[CLC-Discussion] Site Contractor Licensing Question

Tue Dec 22 09:43:59 PST 2015

You may want to look at the recent change to Section 489.113(2) Florida Statutes. If the scope of work is being performed by a subcontractor for a licensed Division 1 contractor a license is NOT  required.

Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305 
Maitland, Fl. 32751
407-645-4500 x 215

-----Original Message-----
From: John S. Vento <JVento at trenam.com>
To: 'Gibbons, Michael' <Michael.Gibbons at lowndes-law.com>; 'Rouselle \Bo\. Sutton III' <rsutton at raileyharding.com>; 'clc-discussion at lists.flabarrpptl.org' <clc-discussion at lists.flabarrpptl.org>
Sent: Tue, Dec 22, 2015 12:22 pm
Subject: Re: [CLC-Discussion] Site Contractor Licensing Question

I agree with Mike. The language in the statute would be otherwise superfluous.

JOHN S. VENTO | ATTORNEY
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org]On Behalf Of Gibbons, Michael
Sent: Tuesday, December 22, 2015 11:52 AM
To: 'Rouselle "Bo". Sutton III'; 'clc-discussion at lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Site Contractor Licensing Question

  This is an interesting area of the state’s licensure law that has always raised questions for me as well.  The fact that Fla. Stat. s. 489.113 (3)(a) expressly limits a CBC and CRC license holder to performing site work  “limited to the lot on which any specific building is located” has always suggested to me that a state license is required to perform clearing, grubbing, grading and other site work else why the express limitation on the rights of the building and residential contractor?   If no licensure at all from the state was required for these site work activities, then there would be no need for the Legislature to add an express limitation on the rights of certified contractors.

  I have not litigated this issue to conclusion and don’t have any caselaw authority.  It would be a good issue to pose in the form of a question to DBPR for formal resolution but I have not done so.

Michael R. Gibbons  (Bio)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email:michael.gibbons at lowndes-law.com
website:http://www.lowndes-law.com

From:clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org]On Behalf Of Rouselle "Bo". Sutton III
Sent: Tuesday, December 22, 2015 11:10 AM
To: 'clc-discussion at lists.flabarrpptl.org'
Subject: [CLC-Discussion] Site Contractor Licensing Question

I have a question about site work and licensure. Does clearing, grubbing and grading require a specific license? I see that a general contractor and underground utility contractor may perform this work (see statute below), but 489 is not clear whether such a license is required. I have spoken with DBPR, and they gave the unofficial opinion no license is required for clearing, grubbing, grading, importing fill, spreading fill, etc. Does anyone have official experience with this?

489.113 (3)(a) states: “A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractormay perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located.”

Rouselle "Bo" Sutton, III
Board Certified, Construction Law
Railey Harding + Allen | PA
ATTORNEYS AT LAW
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P 407.648.9119 |  F 407.648.8049

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