§ 22-478. Exemptions.

The provisions of this article insofar as they relate to licensing and regulation on contractors shall not apply to the following:

(1)

Specialty contractors.

(2)

Any person certified by the state construction industry licensing board or the state electrical contractors' licensing board.

(3)

Contractors who work on bridges, roads, streets, highways or railroads and services incidental thereto. The board, in agreement with the department of transportation, shall by rule, define "services incidental thereto" for the purposes of this subsection only.

(4)

Any employee of a state or county certified contractor who is acting within the scope of the license held by that certified contractor and with the knowledge and permission of the license holder. However:

a.

If the employer is not in that type contracting, and the employee performs any of the following, the employee is not exempt:

1.

Holds himself or his employer out to be licensed or qualified by a license.

2.

Leads the consumer to believe that the employees have an ownership or management interest in the company; or

3.

Performs any of the acts which constitute contracting.

b.

The legislative intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions. For the purpose of this section, employee is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts F.I.C.A. and withholding tax and provides workers' compensation, all as prescribed by law.

(5)

An authorized employee of the United States, this state or any municipality, county, irrigation district, reclamation district or any other municipal or political subdivision, except school boards, the board of regents and community colleges, unless for the purpose of performing routine maintenance or repair or construction not exceeding $200,000.00 to existing installations, if the employee does not hold himself out for hire or otherwise engage in contracting, except in accordance with his employment. If the construction, remodeling or improvement exceeds $200,000.00, school boards, the board of regents, and community colleges, shall not divide the project into separate components for the purpose of evading this section.

(6)

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 which were not underway at the time of appointment of the officer are undertaken, the officer shall employ or contract with a licensee.

(7)

Public utilities, including special gas districts as defined in F.S. ch. 189, telecommunications companies as defined in F.S. § 364.02(7), and natural gas transmission companies as defined in F.S. § 368.103(4) on construction, maintenance and development work performed by their employees, which work, including, but not limited to, work on bridges, roads, streets, highways or railroads, is incidental to their business. The board shall define, by rule, the term "incidental to their business" for purposes of this subsection.

(8)

The sale or installation of any finished products, materials or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure, such as awnings. However, this subsection does not exempt inground spas and swimming pools that involve excavation, plumbing, chemicals or wiring of any appliance without a factory-installed electrical cord and plug. This subsection does not limit the exemptions provided in subsection (7) above.

(9)

Owners of property when acting as their own contractor and providing direct, on-site supervision themselves, when building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings at a cost of under $75,000.00 on such property for the occupancy of use of such owners and not offered for sale or lease. In an action brought under this part, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner/builder within one year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. This subsection does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. For the purposes of this subsection, the term owner of property includes the owner of a mobile home situated on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application. The local permitting agency shall provide the person with a disclosure statement in substantially the following form:

Disclosure statement

State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, the owner of your property, to act as your own contractor even though you do not have a license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence or a farm outbuilding. You may also build or improve a commercial building at a cost of $75,000.00 or less. The building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. Any person working on your building who is not licensed must work under your supervision and must be employed by you, which you must deduct F.I.C.A. and withholding tax and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes and zoning regulations.

(10)

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

(11)

Any work or operation of a causal, minor or inconsequential nature in which the aggregate contract price for labor, materials and all other items is less than $1,000.00, 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 $1,000.00 for the purpose of evading this part or otherwise.

b.

To a person who advertises that he is a contractor or otherwise represents that he is qualified to engage in contracting.

(12)

Any construction or operation incidental to the construction or repair of irrigation and drainage ditches:

a.

Regularly constituted irrigation districts or reclamation districts; or

b.

Clearing or other work on the land in rural districts for fire prevention purposes or otherwise, except when performed by a licensee.

(13)

A registered architect or engineer acting within the scope of his practice or any person exempted by the law regulating architects and engineers, including persons doing design work as specified in F.S. § 481.229(1)(b); provided, however, that an architect or engineer shall not act as a contractor unless properly licensed under this section.

(14)

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

(15)

Any person who is licensed in liquefied petroleum gas pursuant to F.S. ch. 527 when such person is performing the work authorized by such license.

(16)

Any person who sells, services or installs heating or air conditioning units which have a capacity no greater than three tons or 36,000 BTU, which have no ducts, and which have a factory-installed electrical cord and plug.

(17)

The installation and maintenance of water conditioning units for domestic, commercial or industrial purposes by operators of water conditioning services. No ordinance, rule or regulation shall be adopted which requires such an operator to become licensed, certified or registered as a plumber or which otherwise prevents the installation and maintenance of such water conditioning units by an operator.

(18)

An architect or landscape architect licensed pursuant to F.S. ch. 481 or an engineer licensed pursuant to F.S. ch. 471 who offers or renders design-build services which may require the services of a contractor certified or registered pursuant to the provisions of this section, as long as the contractor services to be performed under the terms of the design-build contract are offered and rendered by a certified or registered general contractor in accordance with this article.

(19)

For so long as the Florida Legislature provides an exemption to local licensure in F.S. § 489.117(4)(e), any person who is not required to obtain registration or certification pursuant to F.S. § 489.105(3)(d)-(o), may perform specialty contracting services for the construction, remodeling, repair, or improvement of single-family residences, including a townhouse as defined in the Florida Building Code, without obtaining a local professional license if such person is under the supervision of a certified or registered general, building, or residential contractor. As used in this paragraph, supervision shall not be deemed to require the existence of a direct contract between the certified or registered general, building or residential contractor and the person performing the specialty contracting services.

In the absence of a definition of supervision in the state statute or in current case law, supervision shall be defined as follows: A certified or registered general, building or residential contractor who is the project contractor is supervising an unlicensed person performing specialty contracting services if the contractor or his or her supervisor can arrive at the job site within two hours of being contacted by county staff. Only the project contractor, who is a certified or registered general, residential, or building contractor, qualifies as the supervisor of such unlicensed persons for the purposes of this exemption.

(Code 1979, § 6-57; Ord. No. 96-10, 3-26-96; Ord. No. 08-48, § 1, 11-17-08)