Florida Senate - 2026 SB By Senator Arrington 25-00498-26 2026492__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to contracting; amending s. 489.127, 2 F.S.; providing minimum penalties for certain unlawful actions; reenacting s. 489.13(7), F.S., relating to remedies for unlicensed contracting, to incorporate the amendment made to s. 489.127, F.S., in a reference thereto; providing an effective date. 7

Be It Enacted by the Legislature of the State of Florida: 9

Section 1. Paragraph

(

a) of subsection (2) of

section 11 489.127, Florida Statutes, is amended, and subsection (1) of that

section is republished, to read: 13 489.127 Prohibitions; penalties.— 14

(1) No person shall: 15

(

a) Falsely hold himself or herself or a business organization out as a licensee, certificateholder, or registrant; 18

(

b) Falsely impersonate a certificateholder or registrant; 19

(

c) Present as his or her own the certificate or registration of another; 21

(

d) Knowingly give false or forged evidence to the board or a member thereof; 23

(

e) Use or attempt to use a certificate or registration that has been suspended or revoked; 25

(

f) Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or Florida Senate - 2026 SB 492 25-00498-26 2026492__ CODING: Words stricken are deletions; words underlined are additions. certified; 30

(

g) Operate a business organization engaged in contracting after days following the termination of its only qualifying agent without designating another primary qualifying agent, 33 except as provided in ss. 489.119 and 489.1195; 34

(

h) Commence or perform work for which a building permit is required pursuant to

part IV of

chapter without such building permit being in effect; or 37

(

i) Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors. 40 For purposes of this subsection, a person or business organization operating on an inactive or suspended certificate or registration is not duly certified or registered and is considered unlicensed. A business tax receipt issued under the authority of

chapter is not a license for purposes of this part. 47 (2)(

a) An Any unlicensed person who violates any of the provisions of subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person convicted under this paragraph must be sentenced to a minimum of either: 52 1. Fifteen days in jail; or 53 2. Twelve months of probation. 54 The remedies set forth in this subsection are not exclusive and may be imposed in addition to the remedies set forth in s. 57 489.129(2). 58 Florida Senate - 2026 SB 492 25-00498-26 2026492__ CODING: Words stricken are deletions; words underlined are additions.

Section 2. For the purpose of incorporating the amendment made by this act to

section 489.127, Florida Statutes, in a reference thereto, subsection (7) of

section 489.13, Florida Statutes, is reenacted to read: 62 489.13 Unlicensed contracting; notice of noncompliance; 63 fine; authority to issue or receive a building permit; web page.— 65

(7) The remedies set forth in this

section are not exclusive and may be imposed in addition to the remedies set forth in s. 489.127(2). In addition, nothing in this

section is intended to prohibit the department or any local governing body from filing a civil action or seeking criminal penalties against an unlicensed contractor. 71

Section 3. This act shall take effect July 1, 2026. 72