§ 26-94. Exemptions from division.

This division does not apply to:

(1)

Contractors who work exclusively on bridges, roads, streets, highways, railroads, or utilities and services incidental thereto.

(2)

Any employee of a certificate holder or registrant who is a subordinate of such certificate holder or registrant if the employee does not hold himself out for hire or engage in contracting except as an employee.

(3)

An authorized employee of the United States, Florida, or any municipality, city, or county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state as long as the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment.

(4)

An officer appointed by a court when he is acting within the scope of his office as defined by law or court order. When construction projects that were not underway at the time of appointment of the officer by the court are undertaken, he shall employ or contract with a registrant or certificate holder.

(5)

Public utilities on construction, maintenance, and development work performed by their forces and incidental to their business.

(6)

The sale or installation of any finished products, materials, or articles or merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure, except for spas or in-ground swimming pools with a capacity in excess of 200 gallons, and for aboveground swimming pools with a capacity in excess of 200 gallons that involve excavation, plumbing, chemicals, or wiring of any appliance without a factory-installed electrical cord and plug. This subsection shall not be construed to limit the exemptions provided in subsection (7) below.

(7)

Owners of property building or improving one- or two-family residences thereon for the occupancy of such owners and not offered for sale. In all actions brought under this division, proof of the sale or offering for sale of more than one such structure by the owner-builder within one year after completion of the same is prima facie evidence that such structure was undertaken for purposes of sale. This subsection does not exempt any person who is engaged by such owner or any person other than the owner who acts in the capacity of a contractor.

(8)

Any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States, or to any construction, alteration, improvement, or repair on any project where federal law supersedes this division.

(9)

Any work or operation of a casual, minor, or inconsequential nature in which the aggregate contract price for labor, materials, and all other items is less than $500.00, but this exemption does not apply:

a.

If the construction, repair, remodeling, or improvement is a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $500.00 for the purpose of evading this division or otherwise.

b.

To a person who advertises as a contractor or otherwise represents or exhibits by any manner or device that he is qualified to engage in contracting.

(10)

c.
Any construction or operation incidental to the construction or repair of irrigation and drainage ditches;

d.

Regularly constituted irrigation districts, reclamation districts; or

e.

Clearing or other work on the land in rural districts for fire prevention purposes or otherwise except when performed by a certificate holder or registrant under this division.

(11)

A registered architect or engineer, acting in his professional capacity.

(12)

Any person who only furnishes material or supplies without fabricating them into or consuming them in the performance of the work of the contractor.

(13)

Any person as defined and licensed under F.S. ch. 527, when such person is performing the work authorized by such license.

(14)

Any person who is certified under F.S. ch. 489, except the provisions of sections 26-121 and 26-122(c), regarding registration shall apply.

(Laws of Fla. ch. 75-489, § 26; Laws of Fla. ch. 89-504, § 1)