§ 26-93. Application of division.  


Latest version.
  • (a)

    Nothing in this division limits the power of a municipality, city or the county to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections that are designed to secure compliance with and aid in the implementation of state and local building laws or to enforce other local laws for the protection of the public health and safety.

    (b)

    Nothing in this division limits the power of a municipality, city or county to collect occupational license and inspection fees for engaging in contracting, or examination fees from persons who are registered with the board pursuant to local examination requirements.

    (c)

    Nothing in this division limits the power of municipalities, cities or counties to adopt any system of permits requiring submission to and approval by the municipality, city or county of drawings and specifications for work to be performed by contractors before commencement of the work.

    (d)

    Nothing in this division shall be construed to waive any requirements of any existing local ordinance or resolution of the board of county commissioners regulating the type of work required to be performed by a specialty contractor.

    (e)

    Any official authorized to issue building or other related permits shall ascertain that the applicant contractor is duly registered in the area where the construction is to take place or certified before issuing the permit. The evidence shall consist only of the exhibition to him of current evidence of certification of registration.

    (f)

    Municipalities or cities may continue to provide examinations for their territorial area, provided that:

    (1)

    To engage in contracting in the territorial area, an applicant must also be registered with the board.

    (2)

    All local contractors' licensing boards or agencies shall transmit annually during August to the board the names of all local licensees, the status of the license, and a report of any disciplinary action taken against the licensee.

    (3)

    A certificate has not been issued by the board.

    (g)

    The rights to create local boards in the future by any municipality, city or the county is preserved.

    (h)

    Notwithstanding any provisions to the contrary in F.S. § 235.31 about prequalification of bidders, any person holding a certificate shall be deemed qualified to participate in any project contemplated by this section.

    (i)

    This division applies to any contractor performing work for the state, county or any municipality. They are required to determine compliance with this division before giving a commencement order on any of its contracts for construction, improvement, remodeling or repair.

    (j)

    If an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though not certified or registered. The person shall notify the board within 30 days after the death of the contractor of his name and address. For purposes of this subsection, an incomplete contract is one which has been awarded to, or entered into by, the contractor before his death or on which he was the low bidder and the contract is subsequently awarded to him regardless of whether any actual work has commenced under the contract before his death.

(Laws of Fla. ch. 75-489, § 25; Laws of Fla. ch. 89-504, § 1)