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 be certified pursuant to this part. To establish competency, a person shall pass the appropriate examination approved by the board and certified by the department. If an applicant has received a baccalaureate degree in building construction from an accredited 4-year college, or a related degree as approved by the board by rule, and has a grade point average of 3.0 or higher, such applicant is only required to take and pass the business and finance portion of the examination. Any person who desires to engage in contracting on other than a statewide basis shall, as a prerequisite thereto, be registered pursuant to this part, unless exempted by this part.
(2) A person must be certified or registered in order to engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervising contractor’s license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o). This subsection does not affect the application of any local construction licensing ordinances. To enforce this subsection:
(a) The department shall issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the work being performed under this part. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provision of such order.
(b) A county, municipality, or local licensing board created by special act may issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the work being performed under this part.
(3) A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration in the respective trade category, however:
(a) A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located.
(b) A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on a new building of his or her own construction.
(c) A general contractor shall not be required to subcontract structural swimming pool work. All other swimming pool work shall be subcontracted to an appropriately licensed certified or registered swimming pool contractor.
(d) A general contractor shall not be required to subcontract the construction of a main sanitary sewer collection system, storm collection system, or water distribution system, not including the continuation of utility lines from the mains to the buildings, and may perform any of the services, on public or private property, for which a license as an underground utility and excavation contractor is required under this part.
(e) A general contractor shall not be required to subcontract the continuation of utility lines from the mains in mobile home parks, and such continuations are to be considered a part of the main sewer collection and main water distribution systems.
(f) A solar contractor shall not be required to subcontract minor, as defined by board rule, electrical, mechanical, plumbing, or roofing work so long as that work is within the scope of the license held by the solar contractor and where such work exclusively pertains to the installation of residential solar energy equipment as defined by rules of the board adopted in conjunction with the Electrical Contracting Licensing Board.
(g) No general, building, or residential contractor certified after 1973 shall act as, hold himself or herself out to be, or advertise himself or herself to be a roofing contractor unless he or she is certified or registered as a roofing contractor.
(4)(a) When a certificateholder desires to engage in contracting in any area of the state, as a prerequisite therefor, he or she shall be required only to exhibit to the local building official, tax collector, or other person in charge of the issuance of licenses and building permits in the area evidence of holding a current certificate and to pay the fee for the occupational license and building permit required of other persons.
(b) Notwithstanding the provisions of paragraph (a), a local construction regulation board may deny, suspend, or revoke the authority of a certified contractor to obtain a building permit or limit such authority to obtaining a permit or permits with specific conditions, if the local construction regulation board has found such contractor, through the public hearing process, to be guilty of fraud or a willful building code violation within the county or municipality that the local construction regulation board represents or if the local construction regulation board has proof that such contractor, through the public hearing process, has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and finds, after providing notice of an opportunity to be heard to the contractor, that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the local construction board represents. Notification of and information concerning such permit denial shall be submitted to the department within 15 days after the local construction regulation board decides to deny the permit.
(c) The local government may also deny issuance of, or may suspend, any outstanding building permit where a contractor fails or refuses to provide proof of public liability and property damage insurance coverage as required by s. 489.115(5) and workers’ compensation insurance coverage as required by s. 489.114.
(d) It is the policy of the state that the purpose of regulation is to protect the public by attaining compliance with the policies established in law. Fines and other penalties are provided in order to ensure compliance; however, the collection of fines and the imposition of penalties are intended to be secondary to the primary goal of attaining compliance with state laws and local jurisdiction ordinances. It is the intent of the Legislature that a local jurisdiction agency charged with enforcing regulatory laws shall issue a notice of noncompliance as its first response to a minor violation of a regulatory law in any instance in which it is reasonable to assume that the violator was unaware of such a law or unclear as to how to comply with it. A violation of a regulatory law is a “minor violation” if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. A “notice of noncompliance” is a notification by the local jurisdiction agency charged with enforcing the ordinance, which is issued to the licensee that is subject to the ordinance. A notice of noncompliance should not be accompanied with a fine or other disciplinary penalty. It should identify the specific ordinance that is being violated, provide information on how to comply with the ordinance, and specify a reasonable time for the violator to comply with the ordinance. Failure of a licensee to take action correcting the violation within a set period of time would then result in the institution of further disciplinary proceedings.
(5) The certificate is not transferable.
(6)(a) The board shall, by rule, designate those types of specialty contractors which may be certified under this part. The limit of the scope of work and responsibility of a specialty contractor shall be established by the board by rule. However, a certified specialty contractor category established by board rule exists as a voluntary statewide licensing category and does not create a mandatory licensing requirement. Any mandatory statewide construction contracting licensure requirement may only be established through specific statutory provision.
(b) By July 1, 2025, the board shall, by rule, establish certified specialty contractor categories for voluntary licensure for all of the following:
1. Structural aluminum or screen enclosures.
2. Marine seawall work.
3. Marine bulkhead work.
4. Marine dock work.
5. Marine pile driving.
6. Structural masonry.
7. Structural prestressed, precast concrete work.
8. Rooftop solar heating installation.
9. Structural steel.
10. Window and door installation, including garage door installation and hurricane or windstorm protection.
11. Plaster and lath.
12. Structural carpentry.
(7) If an eligible applicant fails any contractor’s written examination, except the general and building contractors’ examination, and provides the board with acceptable proof of lack of comprehension of written examinations, the applicant may petition the board to be administered a uniform oral examination, subject to the following conditions:
(a) The applicant documents 10 years of experience in the appropriate construction craft.
(b) The applicant files written recommendations concerning his or her competency in the appropriate construction craft.
(c) The applicant is administered only one oral examination within a period of 1 year.
(8) Any public record of the board, when certified by the executive director of the board or the executive director’s representative, may be received as prima facie evidence in any administrative or judicial proceeding.
(9)(a) This part does not prevent any contractor from acting as a prime contractor where the majority of the work to be performed under the contract is within the scope of his or her license or from subcontracting to other licensed contractors that remaining work which is part of the project contracted.
(b) This part, chapter 471, chapter 481, or any other provision of law does not:
1. Prevent any licensed engineer or architect from contracting directly with a licensed contractor for the preparation of plans, specifications, or a master design manual addressing structural designs used to make an application for building permits.
2. Require a licensed engineer or architect, when preparing drawings, specifications, plans, or master design manuals for use by any licensed contractor, to prepare site-specific drawings, specifications, or plans for the design and construction of single-family and two-family dwellings; swimming pools, spas, or screened enclosures; or any other structure not exceeding 1,200 square feet or one story in height. For the purpose of issuing building permits, local building officials shall accept such drawings, specifications, or plans when submitted by any licensed contractor. Upon good cause shown, local government code enforcement agencies may accept or reject plans prepared by persons licensed under chapter 471, chapter 481, or this chapter.
As used in this section, the term “master design manual” means a restrictive design manual intended to be used to design, permit, and construct structures as described in this section. Any such manual must be prepared by a licensed engineer or architect and specifically detail the limits of its use, including, but not limited to, the structure type, size, materials, loading conditions, time limits, applicable codes, and associated criteria. The manual must also detail the required training for the contractor, engineer, or architect using the manual. All master design manuals must be peer reviewed by an independent licensed engineer or architect having no financial interest in the development of the manual or the construction of structures pursuant to the manual. The engineer or architect conducting the peer review must be identified in the manual.
(c) Notwithstanding anything in this chapter or any other provision of law, a licensed engineer or architect is not required for the preparation or use of any design guide adopted by the Florida Building Commission as part of the building code pursuant to s. 553.73.
(10) The addition of a new type of contractor or the expansion of the scope of practice of any type of contractor under this part shall not limit the scope of practice of any existing type of contractor under this part unless the Legislature expressly provides such a limitation.
(11) Any local act, law, ordinance, or regulation, including, but not limited to, a local building code or building permit requirement, of a county, municipality, or other political subdivision that pertains to hoisting equipment including power-operated cranes, derricks, hoists, elevators, and conveyors used in construction, demolition, or excavation work, that is not already preempted by the Occupational Safety and Health Administration under 29 C.F.R. parts 1910 and 1926, including, but not limited to, local worksite regulation regarding hurricane preparedness or public safety, is prohibited and is preempted to the state. This subsection does not apply to the regulation of elevators under chapter 399 or to airspace height restrictions in chapter 333.
Cited 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....
...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)....
...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....
Cited 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....
Cited 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....
...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....
...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....
...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)....
...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....
...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.
...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....
...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")....
...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....
...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....
...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....
...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....
...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, ....
...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.
...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....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
