Disclosure Statement (Page 2 of 4) in pdf

Florida Statutes 489: 103 (7): Owners of property when acting as their own contractor

and providing direct, onsite supervision themselves of all work not performed by

licensed contractors, 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, at a cost not to

exceed $25,000, on such property for the occupancy or use of such owners and not

offered for sale or lease. In an action brought under this part, proof of the sale or lease,

or offering for sale or lease, of any such structure by the owner-builder within 1 year

after completion of same creates a presumption that the construction was undertaken

for purposes of sale or lease. This subsection does not exempt any person who is

employed by or has a contract with such owner and who acts in the capacity of a

contractor. The owner may not delegate the owner’s responsibility to directly supervise

all work to any other person unless that person is registered or certified under this part

and the work being performed is within the scope of that person’s license. For the

purposes of this subsection, the term “owners of property” includes the owner of a

mobile home situated on a lease lot. To qualify for exemption under this subsection, an

owner must personally appear and sign the building permit application.

The local

permitting agency 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 with certain restrictions even though you do

not have a license. You must provide direct, onsite supervision of 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, provided your costs

do not exceed $25,000.

The building or residence must be for your own use or

occupancy. It may not be built or substantially improved for sale or lease. If you sell or

lease a building you have built or substantially improved yourself within 1 year after the

construction is complete, the law will presume that you built or substantially improved it

for sale or lease, which is a violation of this exemption. You may not hire an unlicensed

person to act as your contractor or to supervise people working on your building. 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. You may not delegate the

responsibility for supervising work to a licensed contractor who is not licensed to

perform the work being done. Any person working on your building who is not licensed

must work under your direct supervision and must be employed by you, which means

that you must deduct F.I.C.A. and withholding tax and provide workers’ compensation

for that employee, all as prescribed by law. Your construction must comply with all

applicable laws, ordinances, building codes, and zoning regulations.

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SB-BZ Own Bdr 04-11

Disclosure Statement Page 2