Florida Statute 489.128 | Lawyer Caselaw & Research

The 2024 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.

F.S. 489.128 on Google Scholar

F.S. 489.128 on Casetext

Amendments to 489.128

Arrestable Offenses / Crimes under Fla. Stat. 489.128

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.128.

Annotations, Discussions, Cases:

Cases Citing Statute 489.128

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: including unlicensed contracting under section 489.128, Florida Statutes, and unlicensed mold remediation…unlicensed contractor, as provided by section 489.128(1). Incident argued in response that the…require a contractor’s license pursuant to section 489.128(1), the statute is not applicable and the Agreements… doing so, the court found that under section 489.128(1), the Agreements were unenforceable because … enforcing its claims “in law or in equity.” § 489.128(1), Fla. Stat. Following entry of the final

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-17T00:00:00-07:00

Snippet: or in equity by the unlicensed contractor.” § 489.128(1), Fla. Stat. (2020). The Fifth District has rejected… This holding was based on the text of section 489.128, which the Legislature amended in 2003 to clarify…contractor can enforce the agreement. See id.; § 489.128(3), Fla. Stat. (“This section shall not affect … the unlicensed contractor governed by section 489.128, Florida Statutes.” Id. at 587. “Thus, even if …the contract executed it, if stated therein.” § 489.128(1)(c), Fla. * An in pari delicto defense alleges

MARLIN CONSTRUCTION GROUP, L L C v. KRIS BOLLINGER

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-03T00:00:00-07:00

Snippet: Fla. Stat. (2020). Additionally, under section 489.128(1)(a), Florida Statutes (2020), the centerpiece…of the contract’s enforceability under section 489.128. Marlin relied on the definition of “contracting… was unenforceable by Bollinger under section 489.128. Bollinger, in turn, argued in his motion…with Marlin would be unenforceable under section 489.128(1). In support, Bollinger noted that Marlin’s …Accordingly, the trial court found that section 489.128, making contracts entered into by unlicensed contractors

JOSE A. LOPEZ GUEVARA v. MARIE S. LAMOTHE

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

Snippet: carry a contractor’s license, citing to section 489.128 and 489.105(3)(c), Florida Statutes, regarding …inapplicable law. The trial court cites to section 489.128, Florida Statutes, which provides in subpart (…the work to be performed under the contract.” §489.128(1)(a), Florida Statutes (2022). Here, the record

ABA INTERIOR INC. v. THE OWEN GROUP CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

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

EMG JOCKEY CLUB LLC v. APEIRON MIAMI, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: PER CURIAM. Affirmed. See §489.128(2), Fla. Stat. (2018) (providing: “

SG 2901, LLC v. COMPLIMENTI, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: these arguments.2 SG relies on section 489.128(1), Florida Statutes (2020), which makes contracts… 6 489.105(3). Consequently, section 489.128(1), which prohibits an unlicensed contractor from

Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 261 So. 3d 613

Snippet: public, it has been quite clear. See, e.g., §§ 489.128, .532, Fla. Stat. (2017) (entitled "Contracts

Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 261 So. 3d 613

Snippet: public, it has been quite clear. See, e.g., §§ 489.128, .532, Fla. Stat. (2017) (entitled "Contracts

Griffin v. ARX Holding Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-14T00:00:00-07:00

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

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

Brock v. Garner Window & Door Sales, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-29T00:00:00-08:00

Citation: 187 So. 3d 294, 2016 WL 830452

Snippet: the limitations defense, pursuant. to section 489.128, Florida Statutes, because Appellee was not properly….3d 580 (Fla.2013). Again, we disagree. Section 489.128 precludes an unlicensed contractor from enforcing… , to enforce the contract. Nothing in section 489.128 or Earth Trades, Inc., precludes a defendant in

Taylor Morrison Services, Inc. v. Ecos

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-28T00:00:00-07:00

Citation: 163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929

Snippet: contract” on the effective date of the contract. § 489.128(1), Florida Statutes (2008). We reverse because…unlicensed contractor” within the meaning of section 489.128(1), which provides that “[a] business organization…work to be performed under the contract.” Section 489.128(l)(c) further instructs that “a contractor shall…unlicensed. The trial court interpreted section 489.128(l)’s licen-sure-status language as requiring a … 1231. To be considered licensed under section 489.128(1), a business organization must have a “qualifying

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

Court: Fla. | Date Filed: 2014-11-06T00:00:00-08:00

Citation: 154 So. 3d 1115, 2014 WL 6463506

Snippet: a local ordinance, it had not violated section 489.128, Florida Statutes (2002), which is titled “Contracts…enforceable, and the arbitrator had misapplied section 489.128. Id. On appeal, the Fifth District

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

Court: Fla. | Date Filed: 2014-07-10T00:53:00-07:00

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

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

Snippet: that the contract was unenforceable under section 489.128(1), Florida Statutes (2009), which states: “As … CSS’s claim of lien was invalid under section 489.128(1). CSS filed a counterclaim and also filed a Motion… based on CSS’s failure to comply with section 489.128. The trial court referred the matter to a general…whether a contractor who was in violation of section 489.128 can raise the common law defense of in pari delicto…Commercial Interiors was illegal under section 489.128, Florida Statutes. The ar*946bitrator denied the

Macchione v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-11T00:00:00-07:00

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

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

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

Court: Fla. | Date Filed: 2013-01-24T00:00:00-08:00

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

Snippet: section 489.128, as amended in 2003.” Id. The Fifth District’s holding that section 489.128 precluded…governed by section 489.128, Florida Statutes. Under the amended version of section 489.128, the fault of the…Fifth . District Court of Appeal held that section 489.128, Florida Statutes (2005), which governs construction…was barred under the plain language of section 489.128, Florida Statutes (2005). This statute provides… or in equity by the unlicensed contractor.” § 489.128(1), Fla. Stat. (2005). Earth Trades and Sealord

Austin Building Co. v. Rago, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-27T00:00:00-07:00

Citation: 63 So. 3d 31, 2011 Fla. App. LEXIS 5974

Snippet: unlicensed." § 489.128(1)(a), Fla. Stat. (2007). While the 2009 amendment of section 489.128(1)(a) changed…other was an unlicensed contractor under section 489.128, Florida Statutes, and therefore, could not enforce…sufficient to preclude summary judgment. *34 Section 489.128, Florida Statutes (2005) provides: (1) As a matter…, services, or materials under the contract. § 489.128(1)(c), Fla. Stat. (2005) (emphasis added). Under…was not an unlicensed contractor under section 489.128, Florida Statutes (2009). We agree and reverse

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-02T00:00:00-08:00

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

Snippet: At first, the moving parties focused on section 489.128(1), Florida Statutes (2008), which provides that…Subcontractor never possessed such a license; (3) section 489.128 provides that such a contractor is unlicensed; …therefore (4) under the express language of section 489.128(1), the subcontract was unenforceable by the Subcontractor…Legislature amended the last sentence of section 489.128(l)(a) to read: “For purposes of this section, if…performing that work is not considered unlicensed.” § 489.128(l)(a), Fla. Stat. (2009) (emphasis added); see

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

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-27T00:00:00-07:00

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

Snippet: license. We affirm. Prior to June 25, 2003, section 489.128, Florida Statutes (2001), provided that contracts…is unlicensed for purposes of this section. § 489.128, Fla. Stat. (2005) (emphasis added). The trial … the clear and unambiguous language of section 489.128, as amended in 2003. We find the other issues raised