Contracting

Florida Senate
-
2026

SB 492

By
Senator Arrington

25-00498-26 2026492__
1 A bill to be entitled
2 An act relating to contracting; amending s. 489.127,
3 F.S.; providing minimum penalties for certain unlawful
4 actions; reenacting s. 489.13(7), F.S., relating to
5 remedies for unlicensed contracting, to incorporate
6 the amendment made to s. 489.127, F.S., in a reference
7 thereto; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (2) of section
12 489.127, Florida Statutes, is amended, and subsection (1) of
13 that section is republished, to read:
14 489.127 Prohibitions; penalties.—
15 (1) No person shall:
16 (a) Falsely hold himself or herself or a business
17 organization out as a licensee, certificateholder, or
18 registrant;
19 (b) Falsely impersonate a certificateholder or registrant;
20 (c) Present as his or her own the certificate or
21 registration of another;
22 (d) Knowingly give false or forged evidence to the board or
23 a member thereof;
24 (e) Use or attempt to use a certificate or registration
25 that has been suspended or revoked;
26 (f) Engage in the business or act in the capacity of a
27 contractor or advertise himself or herself or a business
28 organization as available to engage in the business or act in
29 the capacity of a contractor without being duly registered or
30 certified;
31 (g) Operate a business organization engaged in contracting
32 after 60 days following the termination of its only qualifying
33 agent without designating another primary qualifying agent,
34 except as provided in ss. 489.119 and 489.1195;
35 (h) Commence or perform work for which a building permit is
36 required pursuant to part IV of chapter 553 without such
37 building permit being in effect; or
38 (i) Willfully or deliberately disregard or violate any
39 municipal or county ordinance relating to uncertified or
40 unregistered contractors.
41
42 For purposes of this subsection, a person or business
43 organization operating on an inactive or suspended certificate
44 or registration is not duly certified or registered and is
45 considered unlicensed. A business tax receipt issued under the
46 authority of chapter 205 is not a license for purposes of this
47 part.
48 (2)(a)
An

Any
unlicensed person who violates any of the
49 provisions of subsection (1) commits a misdemeanor of the first
50 degree, punishable as provided in s. 775.082 or s. 775.083.
A

51
person convicted under this paragraph must be sentenced to a

52
minimum of either:

53
1.

Fifteen days in jail; or

54
2.

Twelve months of probation.

55
56 The remedies set forth in this subsection are not exclusive and
57 may be imposed in addition to the remedies set forth in s.
58 489.129(2).
59 Section 2. For the purpose of incorporating the amendment
60 made by this act to section 489.127, Florida Statutes, in a
61 reference thereto, subsection (7) of section 489.13, Florida
62 Statutes, is reenacted to read:
63 489.13 Unlicensed contracting; notice of noncompliance;
64 fine; authority to issue or receive a building permit; web
65 page.—
66 (7) The remedies set forth in this section are not
67 exclusive and may be imposed in addition to the remedies set
68 forth in s. 489.127(2). In addition, nothing in this section is
69 intended to prohibit the department or any local governing body
70 from filing a civil action or seeking criminal penalties against
71 an unlicensed contractor.
72 Section 3. This act shall take effect July 1, 2026.