Florida Statutes
Fla. Stat. § 489.128 (2025)
Contracts entered into by unlicensed contractors unenforceable.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 67
cases (14 in the last 5 years), 1994–2026 · leading case: Promontory Enter., Inc. v. S. ENGIN. & CONTRACT., INC., 864 So. 2d 479 (Fla. 5th DCA 2004).
Promontory Enter., Inc. v. S. ENGIN. & CONTRACT., INC., 864 So. 2d 479 (Fla. 5th DCA 2004). “§ 489.128, Fla. Stat. (1999). Effective July 1, 2000, the statute was amended to delete the last sentence and eliminate the cure provisions contained therein.”
RAM OF SO. FL., INC. v. WCI Communities, Inc., 869 So. 2d 1210 (Fla. 2d DCA 2004). “" § 489.128, Fla. Stat. (1999). This cure provision present in the 1999 statute was repealed by the legislature effective July 1, 2000.”
Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). “” § 489.128, Fla. Stat. (1991). The more recent case of Kvaemer was decided under the 1999 statute, which provided that a contract “performed in full or in part” by an unlicensed contractor “shall be unenforceable in law or in equi *585 ty.”
Furmanite Am., Inc. v. T.D. Williamson, Inc., 506 F. Supp. 2d 1134 (M.D. Fla. 2007). “§ 489.128, Fla. Stat. (2006). A license is not required for all potential work a contractor could conceivable undertake.”
Full Circle Dairy LLC v. Mckinney, 467 F. Supp. 2d 1343 (M.D. Fla. 2006). “Fla. Stat. § 489.128 (l)(a) codifies Florida’s licensure requirements, and provides, in pertinent part: 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…”
Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003). “That, however, did not affect Palm Coast's ability to seek payment under the mechanic's lien laws, pursuant to the "salvaging statute," § 489.128, Fla. Stat. (1999), discussed, infra.”
RIVERWALK APART. v. RTM Gen. Contractors, Inc., 779 So. 2d 537 (Fla. 2d DCA 2000). “Thereafter, Riverwalk filed a motion to stay arbitration to allow the circuit court to consider its claim that the contracts were procured by fraud and were unenforceable under section 489.128, Florida Statutes (1997), which provides that contracts with unlicensed contractors…”
MGM Constr. Servs. Corp. v. Travelers Cas. & Sur. Co. of Am., 57 So. 3d 884 (Fla. 3d DCA 2011). “Accordingly, the original arguments made by the moving parties may be fairly summarized as follows: (1) the MDCO requires a local license; (2) the Subcontractor never possessed such a license; (3) section 489.128 provides that such a contractor is unlicensed; and therefore (4)…”
Kvaerner Const., Inc. v. Am. Saf. Cas. Ins. Co., 847 So. 2d 534 (Fla. 5th DCA 2003). “Section 489.128, Florida Statutes (1999) provided: Contracts performed by unlicenced contractors unenforceable.”
Mivan (Fla.), Inc. v. Metric Constructors, Inc., 857 So. 2d 901 (Fla. 5th DCA 2003). “§ 489.128, Fla. Stat. (1997). [2] If a business organization proposes to engage in contracting in Florida, it must *903 apply for a certificate of authority through a qualifying agent.”
Rewards Hotel Man. Co., LLC v. Elite Gen. Contr., Inc., 860 So. 2d 1011 (Fla. 3d DCA 2003). “§ 489.128, Fla. Stat. (2002). [2] Rewards Hotel Management argued that NHRC did not hold a Florida general contractors license at the time it signed the construction contract, nor during construction.”
Castro v. Sangles, 637 So. 2d 989 (Fla. 3d DCA 1994). “The case was referred to a General Master, who recommended dismissal of the action on the ground that the alleged agreement was unenforceable under section 489.128, Florida Statutes (1991).”
— 489.128(1) — 20 cases
Full Circle Dairy LLC v. Mckinney, 467 F. Supp. 2d 1343 (M.D. Fla. 2006). “Fla. Stat. § 489.128 (l)(a) codifies Florida’s licensure requirements, and provides, in pertinent part: 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…”
Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). “” § 489.128, Fla. Stat. (1991). The more recent case of Kvaemer was decided under the 1999 statute, which provided that a contract “performed in full or in part” by an unlicensed contractor “shall be unenforceable in law or in equi *585 ty.”
MGM Constr. Servs. Corp. v. Travelers Cas. & Sur. Co. of Am., 57 So. 3d 884 (Fla. 3d DCA 2011). “Accordingly, the original arguments made by the moving parties may be fairly summarized as follows: (1) the MDCO requires a local license; (2) the Subcontractor never possessed such a license; (3) section 489.128 provides that such a contractor is unlicensed; and therefore (4)…”
Promontory Enter., Inc. v. S. ENGIN. & CONTRACT., INC., 864 So. 2d 479 (Fla. 5th DCA 2004). “§ 489.128, Fla. Stat. (1999). Effective July 1, 2000, the statute was amended to delete the last sentence and eliminate the cure provisions contained therein.”
Griffin v. ARX Holding Corp., 208 So. 3d 164 (Fla. 2d DCA 2016).
— 489.128(1)(a) — 7 cases
Promontory Enter., Inc. v. S. ENGIN. & CONTRACT., INC., 864 So. 2d 479 (Fla. 5th DCA 2004). “§ 489.128, Fla. Stat. (1999). Effective July 1, 2000, the statute was amended to delete the last sentence and eliminate the cure provisions contained therein.”
Taylor Morrison Servs., Inc. v. Ecos, 163 So. 3d 1286 (Fla. 1st DCA 2015).
Palm Beach Resurfacing, Inc. v. Michelle Renee Floyd (Fla. 4th DCA 2025).
Aba Interior Inc. v. The Owen Grp. Corp. (Fla. 4th DCA 2022).
D Electrician Technical Servs., Inc. v. Gregory Tony, as Sheriff of Broward Cnty., Florida (Fla. 4th DCA 2024).
— 489.128(1)(b) — 4 cases
Promontory Enter., Inc. v. S. ENGIN. & CONTRACT., INC., 864 So. 2d 479 (Fla. 5th DCA 2004). “§ 489.128, Fla. Stat. (1999). Effective July 1, 2000, the statute was amended to delete the last sentence and eliminate the cure provisions contained therein.”
RAM OF SO. FL., INC. v. WCI Communities, Inc., 869 So. 2d 1210 (Fla. 2d DCA 2004). “" § 489.128, Fla. Stat. (1999). This cure provision present in the 1999 statute was repealed by the legislature effective July 1, 2000.”
Dist. Bd. of Trs. v. Morgan, 890 So. 2d 1155 (Fla. 5th DCA 2004).
Martin Daytona Corp. v. STRICKLAND CONST., 881 So. 2d 686 (Fla. 5th DCA 2004).
— 489.128(1)(c) — 2 cases
Taylor Morrison Servs., Inc. v. Ecos, 163 So. 3d 1286 (Fla. 1st DCA 2015).
South Wild Olive, LLC v. Total Maint. Servs., LLC (Fla. 5th DCA 2024).
— 489.128(2) — 3 cases
Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580 (Fla. 2013). “” § 489.128, Fla. Stat. (1991). The more recent case of Kvaemer was decided under the 1999 statute, which provided that a contract “performed in full or in part” by an unlicensed contractor “shall be unenforceable in law or in equi *585 ty.”
Emg Jockey Club LLC v. Apeiron Miami, LLC (Fla. 3d DCA 2022).
CAM Bradford Homes, LLC v. Wayne Arrants & Berkely Arrants (Fla. 5th DCA 2025).
— 489.128(3) — 1 case
South Wild Olive, LLC v. Total Maint. Servs., LLC (Fla. 5th DCA 2024).
— 489.128(b) — 2 cases
Furmanite Am., Inc. v. T.D. Williamson, Inc., 506 F. Supp. 2d 1134 (M.D. Fla. 2007). “§ 489.128, Fla. Stat. (2006). A license is not required for all potential work a contractor could conceivable undertake.”
Lake Eola Builders, LLC v. Metro. at Lake Eola, LLC, 416 F. Supp. 2d 1316 (M.D. Fla. 2006).
— 489.128(l) — 2 cases
Full Circle Dairy LLC v. Mckinney, 467 F. Supp. 2d 1343 (M.D. Fla. 2006). “Fla. Stat. § 489.128 (l)(a) codifies Florida’s licensure requirements, and provides, in pertinent part: 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…”
Taylor Morrison Servs., Inc. v. Ecos, 163 So. 3d 1286 (Fla. 1st DCA 2015).
— 489.128(l)(a) — 4 cases
MGM Constr. Servs. Corp. v. Travelers Cas. & Sur. Co. of Am., 57 So. 3d 884 (Fla. 3d DCA 2011). “Accordingly, the original arguments made by the moving parties may be fairly summarized as follows: (1) the MDCO requires a local license; (2) the Subcontractor never possessed such a license; (3) section 489.128 provides that such a contractor is unlicensed; and therefore (4)…”
Austin Bldg. Co. v. Rago, Ltd., 63 So. 3d 31 (Fla. 3d DCA 2011).
Lake Eola Builders, LLC v. Metro. at Lake Eola, LLC, 416 F. Supp. 2d 1316 (M.D. Fla. 2006).
A-1 Quality Corp. v. Oak Park Terrace, Inc., 32 So. 3d 166 (Fla. 4th DCA 2010).
— 489.128(l)(b) — 1 case
Orange Cnty. Bldg. Codes v. Strickland Constr. Servs. Corp., 913 So. 2d 718 (Fla. 5th DCA 2005).
— 489.128(l)(c) — 3 cases
Taylor Morrison Servs., Inc. v. Ecos, 163 So. 3d 1286 (Fla. 1st DCA 2015).
Lake Eola Builders, LLC v. Metro. at Lake Eola, LLC, 416 F. Supp. 2d 1316 (M.D. Fla. 2006).
Austin Bldg. Co. v. Rago, Ltd., 63 So. 3d 31 (Fla. 3d DCA 2011).
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