September 30, 2020
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       Florida Senate - 2009                                     SB 674
       
       
       
       By Senator Constantine
       
       
       
       
       22-00805-09                                            2009674__
    1                        A bill to be entitled                      
    2         An act relating to construction contracting; amending
    3         s. 489.128, F.S.; providing that an individual or
    4         business organization may not be considered unlicensed
    5         for failure to have a required local jurisdiction
    6         license; providing for retroactive application;
    7         providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Subsection (1) of section 489.128, Florida
   12  Statutes, is amended to read:
   13         489.128 Contracts entered into by unlicensed contractors
   14  unenforceable.—
   15         (1) As a matter of public policy, contracts entered into on
   16  or after October 1, 1990, by an unlicensed contractor shall be
   17  unenforceable in law or in equity by the unlicensed contractor.
   18         (a) For purposes of this section, an individual is
   19  unlicensed if the individual does not have a license required by
   20  this part concerning the scope of the work to be performed under
   21  the contract. A business organization is unlicensed if the
   22  business organization does not have a primary or secondary
   23  qualifying agent in accordance with this part concerning the
   24  scope of the work to be performed under the contract. For
   25  purposes of this section, if no state or local license is
   26  required for the scope of work to be performed under the
   27  contract, the individual performing that work shall not be
   28  considered unlicensed.
   29         (b) For purposes of this section, an individual or business
   30  organization may not be considered unlicensed for failing to
   31  have a business tax receipt issued under the authority of
   32  chapter 205. For purposes of this section, an individual or
   33  business organization may not be considered unlicensed for
   34  failing to have a license required by a local jurisdiction. A
   35  business organization may not be considered unlicensed for
   36  failing to have a certificate of authority as required by ss.
   37  489.119 and 489.127. For purposes of this section, a business
   38  organization entering into the contract may not be considered
   39  unlicensed if, before the date established by paragraph (c), an
   40  individual possessing a license required by this part concerning
   41  the scope of the work to be performed under the contract has
   42  submitted an application for a certificate of authority
   43  designating that individual as a qualifying agent for the
   44  business organization entering into the contract, and the
   45  application was not acted upon by the department or applicable
   46  board within the time limitations imposed by s. 120.60.
   47         (c) For purposes of this section, a contractor shall be
   48  considered unlicensed only if the contractor was unlicensed on
   49  the effective date of the original contract for the work, if
   50  stated therein, or, if not stated, the date the last party to
   51  the contract executed it, if stated therein. If the contract
   52  does not establish such a date, the contractor shall be
   53  considered unlicensed only if the contractor was unlicensed on
   54  the first date upon which the contractor provided labor,
   55  services, or materials under the contract.
   56         Section 2. This act applies retroactively to contracts
   57  entered into on or after October 1, 2000, and applies to all
   58  actions that are pending on or are filed on or after the
   59  effective date of this act.
   60         Section 3. This act shall take effect upon becoming a law.

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