§ 150.502. Exemptions.

This subchapter does not apply to:

(1)

Contractors in work on bridges, roads, streets, railroads, or utilities and services incidental thereto.

(2)

Any employee of a certificate holder or registrant who is acting within the scope of the license held by that certificate holder or registrant and with the knowledge and permission of the license holder. For the purpose of this part, "employee" is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the F.I.C.A. and withholding tax and provides worker's compensation, all as prescribed by law.

(3)

An authorized employee of the United States, this state, or any municipality, county, or other political subdivision if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment.

(4)

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.

(5)

Public utilities on construction, maintenance, and development work performed by their employees, which work is incidental to their business.

(6)

The sale or installation of any finished products, materials, or articles of merchandise which are not fabricated into and do not become a permanent fixed part of the structure, except for inground swimming pools that involve excavation, plumbing, chemicals, or wiring of any appliance without a factory-installed electrical cord and plug. This subsection shall not be construed to limit the exemptions provided in subsection (7) below.

(7)

Owners of property when acting as their own contractor and providing all material 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 for a cost of under seventy-five thousand dollars ($75,000.00) on such property for the occupancy or use of such owners and not offered for sale or lease.

Proof of the sale or lease, or offering for sale or lease, of any structure by the owner-builder within one (1) year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. This division does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. To qualify for exemption under this division, an owner must personally appear and sign the building permit application. The department 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, as the owner of your property, to act as your own contractor even through 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 twenty-five thousand dollars ($25,000.00) 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 (1) 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 have 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 means that you must deduct F.I.C.A. and withholding tax and provide worker's compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations."

(8)

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

(9)

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 chapter.

(10)

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

(11)

The installation and maintenance of water conditioning units for domestic, commercial, or industrial purposes by operators of water conditioning services.

(12)

Any person who is not required to obtain registration or certification pursuant to F.S. §§ 489.105(3)(d)—(o), and who is performing specialty contracting services for the construction, remodeling, repair or improvement of single-family residences if such person is under the supervision of a certified or registered general, building, or residential contractor.

(Ord. 90-43, passed 5-14-90; Am. Ord. 93-25, passed 6-14-93; Am. Ord. 06-108, § 1, 9-25-06)