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Florida Statute 489.532 - Full Text and Legal Analysis
Florida Statute 489.532 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
F.S. 489.532
489.532 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 shall 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. 31, ch. 90-228; s. 12, ch. 91-201; s. 4, ch. 91-429; s. 499, ch. 97-103; s. 43, ch. 2000-372; s. 2, ch. 2003-257; s. 8, ch. 2006-154; s. 120, ch. 2007-5; s. 44, ch. 2009-195.

F.S. 489.532 on Google Scholar

F.S. 489.532 on CourtListener

Amendments to 489.532


Annotations, Discussions, Cases:

Cases Citing Statute 489.532

Total Results: 4

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

1291-92 (making nearly identical changes to section 489.532). Moreover, the statute that governs liens

MMII, INC. v. Silvester

42 So. 3d 876, 2010 Fla. App. LEXIS 12171, 2010 WL 3239066

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148255

Cited 1 times | Published

contractor such that it must be licensed. Section 489.532(1)(a) provides that "if a state license is

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

license, could not be deemed unlicensed under section 489.532(1)(a), Florida Statutes (2009).[4]MMII, Inc

Master Tech Satellite, Inc. v. Mastec North America, Inc.

49 So. 3d 789, 2010 Fla. App. LEXIS 16283, 2010 WL 4226500

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 60296853

Published

Mastec moved for summary judgment based on section 489.532, Florida Statutes (2004), which makes an unlicensed