§ 9-129. Contracts entered into by unlicensed contractors unenforceable.

(a)

As a matter of public policy, contracts entered into on or after October 26, 2016, shall be unenforceable in law or in equity by the unlicensed contractor.

(b)

For purposes of this section:

(1)

an individual is unlicensed if the individual does not have a certificate of competency required by this chapter concerning the scope of the work to be performed under the contract and the other party to the contract was not a contractor, subcontractor, materialperson, supplier, or vendor under the contract at issue. For purposes of this subsection, the other party to the contract shall be deemed to have acted as a contractor if said party obtained the building permit for the work;

(2)

an individual is unlicensed if the individual is performing work in any of the scopes listed in Sections 489.105(a) through (p), Florida Statutes, and for which registration would be required; or

(3)

a business organization is unlicensed if the business organization does not have a qualifying agent in accordance with this chapter for the scope of the work to be performed under the contract.

(c)

For purposes of this section, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party executed the contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract.

(d)

This section shall not affect the rights of parties other than the unlicensed contractor to enforce the contract. This section shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor.

(Ord. No. 2016-29 , § 6, 10-25-16)