Mike Silvers, CPRC, Silvers Systems Inc. and FRSA Director of Technical Services
Senate Bill 76, Now Florida Statute 489.147
As we prepared for this year’s Convention, we received word that a preliminary injunction had been granted dealing with specific language from SB 76. The injunction basically states: The Department of Business and Professional Regulation (DBPR) must take no steps to enforce Florida Statutes §§ 489.147, (2)(a), (3), and 4(b) as they pertain to “prohibited advertisements,” until otherwise ordered. The arguments against the new law were primarily based on freedom of speech concerns.
Those currently unenforceable sections of the statute state:
(2) A contractor may not directly or indirectly engage in any of the following practices: (a) Soliciting a residential property owner by means of prohibited advertisement. (3) A contractor who violates this section is subject disciplinary proceedings as set forth in s. 489.129. A contractor may receive up to a $10,000 fine for each violation of this section. (4) For the purpose of this section: (b) An unlicensed person who engages in an act prohibited by this section is guilty of unlicensed contracting and is subject to the penalties set forth in section 489.13(3), an unlicensed person who violates this section may be fined up to $10,000 for each violation. Read more.