Part I Construction Contracting 489.101 – 489.146
Part II Electrical and Alarm System Contracting 489.501 – 489.538
Part III Septic Tank Contracting 489.551 – 489.558

Terms Used In Florida Statutes > Chapter 489

  • Abortion: means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. See Florida Statutes 489.530
  • Administrative Procedures Committee: means a committee designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 88.6011
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 489.530
  • Alarm system: means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. See Florida Statutes 489.505
  • Alarm system contractor: means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation, including, but not limited to, all types of alarm systems for all purposes. See Florida Statutes 489.505
  • Alarm system contractor I: means an alarm system contractor whose business includes all types of alarm systems for all purposes. See Florida Statutes 489.505
  • Alarm system contractor II: means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes, except as herein provided. See Florida Statutes 489.505
  • Arbitration: means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which is binding on the parties. See Florida Statutes 489.105
  • Arthropod: means those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, yellow flies, and house flies. See Florida Statutes 489.13
  • Board: means the Construction Industry Licensing Board. See Florida Statutes 489.105
  • Board: means the Governor and Cabinet, as the Board of Trustees of the Internal Improvement Trust Fund. See Florida Statutes 391.028
  • Board of commissioners: means the governing body of any mosquito control district, and may include boards of county commissioners when context so indicates. See Florida Statutes 489.13
  • Born alive: means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, or definite and voluntary movement of muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, caesarean section, induced abortion, or other method. See Florida Statutes 489.530
  • Building contractor: means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. See Florida Statutes 489.105
  • Burglar alarm system agent: means a person:
    (a) Who is employed by a licensed alarm system contractor or licensed electrical contractor;
    (b) Who is performing duties which are an element of an activity which constitutes alarm system contracting requiring licensure under this part; and
    (c) Whose specific duties include any of the following: altering, installing, maintaining, moving, repairing, replacing, servicing, selling, or monitoring an intrusion or burglar alarm system for compensation. See Florida Statutes 489.505
  • Business organization: means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. See Florida Statutes 489.105
  • Certificate: means a certificate of competency issued by the department as provided in this part. See Florida Statutes 489.105
  • Certificate: means a geographically unlimited certificate of competency issued by the department as provided in this part. See Florida Statutes 489.505
  • Certificateholder: means a contractor who has obtained a certificate of competency. See Florida Statutes 489.505
  • Certification: means the act of obtaining or holding a certificate of competency from the department as provided in this part. See Florida Statutes 489.105
  • Certification: means the act of obtaining or holding a certificate of competency from the department as provided in this part. See Florida Statutes 489.505
  • Certified alarm system contractor: means an alarm system contractor who possesses a certificate of competency issued by the department. See Florida Statutes 489.505
  • Certified contractor: means any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction. See Florida Statutes 489.105
  • Certified electrical contractor: means an electrical contractor who possesses a certificate of competency issued by the department. See Florida Statutes 489.505
  • clinic: means any facility in which abortions are performed. See Florida Statutes 489.530
  • Common area: means a hallway, corridor, lobby, aisle, water fountain area, restroom, stairwell, entryway, or conference room in a customs area of an airport terminal under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security. See Florida Statutes 386.203
  • Contracting: means , except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. See Florida Statutes 489.105
  • Contracting: means , except where exempted in this part, engaging in business as a contractor or performing electrical or alarm work for compensation and includes, but is not limited to, performance of any of the acts found in subsections (2) and (12), which define the services which a contractor is allowed to perform. See Florida Statutes 489.505
  • Contractor: means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection. See Florida Statutes 489.105
  • Contractor: means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department. See Florida Statutes 489.505
  • Council: means that council established pursuant to…. See Florida Statutes 391.028
  • County: means a political subdivision of the state administered by a board of county commissioners. See Florida Statutes 489.13
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 489.105
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 489.505
  • Department: means the Department of Health. See Florida Statutes 489.551
  • Department: means the Department of State. See Florida Statutes 380.22
  • Department: means the Department of Environmental Protection. See Florida Statutes 391.028
  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 489.13
  • Department: means the Department of Health. See Florida Statutes 386.203
  • District: means any mosquito control district established in this state by law for the express purpose of controlling arthropods within boundaries of said districts. See Florida Statutes 489.13
  • Division: means the Division of Library and Information Services of the Department of State. See Florida Statutes 380.22
  • Division: means the Division of Bond Finance of the State Board of Administration. See Florida Statutes 391.028
  • Enclosed indoor workplace: means any place where one or more persons engages in work, and which place is predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers consist of or include, without limitation, uncovered openings; screened or otherwise partially covered openings; or open or closed windows, jalousies, doors, or the like. See Florida Statutes 386.203
  • Essential services: means those services that are essential to the maintenance of any enclosed indoor room, including, but not limited to, janitorial services, repairs, or renovations. See Florida Statutes 386.203
  • Financially responsible officer: means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibility for all financial aspects of the business organization. See Florida Statutes 489.105
  • Fire alarm system agent: means a person:
    (a) Who is employed by a licensed fire alarm contractor or certified unlimited electrical contractor;
    (b) Who is performing duties which are an element of an activity that constitutes fire alarm system contracting requiring certification under this part; and
    (c) Whose specific duties include any of the following: altering, installing, maintaining, moving, repairing, replacing, servicing, selling, or monitoring a fire alarm system for compensation. See Florida Statutes 489.505
  • General contractor: means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and who may perform any work requiring licensure under this part, except as otherwise expressly provided in…. See Florida Statutes 489.105
  • Gestation: means the development of a human embryo or fetus between fertilization and birth. See Florida Statutes 489.530
  • Hospital: means a facility as defined in…. See Florida Statutes 489.530
  • imperiled species: as used in this chapter and chapter 253, means plants and animals that are federally listed under the Endangered Species Act, or state-listed by the Fish and Wildlife Conservation Commission or the Department of Agriculture and Consumer Services. See Florida Statutes 391.223
  • Initial issuance: means the first time a certificate or registration is granted to an individual or business organization, including the first time an individual becomes a qualifying agent for that business organization and the first time a business organization is qualified by that individual. See Florida Statutes 489.105
  • Integrated arthropod control: means the implementation of arthropod control measures, including, but not limited to, the use of pesticides and biological control agents and source reduction, to control arthropods without an unreasonable adverse effect on the environment. See Florida Statutes 489.13
  • Land management agency: means the agency charged with managing publicly owned lands. See Florida Statutes 489.13
  • Licensure: means any type of certification or registration provided for in this part. See Florida Statutes 489.505
  • Local arthropod control agency: means the county, city, or district charged with arthropod control over publicly owned lands. See Florida Statutes 489.13
  • local board: means the Electrical Contractors' Licensing Board created by this part. See Florida Statutes 489.505
  • Local construction regulation board: means a board, composed of not fewer than three residents of a county or municipality, which the governing body of that county or municipality may create and appoint to maintain the proper standard of construction of that county or municipality. See Florida Statutes 489.105
  • Master septic tank contractor: means a septic tank contractor whose services are unlimited in the septic tank trade who has had at least 3 years' experience as a Florida-registered septic tank contractor or a plumbing contractor certified under part I of this chapter who has provided septic tank contracting services for at least 3 years and who has the experience, knowledge, and skills to install, maintain, repair, close repairs of, and alter all types of onsite sewage treatment and disposal systems, to design onsite sewage treatment and disposal systems, where not prohibited by law, to perform and submit soil evaluations, when determined to meet site-evaluation expertise established by rule, and to use materials and items used in the installation and maintenance of all types of onsite sewage treatment and disposal systems. See Florida Statutes 489.551
  • Mechanical contractor: means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system if such duct work is performed by the contractor as necessary to complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing that requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, if not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, liquefied petroleum gas lines within buildings, and natural gas fuel lines within buildings; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. See Florida Statutes 489.105
  • Mediation: means a process whereby a neutral third party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. See Florida Statutes 489.505
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Monitoring: means to receive electrical or electronic signals originating from any structure within the state or outside the state, regardless of whether those signals are relayed through a jurisdiction outside the state, where such signals are produced by any security, medical, fire, or burglar alarm, closed-circuit television camera, access-control system, or related or similar protective system and are intended by design to initiate a response thereto. See Florida Statutes 489.505
  • multiple-use: includes , but is not limited to, outdoor recreational activities as described in ss. See Florida Statutes 391.223
  • Nationally recognized testing laboratory: means an organization that the Occupational Safety and Health Administration has legally recognized to be in compliance with 29 C. See Florida Statutes 489.505
  • Nuisance: means a condition in which pestiferous arthropods occur in such numbers as to be annoying, obnoxious, or inimical to human comfort. See Florida Statutes 489.13
  • Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 88.6011
  • Partial-birth abortion: means a termination of pregnancy in which the physician performing the termination of pregnancy partially vaginally delivers a living fetus before killing the fetus and completing the delivery. See Florida Statutes 489.530
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
  • Personal emergency response system: means any device which is simply plugged into a telephone jack or electrical receptacle and which is designed to initiate a telephone call to a person who responds to, or has a responsibility to determine the proper response to, personal emergencies, but does not include hard-wired or wireless alarm systems designed to detect intrusion or fire. See Florida Statutes 489.505
  • Physician: means a physician licensed under chapter 458 or chapter 459 or a physician practicing medicine or osteopathic medicine in the employment of the United States. See Florida Statutes 489.530
  • Plumbing contractor: means a contractor whose services are unlimited in the plumbing trade and includes contracting business consisting of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or, if not prohibited by law, design plumbing. See Florida Statutes 489.105
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
  • Pollutant storage systems contractor: means a contractor whose services are limited to, and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, if not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of, pollutant storage tanks. See Florida Statutes 489.105
  • Pollutant storage tank: means a tank, together with associated piping or dispensing facilities, which is or could be used for the storage or supply of pollutants as defined in…. See Florida Statutes 489.105
  • Primary qualifying agent: means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he or she is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. See Florida Statutes 489.105
  • Primary qualifying agent: means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the electrical or alarm system contracting activities of the business organization with which he or she is connected; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part by the department, as attested to by the board; and who has been issued a certificate of competency by the department. See Florida Statutes 489.505
  • Reasonable medical judgment: means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See Florida Statutes 489.530
  • Registered alarm system contractor I: means an alarm system contractor whose business includes all types of alarm systems for all purposes and who is registered with the department pursuant to…. See Florida Statutes 489.505
  • Registered alarm system contractor II: means an alarm system contractor whose business includes all types of alarm systems, other than fire, for all purposes and who is registered with the department pursuant to…. See Florida Statutes 489.505
  • Registered contractor: means any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. See Florida Statutes 489.105
  • Registered electrical contractor: means an electrical contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. See Florida Statutes 489.505
  • Registrant: means a person who has registered with the department pursuant to the requirements of this part. See Florida Statutes 489.505
  • Registration: means registration with the department as provided in this part. See Florida Statutes 489.105
  • Registration: means registration with the department as provided in this part. See Florida Statutes 489.505
  • Residential contractor: means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith. See Florida Statutes 489.105
  • Retail tobacco shop: means any enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products, in which the sale of other products or services is merely incidental. See Florida Statutes 386.203
  • Roofing contractor: means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, if not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. See Florida Statutes 489.105
  • Secondary qualifying agent: means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. See Florida Statutes 489.105
  • Secondary qualifying agent: means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control the electrical or alarm system contracting activities on a job for which he or she has obtained a permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part by the department, as attested to by the board; and who has been issued a certificate of competency by the department. See Florida Statutes 489.505
  • Secretary: means the Secretary of State. See Florida Statutes 380.22
  • Septic tank contractor: means a contractor who has the experience, knowledge, and skill to install, maintain, repair, alter, perform site evaluations for repairs, when determined to meet site-evaluation expertise established by rule, and use material and items used in the installation and maintenance of all kinds of onsite sewage treatment and disposal systems. See Florida Statutes 489.551
  • Sheet metal contractor: means a contractor whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, if not prohibited by law, of ferrous or nonferrous metal work of U. See Florida Statutes 489.105
  • Smoking: means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. See Florida Statutes 386.203
  • Solar contractor: means a contractor whose services consist of the installation, alteration, repair, maintenance, relocation, or replacement of solar panels for potable solar water heating systems, swimming pool solar heating systems, and photovoltaic systems and any appurtenances, apparatus, or equipment used in connection therewith, whether public, private, or otherwise, regardless of use. See Florida Statutes 489.105
  • Source reduction: means the physical land or water management of arthropod breeding areas to reduce the area's suitability for arthropod breeding. See Florida Statutes 489.13
  • Specialty contractor: means a contractor whose scope of work and responsibility is limited to a particular phase of construction established in a category adopted by board rule and whose scope is limited to a subset of the activities described in one of the paragraphs of this subsection. See Florida Statutes 489.105
  • Specialty contractor: means a contractor whose scope of practice is limited to a specific segment of electrical or alarm system contracting established in a category adopted by board rule, including, but not limited to, residential electrical contracting, maintenance of electrical fixtures, and fabrication, erection, installation, and maintenance of electrical advertising signs together with the interrelated parts and supports thereof. See Florida Statutes 489.505
  • Stand-alone bar: means any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. See Florida Statutes 386.203
  • Structural component: means any vertical or horizontal load-bearing member of a structure which supports dead or live loads in addition to its own weight and includes, but is not limited to, a foundation, an exterior or interior load-bearing wall, a column, a column beam, a floor, and a roof structure. See Florida Statutes 489.105
  • Tank: means any container other than one which is aboveground and either elevated or situated upon an impermeable surface, or which is located in an accessible underground area and either elevated or situated upon an impermeable surface therein, in such manner that any leak in such container may be readily detected. See Florida Statutes 489.105
  • treatment to cure: means the completion of a course of antituberculosis treatment. See Florida Statutes 493.6100
  • Trimester: means one of the following three distinct periods of time in the duration of a pregnancy:
    (a) "First trimester" which is the period of time from fertilization through the end of the 11th week of gestation. See Florida Statutes 489.530
  • Tuberculosis: means a disease caused by Mycobacterium tuberculosis, Mycobacterium bovis, or Mycobacterium africanum. See Florida Statutes 493.6100
  • Underground utility and excavation contractor: means a contractor whose services are limited to the construction, installation, and repair, on public or private property, whether accomplished through open excavations or through other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, grouting, and slip lining, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. See Florida Statutes 489.105
  • unlimited electrical contractor: means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. See Florida Statutes 489.505
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 88.6011
  • viability: means the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures. See Florida Statutes 489.530
  • Work: includes , without limitation, any such service performed by an employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, volunteer, and the like. See Florida Statutes 386.203
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011