Reprinted from the April 2019 Cotney Construction Law Update

Senate Bill (SB) 674 is being proposed by the Florida Senate in the 2019 legislative session. This bill proposal is to amend the already existing Florida Statute 489.113, which governs the qualifications and restrictions for the practice of contracting. Bill SB 674 proposes to amend section 2 of the statute, which allows for non-certified and non-registered subcontractors to perform work under the supervision of a person/contractor who is certified or registered, provided that the work being performed is within the scope of the contractor’s license.

The specific amendments proposed are to add in the language requiring full compliance with chapter 440 – Workers Compensation – and delete the language that prohibits a subcontractor from completing work that would ordinarily require a license as a contractor under 489.105(3)(d)-(o) (sheet metal, roofing, classes A-C air-conditioning, mechanical, commercial pool/spa, residential pool/spa, swimming pool/spa servicing, plumbing, underground utility and excavation, and solar). If passed, this bill will widen the areas a subcontractor can practice in under the supervision of a contractor and tighten the workers compensation requirements on contractors.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Regulations and laws may vary depending on your location. Consult with a licensed attorney in your area if you wish to obtain legal advice and/or counsel for a particular legal issue.

Trent Cotney is Florida Bar Certified in Construction Law, General Counsel and a member of the Florida Refrigeration & Air Conditioning Contractors Association (FRACCA) and a member of RACCA. For more information, contact the author at 813-579-3278 or go to www.hvaclawyer.com.