The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 489
CONTRACTING

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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 Casetext

Amendments to 489.532

Arrestable Offenses / Crimes under Fla. Stat. 489.532

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.532.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . continuing bond obligations”); see also id. at 1291-92 (making nearly identical changes to section 489.532 . . . indemnity agreement that the principal or indemnitor is unlicensed as provided in s. 489.128 or s. 489.532 . . .

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

. . . We note that “[effective [June 16, 2009], the amendments made ... to ss. 489.128(l)(a) and 489.532(l) . . . therefore, absent the requirement of a state license, could not be deemed unlicensed under section 489.532 . . . application of a different a section of Chapter 489 to a business organization, the language in section 489.532 . . . with the Fourth District in its application of section 489.128(l)(a), and the similar provision of 489.532 . . .

MASTER TECH SATELLITE, INC. v. MASTEC NORTH AMERICA, INC., 49 So. 3d 789 (Fla. Dist. Ct. App. 2010)

. . . Mastec moved for summary judgment based on section 489.532, Florida Statutes (2004), which makes an unlicensed . . . Mastec also amended its answer to include an affirmative defense based on section 489.532. . . . evidence that Satellite was an unlicensed contractor, properly granted summary judgment under section 489.532 . . . Additionally, section 489.532 states that, “As a matter of public policy, contracts entered into ... . . . Accordingly, because section 489.532 proscribes court enforcement of an unlicensed contractor’s contract . . . Satellite was “never licensed to install or repair digital home satellite systems,” and that section 489.532 . . . Section 489.532(l)(a), a provision within the title, chapter, and part entitled “Electrical and Alarm . . . after filing the motion for summary judgment, Mastec amended its affirmative defenses to add section 489.532 . . .

MMII, INC. v. SILVESTER, 42 So. 3d 876 (Fla. Dist. Ct. App. 2010)

. . . Section 489.532(l)(a) provides that “if a state license is not required for the scope of work to be performed . . .