[RPPTL-constructionlaw] 489.128 Fla. Stat. & failure to have a certificate of authority

Mon Nov 14 10:50:02 PST 2011

The federal cases (like Lake Eola, Baker County, etc) are at odds with the state cases (in which the contracting entity MUST have an approved QA).

Frederick Dudley | Holland & Knight
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From: Justin Zinzow [mailto:JZinzow at zinzowlaw.com]
Sent: Monday, November 14, 2011 01:01 PM
To: RPPTL constructionlaw <constructionlaw at lists.flabarrpptl.org>
Subject: [RPPTL-constructionlaw] 489.128 Fla. Stat. & failure to have a certificate of authority

Committee members:  Please pardon the interruption.  I have the following question:  If a contractor business organization did not have a certificate of authority at the time of contract, does the 489.128 penalty apply?

I am aware of the 2006 Lake Eola Builders decision saying the penalty does not apply, but one of the primary bases of that holding was eliminated from the statute in 2009 (deletion of the savings clause indicating that failure to hold a certificate of authority did not deem the contractor unlicensed if a licensed individual applied for such a certificate).

Does anyone have any knowledge as to why the legislature made this amendment in 2009?

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Construction Specialist

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