The 2023 Florida Statutes
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:
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.
perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113." Fla. Stat. § (3)(a); (Defendants' Motion for Summary Judgment, DE 188, p. 17.) 5. "`Building contractor'
Plaintiff initiated this cause of action under 42 U.S.C. §§ 1983, 1984, and 1985, alleging violations of his right to equal protection under the Fourteenth Amendment. The action has its origins in a state criminal proceeding initiated September 22, 2000, charging Plaintiff for contracting to perform painting for the victim, Frank Sanna, without having complied with Florida law governing the certification, licensing, and registration requirements for specialty contractors working within the state.See Fla. Stat. §§ 489.113; 489.117; and 489.131.
ECI argues that Third Party Plaintiffs are not licensed contractors. For that reason, ECI contends that the Third Party Plaintiffs are precluded from bringing this action. Specifically, ECI argues that the joint venture, of which Third Party Plaintiffs were members, never obtained a license. In support of its arguments, ECI cites to multiple sections of Chapter 489, Florida Statutes, which govern "the licensing, registration and certification of construction contractors." Lake Eola Builders, L.L.C. v. Metro. at Lake Eola, L.L.C., 416 F. Supp. 2d 1316 (M.D. Fla. 2006). Specifically, ECI referenced § 489.113(1), § 489.119(2)(c), and § 489.128(1). Taken together, ECI argues that these statutes preclude Third Party Plaintiffs from maintaining their action against ECI, as the Third Party Plaintiffs were not properly licensed.
Chapter 489, Florida Statutes, governs the licensing, registration, and certification of construction contractors. Pursuant to that chapter, an individual who wishes to engage in construction contracting must pass an examination and otherwise demonstrate 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). A business organization, such as LEB, that wishes to engage in construction contracting must apply for a certificate of authority to do so through a "qualifying agent". Section 489.119(2). A qualifying agent must be, among other requirements, a certified or registered contractor. Section 489.119(3)(a). For a business organization to receive a certificate of authority, it must designate a primary qualifying agent who has final approval authority for all construction work performed by the organization. Section 489.119(2)(a)(1).
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. See Maggio v. Florida Dept. of Labor and Employment Security, 899 So.2d 1074 (Fla. 2005) (noting that a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms); S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004) (noting that if statutes are inconsistent or conflict, the last expression of legislative intent, in point of time or order, prevails); see also Op. Atty. Gen., 2001-25, March 28, 2001 (finding that pursuant to section 489.117(4)(e) a county may not require local…
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.
. . . perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113 . . .
. . . perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113 . . . Stat. § 489.113(3)(a); (Doc. 69, Stip. at ¶¶ 5-6, 16), there is nothing in the stipulation or otherwise . . . Stat. § 489.113(2) provides, in pertinent part: No person who is not certified or registered shall engage . . . Stat. § 489.113(2); c. Fla. . . . A certified contractor may perform construction work anywhere in Florida, see § 489.113(1), Fla. . . .
. . . Section 489.113(1). . . .
. . . The first, section 489.113(2) provides: (2) No person who is not certified or registered' shall engage . . . We conclude that although section 489.113(2) provides the general authority for a county to impose local . . . Because section 489.117(4)(e) follows section 489.113(2) in chapter 93-154 and is more specific regarding . . . For example, section 489.113 places restrictions on the type of work that may be performed‘by contractors . . . We find that sections 489.113(2) and 489.131(4) do not eliminate the 489.117(4)(e) limited exemption . . .
. . . or funds received pursuant to contracted work and that the violation constituted fraud under section 489.113 . . . Professional Regulation of any action against Strickland within fifteen days as required by section 489.113 . . . Section 489.113 specifies the qualifications of a statewide contractor and section 489.113(4)(b) authorizes . . . Professional Regulation of the suspension within fifteen days of the action, as required by section 489.113 . . .
. . . Quality concedes that it was not licensed, but argues that, under section 489.113, Florida Statutes ( . . . Section 489.113(2) provides that “[n]o person who is not certified or registered shall engage in the . . . Quality argues that it qualified for the exception to the licensing requirement under section 489.113 . . . contractor, Quality did not meet the criteria for the exception to the licensing requirement under section 489.113 . . . A certified contractor may perform construction work anywhere in Florida, see § 489.113(1), Fla. . . .
. . . challenging a fee charged by Miami-Dade County, which fee Stroop contends is in violation of section 489.113 . . . We agree with Stroop that this practice violates the provisions of section 489.113(4)(a). . . .
. . . We agree with Snowman’s contention that subsections 489.113(4)(b) and (c) authorize only a local construction . . . 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 . . . local construction regulation board” is the local governmental entity intended to carry out section 489.113 . . . not the Examining Board) that is the local construction regulation board referred to in subsections 489.113 . . .
. . . We do not consider whether section 489.113(1), Florida Statutes could be enforced against the respondent . . .
. . . one of statutory construction, and the court, agreeing with the Board, construed sections 489.105, 489.113 . . .
. . . Neither Kobylinski nor KMK were entitled to engage in contracting or act as a contractor under Sections 489.113 . . .
. . . Finally, section 489.113(2), Florida Statutes (1979), prohibits any person who is not licensed from engaging . . .
. . . Section 489.113 states: (1) Any person who desires to engage in contracting on a state-wide basis shall . . .
. . . Section 489.113, Fla.Stat. (1979), prohibits any person from acting as a contractor without being licensed . . .