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Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 <br /> 489.103 E�r�!!Il�I'!�!�TI1is part does not apply to: <br /> (1) Contractors in work on bridges, roads, streets, highways, or railroads, and services <br /> incidental thereto. The board, in agreement with the Department of Transportation, shall, by <br /> rule, define °services incidental thereto" for the purposes of this subsection only. <br /> (2) Any employee of a certificateholder or registrant who is acting within the scope of the <br /> license held by that certificateholder or registrant and with the knowledge and permission of <br /> the licenseholder. However: <br /> (a) If the employer is not a certificateholder or registrant in that type of contracting, and <br /> the employee performs any of the following, the employee is not exempt: <br /> 1. Holds himself or herself or his or her employer out to be licensed or qualified by a <br /> licensee; <br /> 2. Leads the consumer to believe that the employee has an ownership or management <br /> interest in the company; or <br /> 3. Performs any of th� acts which constitute contracting. <br /> (b) The legislative intent of this subsection is to place equal responsibility on the unlicensed <br /> business and its employees for the protection of the consumers in contracting transactions. <br /> For the purpose of this part, "employee" is defined as a person who receives compensation from and is <br /> under the supervision and control of an employer who regularly deducts the F.I.C.A. and withholding tax <br /> and provides workers' compensation, all as prescribed by law. <br /> (3) , this state, or any municipality, county, <br /> irrigation district, reclamation district, or any other municipal or political subdivision, except <br /> school boards, state university boards of trustees, and community college boards of trustees, <br /> unless for the purpose of performing routine maintenance or repair or construction not <br /> exceeding $200,000 to existing installations, if the employee does not hold himself or herself <br /> out for hire or otherwise engage in contracting except in accordance with his or her <br /> employment. If the construction, remodeling, or improvement exceeds $200,000, school <br /> boards, state university boards of trustees, and community college boards of trustees shall <br /> not divide the project into separate components for the purpose of evading this section. <br /> http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&URL=0400-04... 8/22/2012 <br />