Cases from cite.case.law:

GABLES INSURANCE RECOVERY, INC. v. CITIZENS PROPERTY INSURANCE CORPORATION,, 261 So. 3d 613 (Fla. App. Ct. 2018)

. . . See, e.g., §§ 489.128, .532, Fla. . . .

GRIFFIN, v. ARX HOLDING CORPORATION,, 208 So. 3d 164 (Fla. Dist. Ct. App. 2016)

. . . Section 489.128(1), Florida Statutes (2016), is also helpful by analogy. . . .

BROCK v. GARNER WINDOW DOOR SALES, INC,, 187 So. 3d 294 (Fla. Dist. Ct. App. 2016)

. . . argue in the alternative that Appellee may not assert the limitations defense, pursuant. to section 489.128 . . . Section 489.128 precludes an unlicensed contractor from enforcing a contract. . . . Nothing in section 489.128 or Earth Trades, Inc., precludes a defendant in this circumstance from asserting . . . I agree with the majority that nothing in section 489.128, Florida Statutes, or Earth Trades, Inc., would . . .

TAYLOR MORRISON SERVICES, INC. f k a v. ECOS, 163 So. 3d 1286 (Fla. Dist. Ct. App. 2015)

. . . . § 489.128(1), Florida Statutes (2008). We reverse because Appellant met this requirement. . . . Section 489.128(l)(c) further instructs that “a contractor shall be considered unlicensed only if the . . . Section 489.128(l)(c) precludes considering events that occur after that date, by instructing that a . . . Section 489.128(1)(a)’s requirement that the business organization have a qualifying agent “concerning . . . Although the plain language of sections 489.128(1) and 489.105(4) and (5) is sufficient to establish . . .

VISITING NURSE ASSOCIATION OF FLORIDA, INC. v. JUPITER MEDICAL CENTER, INC., 154 So. 3d 1115 (Fla. 2014)

. . . that although Commercial Interiors may have violated a local ordinance, it had not violated section 489.128 . . . findings of fact, the subcontracts were not enforceable, and the arbitrator had misapplied section 489.128 . . .

VILLAGE AT DOLPHIN COMMERCE CENTER, LLC, v. CONSTRUCTION SERVICE SOLUTIONS, LLC,, 143 So. 3d 942 (Fla. Dist. Ct. App. 2014)

. . . its first affirmative defense, the Owner asserted that the contract was unenforceable under section 489.128 . . . the Owner filed this action seeking a declaration that CSS’s claim of lien was invalid under section 489.128 . . . award and the Owner filed a motion to vacate the award based on CSS’s failure to comply with section 489.128 . . . Rather, Earth Trades addresses the issue of whether a contractor who was in violation of section 489.128 . . . 5th DCA 2007), a property owner claimed that its construction contracts were illegal under section 489.128 . . .

MACCHIONE, v. STATE, 123 So. 3d 114 (Fla. Dist. Ct. App. 2013)

. . . T & G Corp., 108 So.3d 580, 585 (Fla.2013) (“In the title of the 2003 session law amending section 489.128 . . .

EARTH TRADES, INC. v. T G CORPORATION,, 108 So. 3d 580 (Fla. 2013)

. . . District Court of Appeal held that section 489.128, Florida Statutes (2005), which governs construction . . . In ruling against Earth Trades, the trial court cited changes to section 489.128 making any construction . . . The Fifth District’s holding that section 489.128 precluded the unlicensed contractor from raising an . . . However, these cases were decided under prior versions of section 489.128 that contrast sharply with . . . In 2003, the Legislature substantially amended section 489.128. . . .

AUSTIN BUILDING COMPANY, v. RAGO, LTD., 63 So. 3d 31 (Fla. Dist. Ct. App. 2011)

. . . Section 489.128, Florida Statutes (2005) provides: (1) As a matter of public policy, contracts entered . . . We note that “[effective [June 16, 2009], the amendments made ... to ss. 489.128(l)(a) and 489.532(l) . . . unlicensed because the last sentence in section 489.128(l)(a) is applicable only to an “individual” . . . As such, the phrase “the individual performing that work” in section 489.128(l)(a) would have little . . . The legislative history of section 489.128 also supports our conclusion. . . .

MGM CONSTRUCTION SERVICES CORP. v. TRAVELERS CASUALTY SURETY CO. OF AMERICA,, 57 So. 3d 884 (Fla. Dist. Ct. App. 2011)

. . . First Version of Summary Judgment Arguments At first, the moving parties focused on section 489.128(1 . . . pei'formed under the contract, the individual performing that work is not considered unlicensed.” § 489.128 . . . (detailing amendments to section 489.128(l)(a)). . . . Unlike section 489.128(1), the MDCO does not expressly provide that contracts entered into by unlicensed . . . The Dial Court’s Order Following the 2009 amendments to section 489.128, the issue before the trial court . . .

EARTH TRADES, INC. v. T G CORPORATION d b a T G, 42 So. 3d 929 (Fla. Dist. Ct. App. 2010)

. . . Prior to June 25, 2003, section 489.128, Florida Statutes (2001), provided that contracts performed in . . . indemnity agreement that the principal or indemnitor is unlicensed for purposes of this section. § 489.128 . . . The trial court’s decision below was consistent with the clear and unambiguous language of section 489.128 . . .

A- QUALITY CORP. v. OAK PARK TERRACE, INC., 32 So. 3d 166 (Fla. Dist. Ct. App. 2010)

. . . Oak Park moved for summary judgment, arguing that pursuant to section 489.128, Florida Statutes (2007 . . . See § 489.128(l)(a), Fla. . . .

ACTION FABRICATION, INC. v. CALDER RACE COURSE, INC., 23 So. 3d 1265 (Fla. Dist. Ct. App. 2009)

. . . See § 489.128, Fla. Stat. (2005). . . .

HEBERT, v. STATE, 25 So. 3d 612 (Fla. Dist. Ct. App. 2009)

. . . See § 489.128(1), Fla. . . .

COMMERCIAL INTERIORS CORPORATION OF BOCA RATON, A v. PINKERTON LAWS, INC. A, 19 So. 3d 1062 (Fla. Dist. Ct. App. 2009)

. . . finding that although the plaintiff may have violated a local ordinance, it had not violated section 489.128 . . . The arbitrator found, among other things, that Commercial Interiors did not violate section 489.128, . . . including the arbitration provision, were not enforceable, and that the arbitrator had misapplied section 489.128 . . .

CENTRAL FLORIDA LUMBER UNLIMITED, INC. v. I. QAQISH, L. a T. d b a TGF a a a, 12 So. 3d 766 (Fla. Dist. Ct. App. 2009)

. . . Central Florida Lumber suggests three reasons Judge Arnold’s ruling is erroneous: (1) section 489.128 . . . Section 489.128 Section 489.128, Florida Statutes (1999), provides that contracts performed by an unlicensed . . . The Plaintiffs argue that under section 489.128, Central Florida Lumber cannot enforce Doug Ross’s duty . . . We reject the Plaintiffs’ argument that section 489.128 operates to somehow extinguish the statutory . . . Regardless, for the same reasons that the operation of section 489.128 does not preclude the application . . .

MARINICH v. SPECIAL EDITION CUSTOM HOMES, LLC LLC, 1 So. 3d 1197 (Fla. Dist. Ct. App. 2009)

. . . an unlicensed contractor who was precluded from enforcing the construction agreement under section 489.128 . . .

DABASSE v. REYES,, 963 So. 2d 288 (Fla. Dist. Ct. App. 2007)

. . . Breach of contract was not alleged and would, we suspect, have been unavailing pursuant to section 489.128 . . .

CHARLES BOYD CONSTRUCTION INC. v. VACATION BEACH, INC., 959 So. 2d 1227 (Fla. Dist. Ct. App. 2007)

. . . Finally, we noted that section 489.128, Florida Statutes (2002), provided in part: (1) As a matter of . . .

BOATWRIGHT CONSTRUCTION, LLC, v. R. TARR, R. v. LLC,, 958 So. 2d 1071 (Fla. Dist. Ct. App. 2007)

. . . The trial court found that pursuant to section 489.128, Florida Statutes (2000), the initial contract . . . Section 489.128, Florida Statutes (2000) provides: As a matter of public policy, contracts entered into . . . Section 489.128 was amended effective April 13, 2007. See Ch.2007-5, 2007, Fla. . . .

FURMANITE AMERICA, INC. v. T. D. WILLIAMSON, INC. TDW, 506 F. Supp. 2d 1134 (M.D. Fla. 2007)

. . . stop” and “wet tap” services, and thus that it could not legally undertake these jobs under Section 489.128 . . . Section 489.128 only bars unlicensed contractors from enforcing contracts for work requiring a license . . . . § 489.128, Fla. . . . See, e.g., id. at § 489.128(b) (“if no state or local license is required for the scope of work to be . . . Furthermore, the Court questions whether Section 489.128 bars an unlicensed contractor from being a Plaintiff . . .

FULL CIRCLE DAIRY LLC, v. R. McKINNEY, II,, 467 F. Supp. 2d 1343 (M.D. Fla. 2006)

. . . Stat. § 489.128(l)(a) codifies Florida’s licensure requirements, and provides, in pertinent part: For . . . Stat. § 489.128(l)(a). C. . . . In 1993, the Legislature, with Laws 1993, c. 93-166, § 17, amended § 489.128(1). . . . Prior to the 1993 amendments, § 489.128(1) read: As a matter of public policy, contracts entered into . . . While there have been other changes to § 489.128(1) since, the relevant changes occurred in 1993 with . . .

LAKE EOLA BUILDERS, LLC, v. METROPOLITAN AT LAKE EOLA, LLC,, 416 F. Supp. 2d 1316 (M.D. Fla. 2006)

. . . An individual contractor is to be considered unlicensed for purposes of Section 489.128 if he or she . . . Section 489.128(l)(a). . . . Section 489.128(b). . . . Section 489.128(l)(a). . . . Section 489.128(l)(c). . . .

ORANGE COUNTY BUILDING CODES, v. STRICKLAND CONSTRUCTION SERVICES CORP., 913 So. 2d 718 (Fla. Dist. Ct. App. 2005)

. . . that failure to register a fictitious name does not invalidate the underlying contract under section 489.128 . . .

VACATION BEACH, INC. v. CHARLES BOYD CONSTRUCTION, INC., 906 So. 2d 374 (Fla. Dist. Ct. App. 2005)

. . . Finally, section 489.128, Florida Statutes (2004), provides in part: (1) As a matter of public policy . . .

SCOTT SON ENGINEERING, INC. v. TARAFA CONSTRUCTION, INC., 907 So. 2d 553 (Fla. Dist. Ct. App. 2005)

. . . See § 489.128, Fla. Stat. (2003). . . .

DISTRICT BOARD OF TRUSTEES, v. R. MORGAN,, 890 So. 2d 1155 (Fla. Dist. Ct. App. 2004)

. . . Section 489.128, Florida Statutes (1999), indicates that contracts performed in full or in part by a . . . Later, however, the legislature added section 489.128(l)(b), Florida Statutes, providing that a “business . . .

MARTIN DAYTONA CORPORATION, v. STRICKLAND CONSTRUCTION SERVICES,, 881 So. 2d 686 (Fla. Dist. Ct. App. 2004)

. . . At the time of the hearing, section 489.128 provided: As a matter of public policy, contracts entered . . . After the briefs were filed in this case, the legislature modified section 489.128 to add subsection . . . 489.128(l)(b): For purposes of this section, an individual or business organization shall not be considered . . . obtain a license under its fictitious name did not render it unlicensed for the purposes of section 489.128 . . . As pointed out in footnote 4 of the opinion, RAM. does not involve subsection 489.128(l)(b). . . .

RTM GENERAL CONTRACTORS, INC. v. G W RIVERWALK, LLC, a LP, a a LP, a a n k a, 893 So. 2d 583 (Fla. Dist. Ct. App. 2004)

. . . DeVore’s subsequent licen-sure, which arguably cured DeVore's violation of section 489.128, Florida Statutes . . .

R. A. M. OF SOUTH FLORIDA, INC. v. WCI COMMUNITIES, INC., 869 So. 2d 1210 (Fla. Dist. Ct. App. 2004)

. . . The provisions of section 489.128 concerning the enforcement of contractual rights under construction . . . In sum, the right R.A.M. had under the 1999 version of section 489.128 was not a vested right. . . . In Magil Construction, while suit was pending, the 2000 amendment to section 489.128 became effective . . . The 2000 version of section 489.128 was in force from July 1, 2000, through June 25, 2003. . . . See § 489.128(l)(b). Those provisions of the 2003 statute are not at issue in the instant case. . . . .

ISLAND CLUB WEST DEVELOPMENT, INC. v. MID- STATE PAVING CO. INC., 864 So. 2d 1191 (Fla. Dist. Ct. App. 2004)

. . . resolution of this issue centers upon whether the contract should be declared invalid pursuant to section 489.128 . . .

PROMONTORY ENTERPRISES, INC. v. SOUTHERN ENGINEERING CONTRACTING, INC., 864 So. 2d 479 (Fla. Dist. Ct. App. 2004)

. . . Hence the issue we must resolve is which version of section 489.128 applies. . . . . § 489.128(1), Fla. Stat. (2003). . . . The 2000 Version of Section 489.128 Application of the first inquiry to the 2000 version of section 489.128 . . . The 2003 Version of Section 489.128 When it enacted the 2003 version of section 489.128 in chapter 03 . . . See § 489.128(l)(b), Fla. . . .

REWARDS HOTEL MANAGEMENT COMPANY, LLC. v. ELITE GENERAL CONTRACTORS, INC. d b a NHRC, 860 So. 2d 1011 (Fla. Dist. Ct. App. 2003)

. . . Rewards Hotel Management contended that NHRC had violated section 489.128, Florida Statutes (2002), which . . . provides: 489.128. . . . Rewards argued that the issue of whether a party has violated section 489.128 is an issue for the court . . . NHRC contended that the alleged violation of section 489.128 was an issue to be decided by the arbitrators . . . In 2003, during the pendency of this appeal, the legislature amended section 489.128, with the amendment . . .

MIVAN FLORIDA INC. n k a v. METRIC CONSTRUCTORS, INC., 857 So. 2d 901 (Fla. Dist. Ct. App. 2003)

. . . Specifically, the trial court entered summary judgment in reliance on section 489.128, Florida Statutes . . . contractor obtains or reinstates his or her license, the provisions of this section shall no longer apply. § 489.128 . . . Specifically, Mivan argues that the “cure” provision of section 489.128 cures the delay in licensing . . . Hence, under the “cure” provisions of section 489.128, summary judgment for Metric was inappropriate. . . .

DEEP SOUTH SYSTEMS, INC. v. HEATH d b a, 843 So. 2d 378 (Fla. Dist. Ct. App. 2003)

. . . Section 489.128, Florida Statutes (2001), provides that contracts made by unlicensed contractors are . . . See § 489.128. . . .

KVAERNER CONSTRUCTION, INC. v. AMERICAN SAFETY CASUALTY INSURANCE COMPANY,, 847 So. 2d 534 (Fla. Dist. Ct. App. 2003)

. . . American moved for summary judgment pursuant to section 489.128, which renders contracts by unlicensed . . . Section 489.128 was enacted to protect the public from the activities of incompetent contractors. . . . Co., 759 So.2d 2 (Fla. 2d DCA 1999) (legislative history suggests that section 489.128 was intended to . . . Under section 489.128, it seems Kvaerner could not enforce its contract with Steel Tec. . . . In 2000, the Legislature amended section 489.128 to delete the last sentence, which allowed a contractor . . .

MICHNAL, v. PALM COAST DEVELOPMENT, INC., 842 So. 2d 927 (Fla. Dist. Ct. App. 2003)

. . . This motion was denied; the trial court found section 489.128 salvaged the legality and enforceability . . . Michnal’s summary judgment, the trial court found the legality of Palm Coast’s lien was salvaged by s. 489.128 . . . The controlling version of section 489.128, Florida Statutes (1999), provides: As a matter of public . . . registration after termination of contract, but before filing of lien, was ineffectual under section 489.128 . . . However, the trial court found Palm Coast’s lien claim, as a whole, was salvaged by s. 489.128. . . .

JOHN B. GOODMAN LIMITED PARTNERSHIP, L. L. P. v. THF CONSTRUCTION, INC. f. k. a., 321 F.3d 1094 (11th Cir. 2003)

. . . . § 489.128 rendered the contracts, and the arbitration clauses within the contracts, unenforceable. . . . Ann. § 489.128. . . . Finding that “Section 489.128, Florida Statutes (2001), makes clear that the arbitration provisions at . . . the district court, to determine whether the underlying contracts in general are enforceable under § 489.128 . . . Appellees cite other cases that hold or suggest that the court, not the arbitrator, should decide whether § 489.128 . . .

JOHNSON, v. BROWN,, 827 So. 2d 372 (Fla. Dist. Ct. App. 2002)

. . . Section 489.128, Florida Statutes (1999), states that, as a matter of public policy, contracts performed . . . Pursuant to section 489.128, she did not have an enforceable contract with her brother; therefore, she . . . Sangles, 637 So.2d 989 (Fla. 3d DCA 1994)(holding that section 489.128 barred homeowners’ action against . . . We reject appellant’s argument that under Section 489.128, Florida Statutes (1999), appellee is barred . . .

JOHN HANCOCK- GANNON JOINT VENTURE II, v. F. McNULLY d b a s a k a s C. E. J. H. J., 800 So. 2d 294 (Fla. Dist. Ct. App. 2001)

. . . Section 489.128, Florida Statutes (1993), provides that contracts entered into on or after October 1, . . . Additionally, as previously stated, this ruling ignores the mandate of section 489.128, which prevents . . .

MICRONAIR, INC. a v. CITY OF WINTER HAVEN, a, 800 So. 2d 622 (Fla. Dist. Ct. App. 2001)

. . . The City then took the position that under section 489.128, Florida Statutes (1999), the contract between . . . See § 489.128, Fla. Stat. (1999); Riverwalk Apartments, 779 So.2d at 539. . . .

THE PALMS, v. MAGIL CONSTRUCTION FLORIDA, INC., 785 So. 2d 597 (Fla. Dist. Ct. App. 2001)

. . . The question before us is whether the 2000 amendment to section 489.128, Florida Statutes, is retroactive . . . At that time, the relevant version of section 489.128, Florida Statutes, provided: Contracts performed . . . contractor obtains or reinstates his license, the provisions of this section shall no longer apply. § 489.128 . . .

RIVERWALK APARTMENTS, L. P. L. P. v. RTM GENERAL CONTRACTORS, INC., 779 So. 2d 537 (Fla. Dist. Ct. App. 2000)

. . . to consider its claim that the contracts were procured by fraud and were unenforceable under section 489.128 . . . As it did in the circuit court, RTM argues that section 489.128 and our decision in Poole and Kent Co . . . Section 489.128 provides that “as a matter of public policy, contracts entered into on or after October . . . Poole and Kent argued that the last sentence of section 489.128 only allowed for the enforcement of contracts . . . After the circuit court rendered its decision in this case, the legislature amended section 489.128 to . . .

POOLE AND KENT COMPANY, v. GUSI ERICKSON CONSTRUCTION COMPANY,, 759 So. 2d 2 (Fla. Dist. Ct. App. 1999)

. . . Section 489.128, Florida Statutes (1995), entitled “Contracts performed by unlicensed contractors unenforceable . . . Section 489.128 is a relatively new statute with little development in the case law. . . . A sentence in this nonfinal order discussing section 489.128, Florida Statutes (1995), was merely included . . .

STERNER, v. O. PHILLIPS, Jr., 721 So. 2d 450 (Fla. Dist. Ct. App. 1998)

. . . Phillips then moved for summary final judgment relying on section 489.128, Florida Statutes (1995), which . . . The court entered summary final judgment in favor of Phillips in apparent reliance on section 489.128 . . . the complaint appear sufficient to show that Sterner was a contractor within the meaning of section 489.128 . . . We do not decide whether section 489.128, Florida Statutes would preclude recovery of the value of the . . . Prior to the enactment of section 489.128 in 1990, a number of courts, including the Florida Supreme . . .

ISLAND HOUSE DEVELOPERS, INC. v. AMAC CONSTRUCTION, INC., 686 So. 2d 1377 (Fla. Dist. Ct. App. 1997)

. . . to compel arbitration, based on Appellant’s claim of contract unenforceability pursuant to section 489.128 . . . See §§ 489.128, 682.02, 682.03, Fla.Stat.; Castro v. . . . .2d 989, 990-91 (Fla. 3d DCA 1994) (holding construction contract unenforceable pursuant to section 489.128 . . . However, the trial court declined to make a finding on whether Appellee was validly licensed for section 489.128 . . . Section 489.128 provides that contracts "performed in full or in part by any contractor who fails to . . .

PARENTS WITHOUT PARTNERS, INC. CHAPTER v. R. NESS,, 655 So. 2d 183 (Fla. Dist. Ct. App. 1995)

. . . . § 489.128, Fla.Stat. (1991); Hanna v. JPC, Inc., 538 So.2d 958 (Fla. 3d DCA 1989); Bowleg v. . . .

J. CASTRO I. v. SANGLES,, 637 So. 2d 989 (Fla. Dist. Ct. App. 1994)

. . . recommended dismissal of the action on the ground that the alleged agreement was unenforceable under section 489.128 . . . barred by the clear terms of the statute that a contract like this one is “unenforceable in law,” § 489.128 . . . This underlying premise is pointedly not true of section 489.128. . . . Affirmed. . 489.128 Contracts performed by unlicensed contractors unenforceable. — As a matter of public . . .