THE BILL ITSELF
SB 492
Contracting
Florida Senate - 2026 SB 492 By Senator Arrington 25-00498-26 2026492__
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A bill to be entitled
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An act relating to contracting; amending s. 489.127,
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F.S.; providing minimum penalties for certain unlawful
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actions; reenacting s. 489.13(7), F.S., relating to
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remedies for unlicensed contracting, to incorporate
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the amendment made to s. 489.127, F.S., in a reference
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thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (2) of section
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489.127, Florida Statutes, is amended, and subsection (1) of
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that section is republished, to read:
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489.127 Prohibitions; penalties.—
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(1) No person shall:
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(a) Falsely hold himself or herself or a business
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organization out as a licensee, certificateholder, or
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registrant;
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(b) Falsely impersonate a certificateholder or registrant;
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(c) Present as his or her own the certificate or
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registration of another;
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(d) Knowingly give false or forged evidence to the board or
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a member thereof;
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(e) Use or attempt to use a certificate or registration
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that has been suspended or revoked;
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(f) Engage in the business or act in the capacity of a
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contractor or advertise himself or herself or a business
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organization as available to engage in the business or act in
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the capacity of a contractor without being duly registered or
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certified;
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(g) Operate a business organization engaged in contracting
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after 60 days following the termination of its only qualifying
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agent without designating another primary qualifying agent,
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except as provided in ss. 489.119 and 489.1195;
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(h) Commence or perform work for which a building permit is
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required pursuant to part IV of chapter 553 without such
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building permit being in effect; or
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(i) Willfully or deliberately disregard or violate any
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municipal or county ordinance relating to uncertified or
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unregistered contractors.
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For purposes of this subsection, a person or business
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organization operating on an inactive or suspended certificate
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or registration is not duly certified or registered and is
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considered unlicensed. A business tax receipt issued under the
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authority of chapter 205 is not a license for purposes of this
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part.
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(2)(a) An Any unlicensed person who violates any of the
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provisions of subsection (1) commits a misdemeanor of the first
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degree, punishable as provided in s. 775.082 or s. 775.083. A
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person convicted under this paragraph must be sentenced to a
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minimum of either:
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1. Fifteen days in jail; or
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2. Twelve months of probation.
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The remedies set forth in this subsection are not exclusive and
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may be imposed in addition to the remedies set forth in s.
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489.129(2).
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 489.127, Florida Statutes, in a
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reference thereto, subsection (7) of section 489.13, Florida
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Statutes, is reenacted to read:
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489.13 Unlicensed contracting; notice of noncompliance;
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fine; authority to issue or receive a building permit; web
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page.—
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(7) The remedies set forth in this section are not
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exclusive and may be imposed in addition to the remedies set
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forth in s. 489.127(2). In addition, nothing in this section is
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intended to prohibit the department or any local governing body
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from filing a civil action or seeking criminal penalties against
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an unlicensed contractor.
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Section 3. This act shall take effect July 1, 2026.