New Statute Would Add Definitions to Contractor Licensing Statute and Require Contractors to Pay Subcontractors within Certain Timelines.
SB 290 (2026) has passed both houses of the Florida Legislature and will soon be sent to the Governor for signature. The bill makes two additions to 489.105, Florida Statutes, which contains the definitions applicable to Part I of Chapter 489, and creates 489.1295, Florida Statutes, which deals with nonpayment of subcontractors.
The amendment of 489.105, Florida Statutes, adds a definition for “Subcontractor” and “Supplier,” both of which are defined to be identical to the definitions of those terms in Chapter 558.002, Florida Statutes. Those definitions are as follows:
“Subcontractor” means a person, as defined in s. 1.01, who is a contractor who performs labor and supplies material on behalf of another contractor in the construction or remodeling of real property.
“Supplier” means a person, as defined in s. 1.01, who provides only materials, equipment, or other supplies for the construction or remodeling of real property.
The bill also creates 489.1295, Florida Statutes, which states as follows:
Prohibition against nonpayment.— (1) A licensed contractor must compensate a subcontractoror supplier, unless there is a bona fide dispute regarding the amount due, if any, for services, labor, or materials: (a) Within 45 days after receiving payment for the services performed or materials supplied by the subcontractor or supplier; or (b) In accordance with the terms of the contract for such services, labor, or materials. (2) A licensed contractor who knowingly or willfully violates this section is subject to disciplinary proceedings as provided in s. 489.129.
If signed by the Governor, these changes would take effect July 1, 2026.
Jason Lambert is a Florida Board Certified Construction Attorney and Partner in the Construction Industry Practice Group at Hill Ward Henderson, in Tampa, Florida. He is also the founder and chief contributor to the Hammer & Gavel construction law blog. Jason focuses his practice on representing contractors, subcontractors, and materials suppliers throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He can be reached at jason.lambert@hwhlaw.com or 813-227-8495.
