CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2003552
...NOTES [1] Florida law classifies construction contractors into two groups: certified contractors or registered contractors. §
489.105(8), (10), Fla. Stat. (2001). The two groups differ in the requirements for licensure. See §
489.111, Fla. Stat. (2001) (setting out the requirements of certification licensure); §
489.117, Fla....
...A certified contractor may perform construction work anywhere in Florida, see §
489.113(1), Fla. Stat. (2001), while a registered contractor may only perform work covered by the registration in the county, municipality, or development district for which the registration applies, see §
489.117(1)(b)....
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Cited as authorityMcKinney (2006)phrase: "rule_authority"
CopyCited 2 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 86645, 2006 WL 3469526
...o groups: certified contractors or registered contractors. §
489.105(8), (10), Fla. Stat. (2001). The two groups differ in the requirements for licensure. See §
489.111, Fla. Stat. (2001) (setting out the requirements for certification licensure); §
489.117; Fla....
...A certified contractor may perform construction work anywhere in Florida, see §
489.113(1), Fla. Stat. (2001), while a registered contractor may only perform work covered by the registration in the county, municipality, or development district for which the registration applies, see §
489.117(1)(b)....
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CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 18885, 2005 WL 3240037
...Johns County, (County), ordinance requiring them to obtain specialty contractor licenses. The trial courts order of denial found that the County's 1976 ordinance requiring all construction contractors to be licensed prevailed because it was enacted prior to the 1993 enactment of section 489.117(4)(e), Florida Statutes, known as the Jim Walter Exemption, which exempted specialty contractors from obtaining a license if the specialty work was performed under the supervision of a certified or registered contractor....
...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 contractors and creates a limited exception from local licensing as long as supervision exists by a certified or registered building contractor and construction is being performed on single family residences or townhouses....
...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....
...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 certification of drywall installers in single family residences when the installers are working under the supervision of a certified or registered general, building, or residential contractor). The County asserts that section
489.131(4) provides an exemption to section
489.117(4)(e) and authorizes the County to impose local license 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)....
...ordinance enforceable. 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....
...3d DCA 2004) (noting that if there is any doubt as to the extent of a power attempted to be exercised by ordinance which may affect the operation of a state statute, the doubt is to be resolved against the ordinance and in favor of the statute). Unfortunately, we do not know whether Appellants fall within the 489.117(4)(e) exemption because we do not know whether they perform specialty contracting services for the construction, remodeling, repair, or improvement of single-family residences or townhouses under the supervision of a certified or registered general, building, or residential contractor....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...489.105 (8), F.S., defining a "[c]ertified contractor" to mean "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." 4 Section 489.117 (2), F.S....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19139
...site thereto, be registered pursuant to this act, unless exempted by this act. Registration shall be required of specialty contractors when licensing is required by a county or municipality in which the specialty contractor practices. In contrast is Section 489.117 providing: (1) Any person engaged in the business of contracting in the state shall be registered in the proper classification, unless he is certified....
