Construction Industry Licensing Board exclusive authority to discipline state certified contractors by way of fine, reprimand, probation, or the suspension and revocation of the state issued license. 3 Section
489.113 (4), F.S., in part, states: When a certificateholder desires to engage in contracting in any area of the state, as a prerequisite therefor, he shall be required only to exhibit to the local building official, tax collector, or other p...
...a state certified contractor prior to the issuance of a building permit are proof of certification and the payment of the appropriate fees. Other conditions for issuance of a permit to a state certified contractor are prohibited with two exceptions. Section 489.113 (4), F.S., reveals that a local authority may deny the issuance of a building permit to a certified contractor, or issue a permit with specific conditions, if the local construction regulation board has found such contractor, through...
...489.129 , F.S., against a state certified contractor. 5 Nevertheless, local authorities may refuse to issue building permits tho those state certified contractors who are found to have willfully committed a building code violation or have engaged in fraud pursuant to s. 489.113 (4), F.S....
CopyPublished | Florida 4th District Court of Appeal
...The issue in this case involves the interpretation of an insurance
contract, which is a question of law subject to de novo review. See Wash.
Nat’l Ins. Corp. v. Ruderman,
117 So. 3d 943, 948 (Fla. 2013).
People’s Trust argues that the policy’s language in conjunction with
section
489.113(3), Florida Statutes (2016), governing general contractors,
requires that RRT be allowed to subcontract the roofing repairs for which
it is unlicensed.
The insured argues that the policy unambiguously gives People’s Trust
two op...
...Such parties reasonably would
include subcontractors, as would the reference in the policy to the plural
“contractors.”
Furthermore, application of existing law shows that a general
contractor is not only authorized, but required, to use subcontractors
properly licensed for the work to be performed. Section 489.113, Florida
Statutes (2016), covering the requirements for general contractors in the
state, provides:
(3) A contractor shall subcontract all electrical, mechanical,
plumbing, roofing, ....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 9282, 1997 WL 473913
...iction by municipal or county charter or ordinance.” This provision would be of little purpose and effect if ordinances like section 10-3(a) could be enforced against such a supplier or contractor. 1 Certiorari denied. . We do not consider whether section 489.113(1), Florida Statutes could be enforced against the respondent by the Department of Business and Professional Regulation.
CopyPublished | Florida 1st District Court of Appeal
...3d
DCA 2001), as a case where the court allowed a declaratory
judgment claim to proceed against the government under similar
circumstances. Bill Stroop Roofing, Inc. brought an action for
“declaratory decree and other relief,” contending that the County
charged state-certified contractors a fee in violation of section
489.113(4)(a), Florida Statutes....
