Can a Florida city or county discipline a state-certified contractor, or only the state licensing board?

Plain-English summary

State Representative John Tobia wrote on behalf of a builders' association asking whether local governments may discipline state-certified contractors. He pointed to what looked like a conflict between two parts of section 489.127(5): paragraph (n), which says nothing in the subsection stops a county or municipality from enforcing its codes by any other means, and paragraph (o), which says nothing in the subsection authorizes local jurisdictions to exercise the disciplinary authority it sets up against a contractor holding a valid state certificate.

The office answered informally rather than formally, because the request came on behalf of a private association rather than from the public official whose powers were in question. On the substance, Assistant Attorney General Lagran Saunders explained how authority is divided. Under Part I of Chapter 489, construction contractors must be registered or certified by the Department of Business and Professional Regulation, and a certified contractor can work statewide. Primary responsibility for disciplining certified contractors sits with the state Construction Industry Licensing Board, a point an earlier opinion (AGO 90-73) had already made. Local governments hold only the specific powers the statute grants. For example, a local construction regulation board can, after a public hearing, deny, suspend, or revoke a certified contractor's authority to obtain building permits if it finds fraud or a willful building code violation, and lack of required insurance can lead to permit denial. The apparent conflict dissolves once you see the distinction: a local government may use other means, like a code enforcement officer, to enforce its codes in areas it is allowed to enforce, but it may not impose discipline for an infraction reserved to the state board.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Who disciplines state-certified contractors in Florida?
A: The opinion explained that primary disciplinary authority rests with the state Construction Industry Licensing Board. Local governments may exercise only the specific powers the statute grants them.

Q: Can a city or county take any action against a certified contractor?
A: Yes, within limits. A local construction regulation board may, through a public hearing, deny, suspend, or revoke a certified contractor's authority to obtain building permits for fraud or a willful building code violation, and failure to show required insurance can lead to permit denial.

Q: How do paragraphs (n) and (o) of section 489.127(5) fit together?
A: The opinion read them as drawing a line: paragraph (n) preserves a local government's ability to enforce its own codes by other means, while paragraph (o) bars local jurisdictions from imposing the discipline the statute reserves to the state board against a validly certified contractor.

Q: Why was this an informal opinion?
A: The office's formal opinion authority is limited to public officials asking about their own duties. Because the request came on behalf of a private trade association, the office offered only informal general comments.

Background and statutory framework

Part I of Chapter 489 is Florida's Construction Industry Licensing law. It requires contractors to be registered or certified by the Department of Business and Professional Regulation, with certified contractors (under sections 489.113 and 489.115) able to practice statewide upon presenting their certificate locally and paying for the occupational license and building permit. Section 489.127 lists prohibited acts, such as practicing without a license or working without a required permit, and section 489.127(5) lets a county or municipality designate code enforcement officers under Chapter 162 to enforce those prohibitions against unlicensed activity.

The division of authority is the heart of the analysis. Local construction regulation boards have the enumerated permit-related powers in section 489.113, but the broader power to discipline a certified contractor's license belongs to the state board, as AGO 90-73 recognized. Section 489.132(1) supplies penalties. The opinion's takeaway is that local power over certified contractors is limited to what the statute spells out, and everything else runs through the Construction Industry Licensing Board.

Citations and references

Statutes:

• Section 489.127, Florida Statutes (prohibited acts; local code-officer enforcement)
• Section 489.113, Florida Statutes (local construction regulation boards)
• Section 489.115, Florida Statutes (certification and registration)
• Section 489.132(1), Florida Statutes (penalties)
• Part I, Chapter 489, Florida Statutes (Construction Industry Licensing)
• Chapter 162, Florida Statutes (local code enforcement)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/certified-contractors-discipline-by-local-government
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8215

Original opinion text

The Honorable John Tobia

Representative, District 31

1901 South Harbor City Boulevard

Suite 508

Melbourne, Florida 32901

Dear Representative Tobia:

Thank you for contacting this office on behalf of the Florida East Coast Chapter of the Associated Builders and Contractors for assistance in determining whether local governments may discipline "certified" licensed contractors. You present an apparent conflict between sections 489.127(5)(n) and 489.127(5)(o), Florida Statutes.

Regrettably, the matter is one that may not be addressed directly at the request of someone other than the public official or entity whose powers are questioned. Moreover, this office lacks the statutory authority to render legal opinions to a private entity or individual, even though a public official has made the request on their behalf.[1]

In an effort to be of assistance, however, the following general comments are provided.

Part I of Chapter 489, Florida Statutes, requires that construction contractors practicing in Florida be registered or certified by the Department of Business and Professional Regulation. A "certified" contractor may practice anywhere within the state, with the presentation of his or her certificate to the local licensing entity and payment of the fee for the necessary occupational license and the building permit.[2]

A local construction regulation board, however, may deny, suspend, or revoke the authority of a certified contractor to obtain a building permit or limit the ability of a contractor to obtain a permit under specific conditions, if the board, through a public hearing process, has determined that the contractor is guilty of fraud or a willful building code violation.[3] Failure or refusal to provide proof of appropriate liability and workers compensation insurance may also result in the denial or suspension of a permit.[4]

Section 489.127(5), Florida Statutes, also provides:

"Each county or municipality may, at its option, designate one or more of its code enforcement officers, as defined in chapter 162, to enforce, as set out in this subsection, the provisions of subsection (1) and s. 489.132(1) against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required."[5]

As reflected by Attorney General Opinion 90-73, the provisions in Part I, Chapter 489, Florida Statutes, place primary responsibility for the discipline of certified contractors with the Construction Industry Licensing Board. Only the specified powers enumerated in sections 489.113 and 489.127, Florida Statutes, may be exercised by local governments. The opinion concluded that, with the exception of the specific provisions relating to local governments, the authority to discipline certified contractors is vested with the state licensing board.

You point out that section 489.127(n), Florida Statutes, states that "[n]othing contained in this subsection shall prohibit a county or municipality from enforcing its codes or ordinances by any other means," while section 489.127(o), Florida Statutes, provides that "[n]othing in this subsection shall be construed to authorize local jurisdictions to exercise disciplinary authority or procedures established in this subsection against an individual holding a proper valid certificate issued pursuant to this part." There is an apparent distinction between a local government's use of a different means of enforcing its codes, e.g., through a code enforcement officer, in areas it is authorized to enforce and a local government's attempt to impose discipline for an infraction that is properly addressed only by the Construction Industry Licensing Board.

I trust that these informal comments will be helpful in clarifying this matter.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh

[1] See Frequently Asked Questions About Attorney General Opinions at www.myfloridalegal.com.

[2] See ss. 489.113 and 489.115, Fla. Stat.

[3] Section 489.113(4)(b), Fla. Stat.

[4] Section 489.113(4)(c), Fla. Stat.

[5] Section 489.127(1), Fla. Stat., sets forth the prohibitions of the act:

"(a) Falsely hold himself or herself or a business organization out as a licensee, certificateholder, or registrant;

(b) Falsely impersonate a certifcateholder or registrant;

(c) Present as his or her own the certificate, registration, or certificate of authority of another;

(d) Knowingly give false or forged evidence to the board or a member thereof;

(e) Use or attempt to use a certificate, registration, or certificate of authority which has been suspended or revoked;

(f) Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority;

(g) Operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent; except as provided in ss. 489.119 and 489.1195;

(h) Commence or perform work for which a building permit is required pursuant to part IV of chapter 553 without such building permit being in effect; or

(i) Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors.

For purposes of this subsection, a person or business organization operating on an inactive or suspended certificate, registration, or certificate of authority is not duly certified or registered and is considered unlicensed. A business tax receipt issued under the authority of chapter 205 is not a license for purposes of this part."