Florida/Georgia Personal Injury & Workers Compensation

...ts have the authority to, and do, supervise the project entered into under their name and by use of their contractor's license. Section 489.113, Fla. Stat. (1979), prohibits any person from acting as a contractor without being licensed by the Board. Section 489.105 defines "contractor" as "the person who is qualified for and responsible for the entire project contracted for." The only way a company may be a contractor is by obtaining an individual licensed as a contractor as its "qualifying agent." § 489.119, Fla....

...Cepcot Corporation (Cepcot) owns and operates several pool supply stores in Florida. Its business includes a division that repairs damaged pools and replaces parts in broken water treatment systems. Cepcot admits that a contractor's license, pursuant to section 489.105(3), Florida Statutes (1993), is needed to operate this division....

...not require a contractor's license. California Chem. Co. v. Department of Professional Regulation, Constr. Indus. Licensing Bd., 501 So.2d 728 (Fla. 1st DCA 1987). However, since that decision, the legislature has repeatedly amended chapter 489. In section 489.105(3), these amendments altered the definition of "contractor," as well as the definitions of "commercial pool contractor," "residential pool/spa contractor," and "swimming pool/spa servicing contractor." [1] As a result, a controversy *...

...Cepcot petitioned for a declaratory statement under section 120.565. In June 1994, the Construction Industry Licensing Board (the Board) of the Department of Business and Professional Regulation conducted a hearing to resolve the dispute. At the time of the hearing, chapter 489 stated, in part: 489.105 Definitions....

..." A portion of the Board's reasoning is correct. Before determining whether a person is a pool/spa servicing contractor or a residential pool/spa contractor, it is necessary to decide whether the person is a contractor. The job scope descriptions in section 489.105(3) are segments of the broader definition of "contractor." Thus, a person is not a pool/spa servicing contractor unless he or she falls within both the broad definition of "contractor" and the narrower definition of "swimming pool/spa...

...We reverse the order to the extent that it holds pool cleaning, in the absence of other repair or replacement activity, to be contracting. Affirmed in part, reversed in part, and remanded. PATTERSON, A.C.J., and LAZZARA, J., concur. NOTES [1] Between 1988 and 1992, the applicable provisions of section 489.105 were amended as follows: Effective October 1, 1988, subsection ( l ) was amended to include the direct infusion of chlorine gas, and in subsections (k) and ( l ), the words "any person" were substituted with the words "a contractor." Ch....

...nt is certified or registered. § 489.119(3)(a), Fla. Stat. (1997). Any person who wishes to engage in the business of contracting in Florida must comply with the certification or registration requirements. § 489.113(2), Fla. Stat. (1997); see also § 489.105(7)-(11), Fla. Stat. (1997). The specific certification or registration criteria are relative to whether a contractor wants to engage in contracting business statewide or in a localized area within the state. § 489.113(1), Fla. Stat. (1997); see also § 489.105(7)-(11), Fla....

...Section 2-15.03(1) thereof provides: It shall be an unfair or deceptive act or practice for any home improvement contractor or home contractor ... to make any misrepresentation in the procurement of a construction contract or to make any false promise of a character likely to influence, persuade or induce. Next, we consider section 489.105(3), Florida Statutes (1979), which defines contractors and general contractors as a person: who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from,...

...e who is certified or registered; (2) the construction work is within the scope of the supervisor's license; and (3) the person being supervised is not performing the type of construction work that would require a contractor's license under sections 489.105(3)(d)-( o ), Florida Statutes (2001). One type of construction work that would require a contractor's license under section 489.105(3)(e) is that of a "roofing contractor." [3] Quality argues that it qualified for the exception to the licensing requirement under section 489.113(2) because its work was performed under the supervision of Deep South, which is a certified licensed roofing contractor. Assuming Quality's roofing work was supervised by Deep South as a certified licensed roofing contractor, Quality qualified for the exception only if it was not performing the work of a "roofing contractor" under section 489.105(3)(e). Section 489.105(3)(e) defines a "roofing contractor" as "a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design ......

...defined as "the person who is qualified for, and shall only be responsible for, the project contracted for and means ... the person who, for compensation, undertakes to ... construct, repair, alter, remodel,... or improve any building or structure." § 489.105(3). Quality's act of entering into contracts to install all roof, wall, and soffit panels on a new building made it the entity responsible for and the entity undertaking the improvement of a building. Thus, Quality qualified as a "contractor." § 489.105(3); cf. Sterner v. Phillips, 721 So.2d 450, 452 (Fla. 5th DCA 1998) (holding that a tenant who was to expend money and labor to renovate property was a "contractor" under section 489.105(3)); Stokes v....

...Therefore, it is a contractor."). This undertaking shows that Quality has the experience, knowledge, and skill to install and use materials and items used in the installation *381 of roofing and qualifies as a "roofing contractor" under the plain language of section 489.105(3)(e)....

...State, 474 So.2d 1206, 1208 (Fla. 2d DCA 1985) (affirming trial court's finding that a person who applies sealant to a roof, cleans the gravel off the roof, replaces portions of the roof, and installs felt on a roof is a "roofing contractor" under section 489.105(3)(e)); Op. Att'y Gen. Fla. 96-46 (1996) (stating that the installation of shingles on an already existing roof must be subcontracted to a licensed roofing contractor). Because Quality was performing the work of a roofing contractor under section 489.105(3)(e), it was engaged in work that requires a license under that section....

...For these reasons, the trial court erred in denying Deep South's motion for summary judgment. Reversed and remanded. FULMER and KELLY, JJ., Concur. NOTES [1] Florida law classifies construction contractors into two groups: certified contractors or registered contractors. § 489.105(8), (10), Fla....

...conditioning contracting, mechanical contracting, commercial and residential swimming pool and spa contracting, swimming pool/spa servicing contracting, plumbing contracting, underground utility and excavation contracting, and solar contracting. See § 489.105(3)(d), (f)-( o ), Fla....

...Liability of Builder of Residence For Latent Defects Therein As Running To Subsequent Purchasers From Original Vendee, 10 ALR 4th 385; e.g. Redarowicz v. Ohlendorf, 92 Ill.2d 171, 65 Ill.Dec. 411, 441 N.E.2d 324 (1982). [2] "Contractor" is defined by Section 489.105(3), Florida Statutes (1979). [3] "Qualifying agent" is defined by Section 489.105(4), Florida Statutes (1979).

...With the agreement of the State the Defendant consented to trial without jury. 2. In denying the Defendant's Motion For Judgment of Acquittal and in finding the Defendant GUILTY, the Court found that the Defendant's actions constituted those of a person acting in the capacity of a roofing contractor, as defined in F.S. § 489.105(3)(e)....

...o. 1 and 2 in evidence) constituted services in the roofing trade and the use of materials and items in the installation of roofing and waterproofing. Accordingly, the Court found that the services of the Defendant were within the definition of F.S. § 489.105(3)(e) and that the Defendant had been paid $1250.00 for these services (see State's Exhibit No....

...oes not fall within the fourteen (14) exemptions contained in F.S. § 489.103 for the reason that the majority of the exemptions cited therein have no relevance or application to the specified activities of a "roofing contractor", as defined in F.S. § 489.105(3)(e)....

...icense, and counts one and two of the amended information, organized fraud and grand theft first degree. The trial court found that the state could not prove that Summerlot contracted without a license, as he was a certified contractor as defined by section 489.105(8), Florida Statutes (1991)....

...ntracting without a license and grand theft, where Summerlot misrepresented the status of his contractor certificate. The trial court found that the state could not prove that Summerlot contracted without a license, as he was certified as defined by section 489.105(8) and section 489.127(1), Florida Statutes (1991), which did not specify that his certificate must be active....

...tus of his license. See Iglesias v. State, 676 So.2d 75, 76 (Fla. 3d DCA 1996)(trial court improperly dismissed grand theft charge where defendant misrepresented that he was a licensed contractor). Furthermore, the technical requirements of sections 489.105 and 489.127(1) regarding contracting without a license are not dispositive of Summerlot's motion to dismiss the grand theft charge in this case....

...ontracts entered into on or after October 1, 1990 and performed by a contractor who had failed to maintain his license were unenforceable in law or in equity. The motion alleged that Sterner fell within the definition of a "contractor" as defined in section 489.105, Florida Statutes (1995), and that he had been unlicensed when the contract with Phillips was performed....

...improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection.... § 489.105(3), Fla....

...This relationship appears to fall within the definition of "contractor," as used in the statute, which includes a "person who, for compensation... does himself or by others ... repair [or] ... remodel ... any building or structure... for resale to others...." § 489.105(3), Fla....

...and control construction activities on a job for which he has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this act, as attested by the department. § 489.105(4), Fla....

...Thus, it appears that the gross negligence which authorizes discipline must result from Mr. O'Connor's own acts, and cannot be imputed to him from the technician's acts. Reversed and remanded with directions. LEHAN, A.C.J., and PATTERSON, J., concur. NOTES [1] § 489.105(3)(f), Fla....

...only used in the construction industry. Kone simply maintains Humana's elevators and, as a result, does not qualify as one of the enumerated parties listed in the statute. In particular, nothing before us shows that Kone is a general contractor. See § 489.105(3)(a), Fla....

...s contract"). Kone is simply a party to an elevator maintenance agreement. Had the Legislature intended this statute to apply to all contracts concerning real property, it could have simply included the term "contractor" in the statute. See, e.g., §§ 489.105(3), 713.01(7), Fla....

...e performed under the contract. . . . For purposes of this section, if no state or local license is required for the scope of work to be performed under the contract, the individual performing that work shall not be considered unlicensed. Fla. Stat. § 489.105(3) sets forth the definition of "contractor" and provides in "Contractor" means the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for...

...First, the individual must "construct, repair, alter, remodel, add to, demolish, subtract from or improve" a structure; second, the individual who engages in such an undertaking must have a job scope that is "substantially similar" to a job scope described in subsections (a) through (q) of § 489.105(3), which includes "general contractor", "roofing contractor" and "specialty contractor"....

..."Specialty contractor" means a contractor whose scope of work and responsibility is limited to a particular phase of construction and whose scope is limited to a subset of the activities described in the categories established in one of the paragraphs of this subsection. Fla. Stat. § 489.105(3)(a)(e) & (q)....

...See Deep South Sys., Inc. v. Heath, 843 So.2d 378, 380-81 (Fla. 2nd DCA 2003) (an entity's act of entering into contracts to install all roof, wall and soffit panels on a new building qualified it as a roofing contractor, and thus a contractor requiring a license, under § 489.105(3)); see also Terranova v....

...were specialty contractors, at least some discussion is necessary. The Construction Industry Licensing Board's (the administrative agency that regulates the construction industry in Florida), see Fla. Stat. § 489.107, official website recapitulates § 489.105(3)(e)'s definition of "specialty contractor" and adds that "[s]pecialty contractors include Specialty Structure Contractors, Gypsum Drywall Contractors and Glass and Glazing Contractors." [5] [6] *1348 Section 61 G4-15.015 of the Florida A...

...registered, provided that the work is within the scope of the supervisor's license and provided that the person being supervised is not engaged in construction work which would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-( o )....

...Defendants' argument fails because the statute clearly requires that the supervisor (plaintiff) hold a license. Plaintiff was not "registered", "certified" or "licensed". [7] [8] Further, the Court's finding that defendants *1349 worked as roofing contractors, which is a category requiring licensure under § 489.105(3), precludes any claim that defendants were not required to be licensed under § 489.113(2)....

...n be severed from the "illegal" portions of the contract (i.e., those portions relating to the construction of the roofs). IV. CONCLUSION For the foregoing reasons, this Court hereby holds: a. Defendants acted as roofing contractors under Fla. Stat. § 489.105(3)(e); b....

...[3] "Structural component" means any vertical or horizontal load-bearing member of a structure which supports dead or live loads in addition to its own weight and includes, but is not limited to, a foundation, an exterior or interior load-bearing wall, a column, a column beam, a floor, and a roof structure. Fla. Stat. § 489.105(15)....

...t confusing. However, the following footnote from the Deep South decision sheds light on the interrelationship among these three terms: Florida law classifies construction contractors into two groups: certified contractors or registered contractors. § 489.105(8), (10), Fla....

...The statute requires that a business be duly certified before it engages in the contracting business, section 489.127(1)(f), Florida Statutes (1989). The definitions of that chapter make it clear that to be certified a contractor or business organization must possess a certificate from the Department. See § 489.105(7), (8), (11), Fla....

section 489.128(1). Those terms are defined in section 489.105, Florida Statutes (2003), as follows: (4) “Primary

...Oak Park moved for summary judgment, arguing that pursuant to section 489.128, Florida Statutes (2007), entitled "Contracts entered into by unlicensed contractors unenforceable," A-1 could not enforce its contract with Oak Park because A-1 was an unlicensed contractor. See § 489.105(3), Fla....

concluded Garner qualified as a contractor. See § 489.105(3), Fla. Stat. However, the trial court’s, reliance

...rol construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. Section 489.105(4)....

...e, and control construction activities on a job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. Section 489.105(5)....

...The trial court agreed, denying relief on all counts except replevin. MMII argues there is no licensure requirement for selling and installing audio entertainment systems. We agree. The issue involves a matter of statutory interpretation, namely whether the trial court correctly interpreted §§ 489.105 and 489.505, Florida Statutes (2009). Section 489.105(3) reads: "`Contractor' means the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to...

..." [e.s.] [1] The only possible subsection for a vendor of audio entertainment systems is specialty contractor. That provision is inapplicable here because the statute provides the work of a specialty contractor is "limited to a subset of the activities described in one of the paragraphs of this subsection." § 489.105(3)(q). MMII's activities do not fall within the scope of those activities listed in the subsections. § 489.105(a)-(q)....

...aragraphs of this subsection ... Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)-(q) ..." Fla. Stat. § 489.105(3); (Defendants' Motion for Summary Judgment, DE 188, p....

..."`General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and who may perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113." Fla. Stat. § 489.105(3)(a); (Defendants' Motion for Summary Judgment, DE 188, p....

...s in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building." Fla. Stat. § 489.105(3)(b); (Defendants' Motion for Summary Judgment, DE 188, p....

...s any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences. Fla. Stat. § 489.105(6); (Defendants' Motion for Summary Judgment, DE 188, p....

may contract only in such jurisdictions." 6 Section 489.105(3)(d)-(o), F.S., define the following: sheet

...12 Therefore, the employees of a registered or certified contractor are not exempted from local regulation by the provisions of Part I, Ch. 489 , F.S. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Sections 489.113 and 489.115 , F.S. 2 Section 489.113 (1), F.S. 3 Section 489.113 (4), F.S. And see, s. 489.105 (8), F.S., defining a "[c]ertified contractor" to mean "any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction." 4 Section 489.117 (2), F.S. And see, s. 489.105 (10), F.S., defining a "[r]egistered contractor" to mean "any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued....

...Registered contractors may contract only in such jurisdictions." 5 Sections 489.101 and 489.107 , F.S. 6 Section 489.127 (1)(f) and (3), F.S. 7 Section 489.127 (3)(e), F.S. 8 Violations of the statute constitute a misdemeanor of the first degree, punishable as provided in s. 775.082 , s. 775.083 , or s. 775.084 . 9 Section 489.105 (3), F.S. And see, s. 489.105 (6), F.S., defining "[c]ontracting" as "engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors." 10 But see, s....

is not certified by the State Fire Marshal. Section 489.105(3)(m), F.S., as amended by s 28, Ch. 82-179

inferred nor created absent express authority.3 Section 489.105(12), F.S. (1990 Supp.), provides that "[c]ategories

possess. The trial court noted that under section 489.105(3), “contractor” is defined as a (1) “person

...TO WHAT EXTENT ARE RESIDENTIAL AND BUILDING CONTRACTORS AUTHORIZED TO CONSTRUCT SWIMMING POOLS? Question One Your first question requires an analysis of the scope of work of a general contractor as set forth in Ch. 489 , F.S., the Construction Practice Act. Section 489.105 (3)(a), F.S., defines the term `general contractor' to mean: [a] contractor whose services are unlimited as to the type of work which he may do, except as provided in this act....

...Question Two The scope of work of a residential contractor is defined to include: [c]onstruction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. Section 489.105 (3)(c), F.S....

...three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. Section 489.105 (3)(b), F.S....

...These definitions do not include the construction, repair or servicing of swimming pools within their terms. Swimming pool contractors and pool servicing contractors are separately provided for and defined by paragraphs (j), (k) and (l) of subsection (3) of s 489.105 F.S....

contractor.4 A "[c]ontractor" is defined in section 489.105(3), Florida Statutes, as the person who is

...to be performed under the contract.” § 489.128(1)(a), Fla. Stat. (2019). BSO argues D Electrician was not properly licensed because it was not licensed to perform the project’s excavation portion. In support, BSO relies on another statute within chapter 489, part I: section 489.105(3)(n), Florida Statutes (2019), which defines “[u]nderground utility and excavation contractor.” However, section 489.105(3)(n) does not contemplate that an underground utility and excavation contractor handles excavation for all utilities. Section 489.105(3)(n) contemplates that this type of contractor performs excavation for projects involving “continuation of utility lines from the main systems to a point of termination . . . .” Id. Just prior to this language, section 489.105(3)(n) identifies what “main systems” this refers to: “main sanitary sewer collection systems, main water distribution systems, [and] storm sewer collection systems . . . .” Id. This portion of section 489.105(3)(n) does not mention electrical systems. The circuit court did not limit section 489.105(3)(n)’s applicability to those “main systems,” but instead conducted its own research to define “utility lines” in the statute....

...The court also cited section 366.02, Florida Statutes (2019), which defines certain public utilities for chapter 366 and refers to an “electric utility.” The court also cited the Merriam-Webster dictionary definition of “utility.” Turning to those sources to define “utility” in section 489.105(3)(n) was unavailing. Although section 489.105(3)(n) contains the word “utility,” the legislature did not give that word an unlimited meaning—the statute instead applies to services on “utility lines from the main systems to a point of termination . . . .” § 489.105(3)(n), Fla. Stat. (2019). And “main systems” refers to “main sanitary sewer collection systems, main water distribution systems, [and] storm sewer collection systems . . . .” Id. The definition of “utility” in section 489.105(3)(n) is limited to what the statute contemplates: water and sewer systems. 4  Section 489.105(3)(n) is also inapplicable for a second reason. Section 489.105(3)(n)’s second half spells out the conduits that an underground utility and excavation contractor may install: empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and s...

...municipality, county, or public utility and the installation of such conduit does not include installation of any conductor wiring or connection to an energized electrical system. Id. The conduits in this case are the type of conduit which section 489.105(3)(n) expressly forbids an underground utility and excavation contractor from installing: conduits connecting to an energized electrical system....

...Electrician did not hold that type of license.” This argument fails for two reasons. First, excavation is not “any other craft” as it was specifically mentioned in section 489.537(2)(a) as within an electrical contractor’s scope of work. See id. Second, as stated above, section 489.105(3)(n) indicates that an underground utility and excavation contractor license is not necessary or relevant to electrical work. In fact, section 489.105(3)(n) expressly prohibits an underground utility and excavation contractor from installing conduit connected to an energized electrical system. See § 489.105(3)(n), Fla. Stat. (2019). We read chapter 489’s parts I and II together. Section 489.105(3)(n) requires an underground utility and excavation contractor license for excavation related to water, sewer, and stormwater systems. Section 489.105(3)(n) also permits such contractors to install empty underground conduit in certain areas, so long as an authorized or licensed professional designs the conduit system, and the conduit system does not involve conductor wiring or connection to an energized electrical system. See § 489.105(3)(n), Fla....

of" the particular trades described by statute. § 489.105(3). The legislature has specifically enumerated

the only way a company may be a contractor, § 489.105(3), Fla.Stat. (1991), is by obtaining an individual

work that otherwise requires licensure under section 489.105(3)(d)-(o), Florida Statutes. Section 489.117

...ll throughout the house, did not replace damaged wood framing, and did not repair the air conditioning ducts. Further, the trial court determined that Guevara admitted that he did not carry a contractor’s license, citing to section 489.128 and 489.105(3)(c), Florida Statutes, regarding contractor license requirements....

...were performed under circumstances fairly raising a presumption that the parties understood and intended that compensation was to be paid.” 6  The trial court cites to the definition of “contractor” in section 489.105(3)(c), Florida Statutes, which states, in relevant part, (3) “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this par...

...ter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; . . . The exemption referred to in subsection (3)(c) exists in section 489.105(7)(a), which provides that no “contractor license” is required for, (7)(a) Owners of property when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors: 1....

...ements and only wish to contract in those areas for which their competency is established. The only authority the State Construction Board asserts over these local contractors is “registration,” consisting of enrolling their names on a list (see Section 489.105, Florida Statutes)....

...letter does not identify the specific type of contractor involved in your inquiry except to mention the construction of swimming pools. I would note that this type of construction is not restricted to one group of certified contractors as defined in s. 489.105 , F.S. (1986 Supp.). See, s. 489.105 (3)(a), (j), and (k), F.S....

...nsation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. Section 489.105 (3), F.S. (1986 Supp.). And see, s. 489.105 (a)-(c), F.S. (1986 Supp.), defining respectively the terms "[g]eneral contractor," "[b]uilding contractor," and "[r]esidential contractor"; and s. 489.105 (3)(d)-(m), F.S....

F.S. (1992 Supp.). 6 Section 489.105(8), F.S. (1992 Supp.). 7 Section 489.105(10), F.S. (1992 Supp.)

...into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor. SG maintains that Complimenti acted as a contractor, as defined in section 489.105(3), Florida Statutes (2020), which provides in pertinent part as follows: (3) “Contractor” means the person who is qualified for, and is only responsible for, the project contracted fo...

...“First, the individual must ‘construct, repair, alter, remodel, add to, demolish, subtract from or improve’ a structure . . . .” Id. Second, “the individual who engages in such an undertaking must have a job scope that is ‘substantially similar’ to a job scope described in subsections (a) through (q) of § 489.105(3), which includes ‘general contractor’, ‘roofing contractor’ and ‘specialty contractor’.” Id. The trial court found that the “record evidence presented in this matter conclusively establishes that the licensed Gen...

...Antonio Luvara.” We agree with Complimenti that these findings are supported by competent substantial evidence, and therefore, the trial court did not err in concluding that Complimenti was not a “contractor” as defined in section 6 489.105(3)....

RAB/tjw 1 Section 489.105(3)(a), Fla. Stat. 2 Section 489.105(3)(b), Fla. Stat. 3 Section 489.105(3)(c),

...The subcontractor contends that it was not required to obtain a license because the general contractor was merely paying it to supply labor and equipment to repair and construct a water pipeline and perform excavation work. However, “Con *554 tractor” is defined in section 489.105(3), Florida Statutes (2003) as follows: “Contractor” means the person who is qualified for, and shall only be responsible for, the project contracted for and means ......

...and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection. The construction of water pipelines and underground facilities is within the job scope described in the statutory provisions. See § 489.105(3)(m) — (n), Fla....

...organization.” Id. § 489.119(2) (emphasis added).2 To qualify a business organization contractor for the first time, the agent must apply to the Construction Industry Licensing Board (“Board”) and submit certain documents and a fee. See id. §§ 489.105(1), (19), 2 The statutory exception to this requirement was not raised by Appellant and is inapplicable here....

...perform the obligations of a qualifying agent to raise a material 3 The statutory scheme distinguishes between a primary and secondary qualifying agent based on the extent of the agent’s responsibilities on behalf of the business organization. See id. § 489.105(4)–(5)....

...application to qualify Appellant with the Department. Viewing the statutory provisions together, Bradford could not become Appellant’s qualifying agent until he applied with the Board and was issued a certificate or registration by the Department. See id. § 489.105(19) (“‘Initial issuance’ means the first time a certificate or registration is granted to a[] ....

...We do not believe our interpretation renders subsection (5) meaningless. The word “utilities” in subsection (1) refers to a type of facility, whereas the term “public utility” in subsection (5) refers to a type of business entity. Subsection (1) exempts contractors as defined in section 489.105(3) from doing work on utilities....

...resulting from the negligent construction of the restaurant. See ABD Const. Co. v. Diaz, 712 So.2d 1146 (Fla. 3d DCA 1998)(contractor acting as qualifying agent for out-of-state company generally liable for injuries arising from construction, citing section 489.105(4), Florida Statutes (2000))....

he may do, except as provided in this act. Section 489.105(3)(a), F. S. A `building contractor' means

...ench, and therefore, could not have approved that act. Further, as the qualifying agent, ABD "has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the *1148 building permit, ..." § 489.105(4), Fla....

...(2024) (“Any person performing an activity requiring licensure under [Chapter 489, Part I] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity[.]”); § 489.105(6), Fla....

...Absent an ambiguity in the language, the rule of lenity is inapplicable. Bautista, 863 So.2d at 1183 . Chapter 489, part I, regulates construction contracting in the interest of the public health, safety, and welfare. § 489.101, Fla. Stat. (2001). Section 489.105(3) defines contractor as follows: “Contractor” means the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, unde...

...e contractors defined in paragraphs (a)(c), and Division II, consisting of those contractors defined in paragraphs (d)(q). Mr. Cook’s prior offense was for unlicensed residential contracting. That category of contractor is defined in Division I of section 489.105(3): (c) “Residential contractor” means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith. The offenses relevant in this appeal, unlicensed roofing contracting and unlicensed plumbing contracting, involve contractor categories defined in Division II of section 489.105(3): (e) “Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law,...

...xperience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or, when not prohibited by law, design plumbing. ... Each category of contractor described above falls within the broader definition of “contractor” in section 489.105(3)....

...in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority.” This statutory provision makes no distinction among the contractor categories defined in Divisions I and II of section 489.105(3)....

...application of the rule of lenity. Section 489.127(l)(f), under which Mr. Cook was charged, prohibits one from engaging in the business or acting in the capacity of a “contractor” without a license. The definition of a “contractor,” found in section 489.105(3), encompasses all those contractors whose job scope falls within subparagraphs (a)-(q) of that section, including residential, roofing, and plumbing contracting. These subdefinitions merely identify those categories of contractors falling within the definitional ambit of section 489.105(3)....

...st offense. The statute does not require a subsequent offense to involve the same subtype of contracting as the first offense to subject Mr. Cook to felony charges. Mr. Cook’s activity as an unlicensed “contractor” in a category encompassed by section 489.105(3) is sufficient to warrant the felony charges....

...performing as a contractor without a license and without bene *1193 fit of exemption. On this issue, we conclude that there is no evidence in the record to establish that ICWD was performing as a contractor as defined by the applicable statute. See § 489.105(3), Fla....

...(b). We conclude therefore that a “local construction regulation board” is the local governmental entity intended to carry out section 489.113(4)(c) as well as (4)(b). Second, the legislature has provided for a specific controlling definition in section 489.105(12) that a “ ‘[l]oeal construction regulation board’ means a board, composed of not fewer than three residents of a county or municipality, which the governing body of that county or municipality may create and appoint to mainta...

...and opinions expressed apply to all licensing categories referenced in both parts of said chapter. 1 See , AGO's 79-112 and 90-73. 2 Section 489.129 , F.S., was amended by s. 24, ch. 90-109 and s. 40, Ch. 90-228, Laws of Florida 3 See , AGO 90-73. 4 Section 489.105 (7), F.S., defines "Certificate" as "a certificate of competency issued by the department as provided in this part." Section 489.105 (8), F.S., defines "Certified contractor" as "any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction." Section 489.105 (2), F.S., defines "Department" as "the Department of Professional Regulation." 5 See , AGO 90-73....

...California Chemical Company’s procedure for the chemical treatment of residential swimming pools through a technique involving the direct infusion of chlorine gas from a portable tank through a diffusion “wand” into the swimming pool water does not require that appellant be licensed under section 489.105(3), Florida Statutes (1985)....

...y & Development, Inc. A qualifying agent is a person who holds the construction license through which a contracting company operates. A qualifying agent is responsible for supervising, directing, managing and controlling construction activities. § 489.105(4), Fla....

...The Construction Industry Licensing Board then investigates the "financial responsibility, credit, and business reputation of the qualifying agent and the new business organization" before the Department of Business and Professional Regulation issues a certificate of authority to the business. § 489.119(3)(c). As defined in section 489.105(4): "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization...

...her competent individual as its qualifying agent. Further, as the qualifying agent, Scherer had the statutory responsibility "to supervise, direct, manage, and control" SCE's activities "on a job for which he . . . obtained the building permit." See § 489.105(4)....

...lysis of two categories of law: (1) chapter 489’s governing remedies for licensing violations; and (2) Palm Beach County ordinance and code provisions governing remedies for competency certification violations. 1. State Provisions Section 489.105(3), Florida Statutes (2018), defines who is a “Contractor” as the term used in Chapter 489: “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for and means, ex...

...s subsection. . . . Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)--(q)[.] § 489.105(3), Fla....

...The listing and definition of contractor types in subsections (a)-(q) that are potentially relevant to this case are “commercial pool/spa contractor,” “residential pool/spa contractor,” and “swimming pool/spa servicing contractor.” § 489.105(3)(j), (k), and (l), Fla. Stat. However, based on the work performed by the Contractor, it does not appear a state license was required pursuant to section 489.105(3)....

the job are independent contractors. See also § 489.-105(3), Fla.Stat. (1985) (“contractor” means the

...ificate of competency for the type of work for which he seeks *47 registration, and he provided evidence of passing an appropriate local exam on a form provided by the Department of Business and Professional Regulation. See § 489.513(3). Nowhere in section 489.105, which defines registration, or section 489.513, which governs the registration process, is anything more required....

...Vetter registration of his Charlotte County license, but the ECLB has not taken those into consideration, basing its denial only on its erroneous construction of section 112.011. We therefore reverse the denial of registration and remand for further proceedings. Reversed and remanded. DAVIS and SILBERMAN, JJ., Concur. . Section 489.105(8), Florida Statutes (2004), defines "Certified contractor" as "any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction.” Section 489.105(10) defines “Registered contractor” as "any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued....

...We disagree and affirm.2 Relevant Statutes This appeal involves several related licensure statutes. In Florida, certain contractors, such as roofing contractors, are required to obtain state certification and licensure. § 489.105(3), Fla....

...[I]f 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. Turning to the definition of “contractor,” section 489.105(3) provides: “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for and means, 2 We affirm the judgment without further comment as to Ma...

...2d 1343, 1346 (M.D. Fla. 2006)]. Second, “the individual who engages in such an undertaking must have a job scope that is ‘substantially similar’ to a job scope described in subsections (a) through (q) of § 489.105(3), which includes ....

...related work, required roof-deck attachments, and any repair or replacement of wood roof sheathing or fascia as 3  needed during roof repair or replacement and any related work. § 489.105(3)(e), Fla. Stat. 2020). (Also relevant to this appeal is the term “contracting,” which includes in its definition the term “contractor” but is defined separately under section 489.105(6), Florida Statutes (2020): “Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors....

...two was unenforceable by Bollinger. Thereafter, Bollinger filed suit. Marlin and Bollinger filed cross motions for summary judgment on the issue of the contract’s enforceability under section 489.128. Marlin relied on the definition of “contracting” contained in section 489.105(6), arguing that because Bollinger was selling roof repair and replacement services without a license, he was engaged in unlicensed contracting, and any underlying agreement between Bollinger and Marlin for a commission as a result of those sales was unenforceable by Bollinger under section 489.128. Bollinger, in turn, argued in his motion that he was not a “contractor,” a “roofing contractor,” or “contracting” as defined by sections 489.105(3), (3)(e), or (6), but rather was a salesman selling roofing services on behalf of Marlin (itself a licensed contractor)....

...license number, and logo on them. Aaron also testified that the customers understood they were contracting with Marlin, not Bollinger, when they signed the contracts. The trial court determined that as a salesperson, Bollinger was not a “roofing contractor” under section 489.105(3)(e), and therefore not a “contractor” as defined in section 489.105(3), because he did not perform the “installing, maintaining, repair[ing], alter[ing], extend[ing] or design[ing of] any type of roofing.” It also determined that Bollinger was not engaged in “contracting” as defined by section 489.105(6) because that definition “require[d], in the first instance, that the person doing the ‘contracting’ be a ‘contractor.’” Accordingly, the trial court found that section 489.128, making contracts entered into by unlicensed contractors unenforceable, was not applicable to Bollinger....

...repair[ing], alter[ing], extend[ing] or design[ing of] any type of roofing.” Focusing, then, on the second prong of the test observed in Complimenti,4 none of his duties fit within the scope of a roofing contractor so his job was not “substantially similar” to that described in section 489.105(3)(e), “roofing contractor.” Accordingly, because Bollinger does not meet the second prong under section 489.105(3), Bollinger was not a “contractor.” 4 Both parties suggest that Bollinger fits within the first prong of the definition because Bollinger submits construction service bids to customers, even though the bids he submitted were on behalf of Marlin....

...We confine our discussion to the second prong of the analysis as that is the argument raised and, in any event, is dispositive here. 7  Notwithstanding Bollinger not meeting the definition of “contractor” in section 489.105(3), Marlin contends that Bollinger’s selling of Marlin’s roofing services brought him within the ambit of the definition of “contracting” as used in section 489.105(6). See § 489.105(6) (“The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting.”). Marlin misunderstands section 489.105(6)....

...While Bollinger made determinations concerning wind damage, the existence of an off-ridge vent, the type of underlayment required, measurements, and whether a roof needed to be repaired or replaced, this type of work is not covered in the definition of “roofing contractor.” See § 489.105(3)(e) (noting that to be a “roofing contractor” a person must “use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating”). Accordingly, none of these duties places Bollinger within the definition of “contractor” or “contracting.” See § 489.105(3), Fla. Stat. (defining “contractor,” in part, as a person whose job scope fits within the definition of “roofing contractor”); § 489.105(6), Fla....

...The Chapter explains that, for purposes of determining contracting licensure under section 489.128(1)(a), "[a] business organization is unlicensed if the business organization does not have a primary or secondary qualifying agent. . . ." § 489.128(1)(a), Fla. Stat. (2009). Section 489.105, Florida Statutes, defines qualifying agents as follows: (4) "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control...

...e, and control construction activities on a job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. § 489.105(4)-(5), Fla....