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

D Electrician Technical Services, Inc. v. Gregory Tony, as Sheriff of Broward County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-17

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

MARLIN CONSTRUCTION GROUP, L L C v. KRIS BOLLINGER

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

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

JOSE A. LOPEZ GUEVARA v. MARIE S. LAMOTHE

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

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: District Court of Appeal of Florida | Date Filed: 2022-02-09

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

SG 2901, LLC v. COMPLIMENTI, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-06-30

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-09-20

Citation: 261 So. 3d 613

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-09-20

Citation: 261 So. 3d 613

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

Griffin v. ARX Holding Corporation

Court: District Court of Appeal of Florida | Date Filed: 2016-10-14

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: District Court of Appeal of Florida | Date Filed: 2016-02-29

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

Snippet: the limitations defense, pursuant. to section 489.128, Florida Statutes, because Appellee was not properly

Taylor Morrison Services, Inc. v. Ecos

Court: District Court of Appeal of Florida | Date Filed: 2015-05-28

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

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

Court: Supreme Court of Florida | Date Filed: 2014-11-06

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

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

Court: Supreme Court of Florida | Date Filed: 2014-07-10

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

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

Macchione v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-10-11

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: Supreme Court of Florida | Date Filed: 2013-01-24

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

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

Austin Building Co. v. Rago, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2011-04-27

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

Snippet: other was an unlicensed contractor under section 489.128, Florida Statutes, and therefore, could not enforce

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

Court: District Court of Appeal of Florida | Date Filed: 2011-03-02

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