Florida Statute 489.128 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 489
CONTRACTING

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F.S. 489.128

489.128 Contracts entered into by unlicensed contractors unenforceable.—

(1) As a matter of public policy, contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor.

(a) For purposes of this section, an individual is unlicensed if the individual does not have a license required by this part concerning the scope of the work to be performed under the contract. A business organization is unlicensed if the business organization does not have a primary or secondary qualifying agent in accordance with this part concerning the scope of the work to be performed under the contract. For purposes of this section, if a state license is not required for the scope of work to be performed under the contract, the individual performing that work is not considered unlicensed.

(b) For purposes of this section, an individual or business organization may not be considered unlicensed for failing to have a business tax receipt issued under the authority of chapter 205.

(c) For purposes of this section, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed it, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract.

(2) Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this section, no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto.

(3) This section shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This section shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this section.

History.—s. 30, ch. 90-228; s. 11, ch. 91-201; s. 4, ch. 91-429; s. 17, ch. 93-166; s. 486, ch. 97-103; s. 35, ch. 2000-372; s. 1, ch. 2003-257; s. 2, ch. 2006-154; s. 118, ch. 2007-5; ss. 33, 34, ch. 2009-195.

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Amendments to 489.128

Annotations, Discussions, Cases:

Cases Citing Statute 489.128

Total Results: 62

John B. Goodman Limited Partnership v. Thf Construction, Inc.

321 F.3d 1094

Court of Appeals for the Eleventh Circuit | Filed: Feb 14, 2003 | Docket: 740908

Cited 28 times | Published

by an unlicensed contractor, Fla. Stat. Ann. § 489.128 rendered the contracts, and the arbitration clauses

Furmanite America, Inc. v. T.D. Williamson, Inc.

506 F. Supp. 2d 1134, 2007 WL 1111254

District Court, M.D. Florida | Filed: Apr 11, 2007 | Docket: 1743223

Cited 25 times | Published

could not legally undertake these jobs under Section 489.128, Florida Statutes. This argument is not well

RAM OF SO. FL., INC. v. WCI Communities, Inc.

869 So. 2d 1210, 2004 WL 591476

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1653886

Cited 16 times | Published

was illegal and unenforceable pursuant to section 489.128, Florida Statutes (2000), and discharged R

Castro v. Sangles

637 So. 2d 989, 1994 WL 243861

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 1261228

Cited 14 times | Published

alleged agreement was unenforceable under section 489.128, Florida Statutes (1991).[1] The Castros now

RIVERWALK APART. v. RTM Gen. Contractors, Inc.

779 So. 2d 537, 2000 WL 1867468

District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 420505

Cited 12 times | Published

procured by fraud and were unenforceable under section 489.128, Florida Statutes (1997), which provides that

Promontory Enterprises, Inc. v. SOUTHERN ENGIN. & CONTRACT., INC.

864 So. 2d 479, 2004 WL 19501

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 2516528

Cited 10 times | Published

Southern argues that the 2003 amendments to section 489.128, Florida Statutes, should be retroactively

Vacation Beach, Inc. v. CHARLES BOYD CONST.

906 So. 2d 374, 2005 Fla. App. LEXIS 11180, 2005 WL 1704415

District Court of Appeal of Florida | Filed: Jul 22, 2005 | Docket: 1775289

Cited 9 times | Published

119(3)(a), Florida Statutes (2004). Finally, section 489.128, Florida Statutes (2004), provides in part:

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

court entered summary judgment in reliance on section 489.128, Florida Statutes (1997), which provides: As

Michnal v. Palm Coast Development, Inc.

842 So. 2d 927, 2003 Fla. App. LEXIS 3145, 2003 WL 1035713

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1730489

Cited 8 times | Published

This motion was denied; the trial court found section 489.128 salvaged the legality and enforceability of

Marinich v. Special Edition Custom Homes, LLC

1 So. 3d 1197, 2009 Fla. App. LEXIS 781, 2009 WL 277082

District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1654007

Cited 6 times | Published

enforcing the construction agreement under section 489.128(1), Florida Statutes (2005). Special Edition

Micronair, Inc. v. City of Winter Haven

800 So. 2d 622, 2001 WL 957399

District Court of Appeal of Florida | Filed: Aug 24, 2001 | Docket: 1683664

Cited 6 times | Published

The City then took the position that under section 489.128, Florida Statutes (1999), the contract between

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

entitled to a judgment as a matter of law." Id. Section 489.128, Florida Statutes (2001), provides that contracts

Macchione v. State

123 So. 3d 114, 2013 WL 5575560, 2013 Fla. App. LEXIS 16195

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234864

Cited 4 times | Published

the title of the 2003 session law amending section 489.128, the Legislature stated that its intent was

Macchione v. State

123 So. 3d 114, 2013 WL 5575560, 2013 Fla. App. LEXIS 16195

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234864

Cited 4 times | Published

the title of the 2003 session law amending section 489.128, the Legislature stated that its intent was

Rewards Hotel Man. Co., LLC v. Elite Gen. Contr., Inc.

860 So. 2d 1011, 2003 WL 22849899

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 454626

Cited 4 times | Published

Management contended that NHRC had violated section 489.128, Florida Statutes (2002), which provides: 489

The Palms v. MAGIL CONST. FLORIDA, INC.

785 So. 2d 597, 2001 WL 387941

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1510169

Cited 4 times | Published

before us is whether the 2000 amendment to section 489.128, Florida Statutes, is retroactive. We conclude

Poole and Kent Co. v. GUSI ERICKSON CONST. COMPANY

759 So. 2d 2, 1999 Fla. App. LEXIS 12707, 1999 WL 766005

District Court of Appeal of Florida | Filed: Sep 29, 1999 | Docket: 1422808

Cited 4 times | Published

corporation in good standing at all material times. Section 489.128, Florida Statutes (1995), entitled "Contracts

Island House Developers v. AMAC CONST.

686 So. 2d 1377, 1997 Fla. App. LEXIS 149, 1997 WL 24629

District Court of Appeal of Florida | Filed: Jan 16, 1997 | Docket: 304742

Cited 4 times | Published

claim of contract unenforceability pursuant to section 489.128, Florida Statutes. We reverse. Appellant raised

Kvaerner Const., Inc. v. AMERICAN SAFETY CASUALTY INS. CO.

847 So. 2d 534, 2003 Fla. App. LEXIS 5459, 2003 WL 1889175

District Court of Appeal of Florida | Filed: Apr 17, 2003 | Docket: 1686661

Cited 3 times | Published

American moved for summary judgment pursuant to section 489.128, which renders contracts by unlicensed contractors

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

moved for summary final judgment relying on section 489.128, Florida Statutes (1995), which generally provides

Earth Trades, Inc. v. T & G Corp.

108 So. 3d 580, 38 Fla. L. Weekly Supp. 35, 2013 WL 264440, 2013 Fla. LEXIS 87

Supreme Court of Florida | Filed: Jan 24, 2013 | Docket: 60229184

Cited 2 times | Published

Fifth . District Court of Appeal held that section 489.128, Florida Statutes (2005), which governs construction

Earth Trades, Inc. v. T & G Corp.

42 So. 3d 929, 2010 Fla. App. LEXIS 12535, 2010 WL 3359412

District Court of Appeal of Florida | Filed: Aug 27, 2010 | Docket: 2556084

Cited 2 times | Published

license. We affirm. Prior to June 25, 2003, section 489.128, Florida Statutes (2001), provided that contracts

Charles Boyd Const. v. Vacation Beach

959 So. 2d 1227, 2007 Fla. App. LEXIS 9597, 2007 WL 1789297

District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 1525698

Cited 2 times | Published

Fla. Stat. (2002). Finally, we noted that section 489.128, Florida Statutes (2002), provided in part:

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

construction work without a proper license, section 489.128(1), Florida Statutes, precludes them from seeking

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

assert the limitations defense, pursuant. to section 489.128, Florida Statutes, because Appellee was not

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

contract” on the effective date of the contract. § 489.128(1), Florida Statutes (2008). We reverse because

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center

154 So. 3d 1115, 2014 WL 6463506

Supreme Court of Florida | Filed: Nov 6, 2014 | Docket: 2593363

Cited 1 times | Published

violated a local ordinance, it had not violated section 489.128, Florida Statutes (2002), which is titled “Contracts

Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC

143 So. 3d 942, 2014 Fla. App. LEXIS 7703, 2014 WL 2116361

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60242398

Cited 1 times | Published

that the contract was unenforceable under section 489.128(1), Florida Statutes (2009), which states:

MGM Construction Services Corp. v. Travelers Casualty & Surety Co. of America

57 So. 3d 884, 2011 Fla. App. LEXIS 2642, 2011 WL 710191

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299177

Cited 1 times | Published

Arguments At first, the moving parties focused on section 489.128(1), Florida Statutes (2008), which provides

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

summary judgment, arguing that pursuant to section 489.128, Florida Statutes (2007), entitled "Contracts

Hebert v. State

25 So. 3d 612, 2009 Fla. App. LEXIS 13348, 2009 WL 4931756

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 1193530

Cited 1 times | Published

hold a lawful claim to the deposit money. See § 489.128(1), Fla. Stat. (2004) (providing that, "[a]s a

Central Florida Lumber Unlimited, Inc. v. Qaqish

12 So. 3d 766, 2009 Fla. App. LEXIS 3848, 2009 WL 1139241

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1647175

Cited 1 times | Published

and ICC were therefore unenforceable under section 489.128, Florida Statutes (1999). The complaint also

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

the organization. Section 489.119(2)(a)(1). Section 489.128(1) declares that, as a matter of public policy

District Bd. of Trustees v. Morgan

890 So. 2d 1155, 2004 Fla. App. LEXIS 19293, 2004 WL 2922479

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1285451

Cited 1 times | Published

Florida Statutes tends to confirm our view. Section 489.128, Florida Statutes (1999), indicates that contracts

Martin Daytona Corp. v. STRICKLAND CONST.

881 So. 2d 686, 2004 Fla. App. LEXIS 12601, 2004 WL 1905752

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1748653

Cited 1 times | Published

pursuant to section 489.128, Florida Statutes. At the time of the hearing, section 489.128 provided: As

Rtm General Contractors v. G/W Riverwalk

893 So. 2d 583, 2004 WL 1836223

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1720847

Cited 1 times | Published

which arguably cured DeVore's violation of section 489.128, Florida Statutes (1997), did not cure RTM's

John Hancock-Gannon Joint Venture II v. McNully

800 So. 2d 294, 2001 Fla. App. LEXIS 15261, 2001 WL 1334742

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 64810309

Cited 1 times | Published

relying on-contractual defenses for the rulings. Section 489.128, Florida Statutes (1993), provides that contracts

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

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

Published

contractor can enforce its contracts. See id. § 489.128(1) (“As a matter of public policy, contracts entered

Southpoint Shore Management LLC v. Homexpo Miami Corp.

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69898819

Published

030(b)(1)(A). Because the trial court misapplied section 489.128, Florida Statutes, we reverse and remand for

International Construction Consultants, Inc., McCulla v. Match, Dr. Joel Match

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807056

Published

McCulla was not a licensed contractor, citing section 489.128(1), Florida Statutes (2015) ("As a matter

Palm Beach Resurfacing, Inc. v. Michelle Renee Floyd

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

Published

state license for the work performed. Section 489.128, Florida Statutes (2018), provides a limited

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

that the agreement was unenforceable under section 489.128, Florida Statutes (2019), because D Electrician

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

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

Published

defenses, including unlicensed contracting under section 489.128, Florida Statutes, and unlicensed mold remediation

South Wild Olive, LLC v. Total Maintenance Services, LLC

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 67934539

Published

law or in equity by the unlicensed contractor.” § 489.128(1), Fla. Stat. (2020). The Fifth District has

MARLIN CONSTRUCTION GROUP, L L C v. KRIS BOLLINGER

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

Published

127(2)(a), Fla. Stat. (2020). Additionally, under section 489.128(1)(a), Florida Statutes (2020), the centerpiece

JOSE A. LOPEZ GUEVARA v. MARIE S. LAMOTHE

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

Published

not carry a contractor’s license, citing to section 489.128 and 489.105(3)(c), Florida Statutes, regarding

ABA INTERIOR INC. v. THE OWEN GROUP CORP.

District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984891

Published

performing that work is not considered unlicensed.” § 489.128(1)(a), Fla. Stat. (2019). That said, Palm Beach

SG 2901, LLC v. COMPLIMENTI, INC.

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

Published

reject these arguments.2 SG relies on section 489.128(1), Florida Statutes (2020), which makes contracts

Griffin v. ARX Holding Corporation

208 So. 3d 164, 2016 Fla. App. LEXIS 15240

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4479206

Published

engage in the business of insurance. Section 489.128(1), Florida Statutes (2016), is also helpful

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc.

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 401077

Published

violated a local ordinance, it had not violated section 489.128, Florida Statutes (2002), which is titled

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

the other was an unlicensed contractor under section 489.128, Florida Statutes, and therefore, could not

Action Fabrication, Inc. v. Calder Race Course, Inc.

23 So. 3d 1265

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60281978

Published

PER CURIAM. Affirmed. See § 489.128, Fla. Stat. (2005).

ACTION FABRICATION, INC. v. Calder Race Course, Inc.

23 So. 3d 1265, 2009 Fla. App. LEXIS 20491, 2009 WL 5125090

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1421801

Published

and ROTHENBERG, JJ. PER CURIAM. Affirmed. See § 489.128, Fla. Stat. (2005).

Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, Inc.

19 So. 3d 1062, 2009 Fla. App. LEXIS 14718, 2009 WL 3149098

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 60254560

Published

violated a local ordinance, it had not violated section 489.128, Florida Statutes (2002), and finding further

Dabasse v. Reyes

963 So. 2d 288, 2007 Fla. App. LEXIS 11959, 2007 WL 2213316

District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 64851870

Published

suspect, have been unavailing pursuant to section 489.128, Florida Statutes (2003), which makes contracts

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

2001). The trial court found that pursuant to section 489.128, Florida Statutes (2000),2 the initial contract

Orange County Building Codes v. Strickland Construction Services Corp.

913 So. 2d 718, 2005 Fla. App. LEXIS 17022, 2005 WL 2806237

District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 64840768

Published

not invalidate the underlying contract under section 489.128(l)(b), Florida Statutes (2003). . Section

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

either in law or in equity, for its work. See § 489.128, Fla. Stat. (2003). The subcontractor contends

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

contract should be declared invalid pursuant to section 489.128, Florida Statutes (2000), which precludes the

John B. Goodman Ltd. Partnership v. THF Construction, Inc.

321 F.3d 1094, 2003 U.S. App. LEXIS 2826

Court of Appeals for the Eleventh Circuit | Filed: Feb 14, 2003 | Docket: 65655214

Published

by an unlicensed contractor, Fla. Stat. Ann. § 489.128 rendered the contracts, and the arbitration clauses

Johnson v. Brown

827 So. 2d 372, 2002 Fla. App. LEXIS 14564, 2002 WL 31250522

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817912

Published

that her brother was unlicensed. Pursuant to section 489.128, she did not have an enforceable contract with

Parents Without Partners, Inc. v. Ness

655 So. 2d 183, 1995 Fla. App. LEXIS 5297, 1995 WL 296568

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 64756453

Published

PER CURIAM. Affirmed. § 489.128, Fla.Stat. (1991); Hanna v. JPC, Inc., 538 So.2d 958 (Fla. 3d DCA 1989);