Senate Bill 2084c1
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Florida Senate - 1998 CS for SB 2084
By the Committee on Community Affairs and Senator Clary
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1 A bill to be entitled
2 An act relating to professional regulation;
3 amending s. 455.225, F.S.; requiring the
4 Department of Business and Professional
5 Regulation to provide additional information
6 upon undertaking an investigation; amending s.
7 468.603, F.S.; providing definitions; creating
8 s. 468.604, F.S.; providing responsibilities of
9 building code administrators, plans examiners,
10 and inspectors; amending s. 468.605, F.S.;
11 providing membership of the Florida Building
12 Code Administrators and Inspectors Board;
13 amending s. 468.609, F.S.; providing standards
14 for certification as an inspector, building
15 code administrator, or plans examiner;
16 eliminating the board's authority to issue
17 temporary certificates; amending s. 468.617,
18 F.S.; providing that nothing prohibits local
19 governments from contracting with certified
20 persons to perform inspections; amending s.
21 468.627, F.S.; increasing the initial
22 examination fee; amending s. 468.631, F.S.;
23 providing for surcharge funds to be used for
24 continuing education and other training
25 programs; providing that local government
26 employees responsible for inspection and
27 enforcement of building codes do not pay for
28 such programs; creating ss. 471.045, 481.222,
29 F.S.; allowing architects and professional
30 engineers to perform the duties of building
31 code inspectors in specified circumstances;
1
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1 providing disciplinary guidelines; providing
2 restrictions; amending s. 489.129, F.S.;
3 clarifying what constitutes a knowing
4 violation; amending s. 489.131, F.S.;
5 clarifying the department's authority to
6 initiate disciplinary actions; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (1) of section 455.225, Florida
12 Statutes, is amended to read:
13 455.225 Disciplinary proceedings.--Disciplinary
14 proceedings for each board shall be within the jurisdiction of
15 the department.
16 (1)(a) The department, for the boards under its
17 jurisdiction, shall cause to be investigated any complaint
18 that is filed before it if the complaint is in writing, signed
19 by the complainant, and legally sufficient. A complaint is
20 legally sufficient if it contains ultimate facts that show
21 that a violation of this part, of any of the practice acts
22 relating to the professions regulated by the department, or of
23 any rule adopted by the department or a regulatory board in
24 the department has occurred. In order to determine legal
25 sufficiency, the department may require supporting information
26 or documentation. The department may investigate, and the
27 department or the appropriate board may take appropriate final
28 action on, a complaint even though the original complainant
29 withdraws it or otherwise indicates a desire not to cause the
30 complaint to be investigated or prosecuted to completion. The
31 department may investigate an anonymous complaint if the
2
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1 complaint is in writing and is legally sufficient, if the
2 alleged violation of law or rules is substantial, and if the
3 department has reason to believe, after preliminary inquiry,
4 that the violations alleged in the complaint are true. The
5 department may investigate a complaint made by a confidential
6 informant if the complaint is legally sufficient, if the
7 alleged violation of law or rule is substantial, and if the
8 department has reason to believe, after preliminary inquiry,
9 that the allegations of the complainant are true. The
10 department may initiate an investigation if it has reasonable
11 cause to believe that a licensee or a group of licensees has
12 violated a Florida statute, a rule of the department, or a
13 rule of a board.
14 (b) When an investigation of any subject is
15 undertaken, the department shall promptly furnish to the
16 subject or the subject's attorney a copy of the complaint or
17 document that resulted in the initiation of the investigation.
18 The department shall make the complaint and the entire
19 investigative file available to the subject. The complaint or
20 document provided by the department must contain information
21 regarding the specific facts that serve as the basis for the
22 complaint. The subject may submit a written response to the
23 information contained in such complaint or document within 20
24 days after service to the subject of the complaint or
25 document. The subject's written response shall be considered
26 by the probable cause panel. The right to respond does not
27 prohibit the issuance of a summary emergency order if
28 necessary to protect the public. However, if the secretary, or
29 the secretary's designee, and the chair of the respective
30 board or the chair of its probable cause panel agree in
31 writing that such notification would be detrimental to the
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1 investigation, the department may withhold notification. The
2 department may conduct an investigation without notification
3 to any subject if the act under investigation is a criminal
4 offense.
5 Section 2. Paragraph (c) of subsection (6) of section
6 468.603, Florida Statutes, is amended and paragraph (h) is
7 added to that subsection to read:
8 468.603 Definitions.--As used in this part:
9 (6) "Categories of building inspectors" include the
10 following:
11 (c) "Commercial electrical inspector" means a person
12 who is qualified to inspect and determine the electrical
13 safety of commercial buildings and structures by inspecting
14 for compliance with the provisions of the governing National
15 electrical code.
16 (h) "Electrical inspector" means a person who is
17 qualified to inspect and determine the electrical safety of
18 commercial and residential buildings and accessory structures
19 by inspecting for compliance with the provisions of the
20 governing electrical code.
21 Section 3. Section 468.604, Florida Statutes, is
22 created to read:
23 468.604 Responsibilities of building code
24 administrators, plans examiners and inspectors.--
25 (1) It is the responsibility of the building code
26 administrator or building official to administrate, supervise,
27 direct, enforce or perform the permitting and inspection of
28 construction, alteration, repair, remodeling, or demolition of
29 structures and the installation of building systems within the
30 boundaries of their governmental jurisdiction, when permitting
31 is required, to ensure compliance with building, plumbing,
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1 mechanical, electrical, gas fuel, energy conservation,
2 accessibility and other construction codes which are required
3 or adopted by municipal code, county ordinance, or state law.
4 The building code administrator or building official shall
5 faithfully perform these responsibilities without interference
6 from any person. These responsibilities include:
7 (a) The review of construction plans to ensure
8 compliance with all applicable codes. The construction plans
9 must be reviewed before the issuance of any building, system
10 installation, or other construction permit. The review of
11 construction plans must be done by the building code
12 administrator or building official or by a person having the
13 appropriate plans examiner license issued under this chapter.
14 (b) The inspection of each phase of construction where
15 a building or other construction permit has been issued. The
16 building code administrator or building official, or a person
17 having the appropriate building code inspector license issued
18 under this chapter, shall inspect the construction or
19 installation to ensure that the work is performed in
20 accordance with applicable codes.
21 (2) It is the responsibility of the building code
22 inspector to conduct inspections of construction, alteration,
23 repair, remodeling, or demolition of structures and the
24 installation of building systems, when permitting is required,
25 to ensure compliance with building, plumbing, mechanical,
26 electrical, gas fuel, energy conservation, accessibility, and
27 other construction codes required by municipal code, county
28 ordinance, or state law. Each building code inspector must be
29 licensed in the appropriate category as defined in s. 468.603.
30 The building code inspector's responsibilities must be
31 performed under the direction of the building code
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1 administrator or building official without interference from
2 any unlicensed person.
3 (3) It is the responsibility of the plans examiner to
4 conduct review of construction plans submitted in the permit
5 application to assure compliance with all applicable codes
6 required by municipal code, county ordinance, or state law.
7 The review of construction plans must be done by the building
8 code administrator or building official or by a person
9 licensed in the appropriate plans examiner category as defined
10 in s. 468.603. The plans examiner's responsibilities must be
11 performed under the supervision and authority of the building
12 code administrator or building official without interference
13 from any unlicensed person.
14 Section 4. Subsection (2) of section 468.605, Florida
15 Statutes, is amended to read:
16 468.605 Florida Building Code Administrators and
17 Inspectors Board.--
18 (2) The board shall consist of nine members, as
19 follows:
20 (a) One member who is an architect licensed pursuant
21 to chapter 481, an engineer licensed pursuant to chapter 471,
22 or a contractor licensed pursuant to chapter 489.
23 (b) Two members serving as building code
24 administrators.
25 (c) Two members One member serving as an a building
26 inspector who is without managerial authority in the employing
27 agency.
28 (d) One member serving as a plans examiner.
29 (e) One member who is a representative of a city or a
30 charter county.
31 (f) One member serving as a city manager.
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1 (f)(g) Two consumer members who are not, and have
2 never been, members of a profession regulated under this part,
3 chapter 481, chapter 471, or chapter 489. One of the consumer
4 members must be a person with a disability or a representative
5 of an organization which represents persons with disabilities.
6
7 None of the board members described in paragraph (a) or
8 paragraph (f) (g) may be an employee of a municipal, county,
9 or state governmental agency.
10 Section 5. Section 468.609, Florida Statutes, is
11 amended to read:
12 468.609 Administration of this part; standards for
13 certification; additional categories of certification.--
14 (1) Except as provided in this part, any person who
15 desires to be certified shall apply to the board, in writing
16 upon forms approved and furnished by the board, to take the
17 certification examination.
18 (2) A person shall be entitled to take the examination
19 for certification as an inspector or plans examiner pursuant
20 to this part if the person:
21 (a) Is at least 18 years of age;
22 (b) Is of good moral character; and
23 (c) Meets eligibility requirements according to one of
24 the following criteria:
25 1. Demonstrates 5 years' combined experience in the
26 field of construction or related field or inspection, or plans
27 review corresponding to the certification category sought;
28 2. Demonstrates a combination of postsecondary
29 education in the field of construction or related field and
30 experience which totals 4 years, with at least 1 year of such
31
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1 total being experience in construction, or building
2 inspection, or plans review; or
3 3. Currently holds a standard certificate as issued by
4 the board and satisfactorily completes an inspector or plans
5 examiner training program of not less than 200 hours in the
6 certification category sought. The board shall establish by
7 rule criteria for the development and implementation of the
8 training programs.
9 (3)3. A person shall be entitled to take the
10 examination for certification as a building code administrator
11 pursuant to this part if the person:
12 (a) Is at least 18 years of age;
13 (b) Is of good moral character; and
14 (c) Meets eligibility requirements according to one of
15 the following criteria:
16 1. For certification as a building code administrator
17 or building official, Demonstrates 10 years' combined
18 experience as an architect, engineer, plan examiner, building
19 code inspector, registered or certified contractor, or
20 construction superintendent, with at least 5 years of such
21 experience in supervisory positions; or.
22 2. Demonstrates a combination of postsecondary
23 education in the field of construction or related field, no
24 more than 5 years of which may be applied, and experience as
25 an architect, engineer, plan examiner, building code
26 inspector, registered or certified contractor, or construction
27 superintendent which totals 10 years, with at least 5 years of
28 such total being experience in supervisory positions.
29 (4)(3) No person may engage in the duties of a
30 building code administrator, plans examiner, or inspector
31 pursuant to this part after October 1, 1993, unless such
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1 person possesses one of the following types of certificates,
2 currently valid, issued by the board attesting to the person's
3 qualifications to hold such position:
4 (a) A standard certificate.
5 (b) A limited certificate.
6 (c) A provisional certificate.
7 (5)(4)(a) To obtain a standard certificate, an
8 individual must pass an examination approved by the board
9 which demonstrates that the applicant has fundamental
10 knowledge of the state laws and codes relating to the
11 construction of buildings for which the applicant has code
12 administration, plan examining, or inspection
13 responsibilities. It is the intent of the Legislature that
14 the examination approved for certification pursuant to this
15 part be substantially equivalent to the examinations
16 administered by the Southern Building Code Congress
17 International, the Building Officials Association of Florida,
18 the South Florida Building Code (Dade and Broward), and the
19 Council of American Building Officials.
20 (b) A standard certificate shall be issued to each
21 applicant who successfully completes the examination, which
22 certificate authorizes the individual named thereon to
23 practice throughout the state as a building code
24 administrator, plans examiner, or inspector within such class
25 and level as is specified by the board.
26 (c) The board may accept proof that the applicant has
27 passed an examination which is substantially equivalent to the
28 board-approved examination set forth in this section.
29 (6)(5)(a) A building code administrator, plans
30 examiner, or inspector holding office on July 1, 1993, shall
31 not be required to possess a standard certificate as a
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1 condition of tenure or continued employment, but shall be
2 required to obtain a limited certificate as described in this
3 subsection.
4 (b) By October 1, 1993, individuals who were employed
5 on July 1, 1993, as building code administrators, plans
6 examiners, or inspectors, who are not eligible for a standard
7 certificate, but who wish to continue in such employment,
8 shall submit to the board the appropriate application and
9 certification fees and shall receive a limited certificate
10 qualifying them to engage in building code administration,
11 plans examination, or inspection in the class, at the
12 performance level, and within the governmental jurisdiction in
13 which such person is employed.
14 (c) The limited certificate shall be valid only as an
15 authorization for the building code administrator, plans
16 examiner, or inspector to continue in the position held, and
17 to continue performing all functions assigned to that
18 position, on July 1, 1993.
19 (d) A building code administrator, plans examiner, or
20 inspector holding a limited certificate can be promoted to a
21 position requiring a higher level certificate only upon
22 issuance of a standard certificate or provisional certificate
23 appropriate for such new position.
24 (7)(6)(a) The board may provide for the issuance of
25 provisional or temporary certificates valid for such period,
26 not less than 1 year nor more than 3 years, as specified by
27 board rule, to any newly employed or promoted building code
28 administrator, plans examiner, or inspector newly employed or
29 newly promoted who lacks the qualifications prescribed by the
30 board or by statute as prerequisite to issuance of a standard
31 certificate.
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1 (b) No building code administrator, plans examiner, or
2 inspector may have a provisional or temporary certificate
3 extended beyond the specified period by renewal or otherwise.
4 (c) The board may provide for appropriate levels of
5 provisional or temporary certificates and may issue these
6 certificates with such special conditions or requirements
7 relating to the place of employment of the person holding the
8 certificate, the supervision of such person on a consulting or
9 advisory basis, or other matters as the board may deem
10 necessary to protect the public safety and health.
11 (d) A newly employed or hired person may perform the
12 duties of a plans examiner or inspector for 90 days if a
13 provisional certificate application has been submitted,
14 provided such person is under the direct supervision of a
15 certified building code administrator who holds a standard
16 certification and who has found such person qualified for a
17 provisional certificate.
18 (8)(7)(a) Any individual who holds a valid certificate
19 under the provisions of s. 553.795, or who has successfully
20 completed all requirements for certification pursuant to such
21 section, shall be deemed to have satisfied the requirements
22 for receiving a standard certificate prescribed by this part.
23 (b) Any individual who holds a valid certificate
24 issued by the Southern Building Code Congress International,
25 the Building Officials Association of Florida, the South
26 Florida Building Code (Dade and Broward), or the Council of
27 American Building Officials certification programs, or who has
28 been approved for certification under one of those programs
29 not later than October 1, 1995, shall be deemed to have
30 satisfied the requirements for receiving a standard
31 certificate in the corresponding category prescribed by this
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1 part. Employees of counties with a population of less than
2 50,000, or employees of municipalities with a population of
3 less than 3,500, shall be deemed to have satisfied the
4 requirements for standard certification where such employee is
5 approved for certification under one of the programs set forth
6 in this paragraph not later than October 1, 1998.
7 (9)(8) Any individual applying to the board may be
8 issued a certificate valid for multiple inspection classes, as
9 deemed appropriate by the board.
10 (10)(9) Certification and training classes may be
11 developed in coordination with degree career education
12 centers, community colleges, the State University System, or
13 other entities offering certification and training classes.
14 (11)(10) The board may by rule create categories of
15 certification in addition to those defined in s. 468.603(6)
16 and (7). Such certification categories shall not be mandatory
17 and shall not act to diminish the scope of any certificate
18 created by statute.
19 Section 6. Subsections (2) and (3) of section 468.617,
20 Florida Statutes, are amended to read:
21 468.617 Joint inspection department; other
22 arrangements.--
23 (2) Nothing in this part shall prohibit local
24 governments from contracting with employing persons certified
25 pursuant to this part to perform inspections or plan reviews
26 on a contract basis. An individual or entity may not inspect
27 or examine plans on projects in which the individual or entity
28 designed or permitted the projects.
29 (3) Nothing in this part shall prohibit any county or
30 municipal government from entering into any contract with any
31 person or entity for the provision of services regulated under
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1 this part, and notwithstanding any other statutory provision,
2 such county or municipal governments may enter into contracts
3 which provide for payment of inspection or review fees
4 directly to the contract provider.
5 Section 7. Section 468.627, Florida Statutes, is
6 amended to read:
7 468.627 Application; examination; renewal; fees.--
8 (1) The board shall establish by rule fees to be paid
9 for application, examination, reexamination, certification and
10 certification renewal, inactive status application, and
11 reactivation of inactive certificates. The board may
12 establish by rule a late renewal penalty. The board shall
13 establish fees which are adequate, when combined with revenue
14 generated by the provisions of s. 468.631, to ensure the
15 continued operation of this part. Fees shall be based on
16 department estimates of the revenue required to implement this
17 part.
18 (2) The initial application fee may not exceed $25 for
19 building code administrators, plans examiners, or inspectors.
20 (3) The initial examination fee may not exceed $150
21 $50 for building code administrators, plans examiners, or
22 inspectors.
23 (4) The initial certification fee may not exceed $25
24 for building code administrators, plans examiners, or
25 inspectors.
26 (5) The biennial certification renewal fee may not
27 exceed $25 for building code administrators, plans examiners,
28 or inspectors.
29 (4)(6) Employees of local government agencies having
30 responsibility for inspection, regulation, and enforcement of
31 building, plumbing, mechanical, electrical, gas, fire
13
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1 prevention, energy, accessibility, and other construction
2 codes shall pay no application fees or examination fees, and
3 shall pay not more than $5 each for initial certification and
4 biennial certification renewal fees.
5 (5)(7) The certificateholder shall provide proof, in a
6 form established by board rule, that the certificateholder has
7 completed at least 14 classroom hours of at least 50 minutes
8 each of continuing education courses during each biennium
9 since the issuance or renewal of the certificate. The board
10 shall by rule establish criteria for approval of continuing
11 education courses and providers, and may by rule establish
12 criteria for accepting alternative nonclassroom continuing
13 education on an hour-for-hour basis.
14 Section 8. Section 468.631, Florida Statutes, is
15 amended to read:
16 468.631 Building Code Administrators and Inspectors
17 Fund.--The provisions of this part shall be funded through a
18 surcharge, to be assessed pursuant to s. 125.56(4) or s.
19 166.201 at the rate of one-half cent per square foot of
20 under-roof floor space permitted, including new construction,
21 renovations, alterations, and additions. The unit of
22 government responsible for collecting permit fees pursuant to
23 s. 125.56(4) or s. 166.201 shall collect such surcharge and
24 shall remit the funds to the department on a quarterly
25 calendar basis beginning not later than December 31, 1993, for
26 the preceding quarter, and continuing each quarter third month
27 thereafter; and such unit of government may retain an amount
28 up to 25 10 percent of the surcharge collected to fund
29 projects and activities intended to improve the quality of
30 building code enforcement. Twenty-five percent of all
31 surcharge funds collected must be retained by the board for
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1 the development and implementation of continuing education and
2 other training programs as determined by board rule. Employees
3 of local government agencies having responsibility for
4 inspection, regulation, and enforcement of building, plumbing,
5 mechanical, electrical, gas, fire prevention, energy,
6 accessibility, and other construction codes shall not pay for
7 any continuing education courses or training programs
8 developed using these funds. There is created within the
9 Professional Regulation Trust Fund a separate account to be
10 known as the Building Code Administrators and Inspectors Fund,
11 which shall deposit and disburse funds as necessary for the
12 implementation of this part. The department shall annually
13 establish the amount needed to fund the certification and
14 regulation of building code administrators, plans examiners,
15 and inspectors. Any funds collected in excess of the amount
16 needed to adequately fund the certification, and regulation,
17 and continuing education and training programs as stated above
18 of building code administrators, plans examiners, and
19 inspectors shall be deposited into the Construction Industries
20 Recovery Fund established by s. 489.140. If the Construction
21 Industries Recovery Fund is fully funded as provided by s.
22 489.140, any remaining funds shall be distributed to the
23 Construction Industry Licensing Board for use in the
24 regulation of certified and registered contractors.
25 Section 9. Section 471.045, Florida Statutes, is
26 created to read:
27 471.045 Professional engineers performing building
28 code inspector duties.--Notwithstanding any other provision of
29 law, a person who is currently licensed under this chapter to
30 practice as a professional engineer may provide building
31 inspection services described in s. 468.603(6) and (7) to a
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1 local government or state agency upon its request, without
2 being certified by the Board of Building Code Administrators
3 and Inspectors under part XIII of chapter 468. When performing
4 these building inspection services, the professional engineer
5 is subject to the disciplinary guidelines of this chapter and
6 s. 468.621(1)(c)-(g). Any complaint processing, investigation,
7 and discipline that arise out of a professional engineer's
8 performing building inspection services shall be conducted by
9 the Board of Professional Engineers rather than the Board of
10 Building Code Administrators and Inspectors. A professional
11 engineer may not perform plans review as an employee of a
12 local government upon any job that the professional engineer
13 or the professional engineer's company designed.
14 Section 10. Section 481.222, Florida Statutes, is
15 created to read:
16 481.222 Architects performing building code inspector
17 duties.--Notwithstanding any other provision of law, a person
18 who is currently licensed to practice as an architect under
19 this part may provide building inspection services described
20 in s. 468.603(6) and (7) to a local government or state agency
21 upon its request, without being certified by the Board of
22 Building Code Administrators and Inspectors under part XIII of
23 chapter 468. With respect to the performance of such building
24 inspection services, the architect is subject to the
25 disciplinary guidelines of this part and s. 468.621(1)(c)-(g).
26 Any complaint processing, investigation, and discipline that
27 arise out of an architect's performance of building inspection
28 services shall be conducted by the Board of Architecture and
29 Interior Design rather than the Board of Building Code
30 Administrators and Inspectors. An architect may not perform
31
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1 plans review as an employee of a local government upon any job
2 that the architect or the architect's company designed.
3 Section 11. Paragraph (d) of subsection (1) of section
4 489.129, Florida Statutes, is amended to read:
5 489.129 Disciplinary proceedings.--
6 (1) The board may take any of the following actions
7 against any certificateholder or registrant: place on
8 probation or reprimand the licensee, revoke, suspend, or deny
9 the issuance or renewal of the certificate, registration, or
10 certificate of authority, require financial restitution to a
11 consumer for financial harm directly related to a violation of
12 a provision of this part, impose an administrative fine not to
13 exceed $5,000 per violation, require continuing education, or
14 assess costs associated with investigation and prosecution, if
15 the contractor, financially responsible officer, or business
16 organization for which the contractor is a primary qualifying
17 agent, a financially responsible officer, or a secondary
18 qualifying agent responsible under s. 489.1195 is found guilty
19 of any of the following acts:
20 (d) Knowingly violating the applicable building codes
21 or laws of the state or of any municipalities or counties
22 thereof. A violation is not a knowing violation if the
23 contractor has relied on a determination by the local building
24 official that the contractor's work complies with the
25 applicable building code.
26 Section 12. Paragraph (f) of subsection (7) of section
27 489.131, Florida Statutes, is amended to read:
28 489.131 Applicability.--
29 (7)
30 (f) The department may investigate any complaint which
31 is made with the department. However, if the department
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1 determines that the complaint is against a registered
2 contractor and the is for an action which a local jurisdiction
3 has a local enforcement body, the department shall not
4 initiate or continue an investigation or prosecution of the
5 complaint until the local jurisdiction enforcement body has
6 investigated and reached adjudication or accepted a plea of
7 nolo contendere, including a recommended penalty to the board,
8 the department shall not initiate prosecution for that action,
9 unless the secretary has initiated summary procedures pursuant
10 to s. 455.225(8). If the local enforcement body finds no
11 license violation has occurred, that determination is binding
12 on the department and the board.
13 Section 13. This act shall take effect July 1, 1998.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 Senate Bill 2084
17
18 This Committee Substitute for 2084 included the following
provisions:
19
Creates s. 471.045, F.S., and s. 481.222, F.S., to allow
20 certified engineers and architects to perform building
inspections and plan reviews for local governments and state
21 agencies without becoming certified as building inspectors or
plan reviewers by the Board of Building Code Administrators
22 and Inspectors pursuant to part XIII of chapter 468, F.S.;
23 Clarifies that local governments have the authority to
contract with qualified persons for "plan reviews" as well as
24 building inspections.
25 Amends s. 455.225, F.S., to require DBPR, when investigating
licensees, to make the complaint and entire investigative file
26 available to the licensee.
27 Amends s. 489.129, F.S., to clarify what constitutes
"knowingly violating" a building code, which is grounds for
28 disciplinary action against a licensee by DBPR. In addition,
s. 489.131, F.S., is amended to clarify the department's
29 authority to initiate disciplinary actions against a licensee.
30
31
18