CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2336

    Amendment No.    

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11  Senator Clary moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 22, line 1, through page 25, line 26, delete

15  those lines

16

17  and insert:

18         Section 10.  Subsections (2), (7) and (10) and

19  paragraphs (c) of subsection (6) of section 489.131, Florida

20  Statutes, are amended to read:

21         489.131  Applicability.--

22         (2)  The state or any county or municipality shall

23  require that bids submitted for construction, improvement,

24  remodeling, or repair on of public projects buildings be

25  accompanied by evidence that the bidder holds an appropriate

26  certificate or registration, unless the work to be performed

27  is exempt under s. 489.103.

28         (6)

29         (c)  Each local board or agency that licenses

30  contractors must transmit quarterly monthly to the board a

31  report of any disciplinary action taken against contractors

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2336

    Amendment No.    





 1  and of any administrative or disciplinary action taken against

 2  unlicensed persons for engaging in the business or acting in

 3  the capacity of a contractor including any cease and desist

 4  orders issued pursuant to s. 489.113(2)(b) and any fine issued

 5  pursuant to s. 489.127(5).

 6         (7)(a)  It is the policy of the state that the purpose

 7  of regulation is to protect the public by attaining compliance

 8  with the policies established in law.  Fines and other

 9  penalties are provided in order to ensure compliance; however,

10  the collection of fines and the imposition of penalties are

11  intended to be secondary to the primary goal of attaining

12  compliance with state laws and local jurisdiction ordinances.

13  It is the intent of the Legislature that a local jurisdiction

14  agency charged with enforcing regulatory laws shall issue a

15  notice of noncompliance as its first response to a minor

16  violation of a regulatory law in any instance in which it is

17  reasonable to assume that the violator was unaware of such a

18  law or unclear as to how to comply with it.  A violation of a

19  regulatory law is a "minor violation" if it does not result in

20  economic or physical harm to a person or adversely affect the

21  public health, safety, or welfare or create a significant

22  threat of such harm.  A "notice of noncompliance" is a

23  notification by the local jurisdiction agency charged with

24  enforcing the ordinance, which is issued to the licensee that

25  is subject to the ordinance.  A notice of noncompliance should

26  not be accompanied with a fine or other disciplinary penalty.

27  It should identify the specific ordinance that is being

28  violated, provide information on how to comply with the

29  ordinance, and specify a reasonable time for the violator to

30  comply with the ordinance.  Failure of a licensee to take

31  action correcting the violation within a set period of time

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2336

    Amendment No.    





 1  would then result in the institution of further disciplinary

 2  proceedings.

 3         (b)  The local governing body of a county or

 4  municipality, or its local enforcement body, is authorized to

 5  enforce the provisions of this part as well as its local

 6  ordinances against locally licensed or registered contractors,

 7  as appropriate.  The local jurisdiction enforcement body may

 8  conduct disciplinary proceedings against a locally licensed or

 9  registered contractor and may require restitution, impose a

10  suspension or revocation of his or her local license, or a

11  fine not to exceed $5,000, or a combination thereof, against

12  the locally licensed or registered contractor, according to

13  ordinances which a local jurisdiction may enact.  In addition,

14  the local jurisdiction may assess reasonable investigative and

15  legal costs for the prosecution of the violation against the

16  violator, according to such ordinances as the local

17  jurisdiction may enact.

18         (c)  In addition to any action the local jurisdiction

19  enforcement body may take against the individual's local

20  license, and any fine the local jurisdiction may impose, the

21  local jurisdiction enforcement body shall issue a recommended

22  penalty for board action.  This recommended penalty may

23  include a recommendation for no further action, or a

24  recommendation for suspension, revocation, or restriction of

25  the registration, or a fine to be levied by the board, or a

26  combination thereof.  The local jurisdiction enforcement body

27  shall inform the disciplined contractor and the complainant of

28  the local license penalty imposed, the board penalty

29  recommended, his or her rights to appeal, and the consequences

30  should he or she decide not to appeal.  The local jurisdiction

31  enforcement body shall, upon having reached adjudication or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2336

    Amendment No.    





 1  having accepted a plea of nolo contendere, immediately inform

 2  the board of its action and the recommended board penalty.

 3         (d)  The department, the disciplined contractor, or the

 4  complainant may challenge the local jurisdiction enforcement

 5  body's recommended penalty for board action to the

 6  Construction Industry Licensing Board.  A challenge shall be

 7  filed within 60 days after the issuance of the recommended

 8  penalty to the board.  If challenged, there is a presumptive

 9  finding of probable cause and the case may proceed without the

10  need for a probable cause hearing.

11         (e)  Failure of the department, the disciplined

12  contractor, or the complainant to challenge the local

13  jurisdiction's recommended penalty within the time period set

14  forth in this subsection shall constitute a waiver of the

15  right to a hearing before the board.  A waiver of the right to

16  a hearing before the board shall be deemed an admission of the

17  violation, and the penalty recommended shall become a final

18  order according to procedures developed by board rule without

19  further board action. The disciplined contractor may appeal

20  this board action to the district court.

21         (f)1.  The department may investigate any complaint

22  which is made with the department.  However, the department

23  may not initiate or pursue any if the department determines

24  that the complaint against a registered contractor who is not

25  also a certified contractor where a local jurisdiction

26  enforcement body has jurisdiction over the complaint, unless

27  summary procedures are initiated by the secretary pursuant to

28  s. 455.225(8), or unless the local jurisdiction enforcement

29  body has failed to investigate and prosecute a complaint, or

30  make a finding of no violation, within 6 months of receiving

31  the complaint. The department shall refer the complaint to the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2336

    Amendment No.    





 1  local jurisdiction enforcement body for investigation, and if

 2  appropriate, prosecution. However, the department may

 3  investigate such complaints to the extent necessary to

 4  determine whether summary procedures should be initiated is

 5  for an action which a 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).

11         2.  Upon a recommendation by the department, the board

12  may make conditional, suspend, or rescind its determination of

13  the adequacy of the local government enforcement body's

14  disciplinary procedures granted under s. 489.117(2).

15         (g)  Nothing in this subsection shall be construed to

16  allow local jurisdictions to exercise disciplinary authority

17  over certified contractors.

18         (10)  No municipal or county government may issue any

19  certificate of competency or license for any contractor

20  defined in s. 489.105(3)(a)-(o) after July 1, 1993, unless

21  such local government exercises disciplinary control and

22  oversight over such locally licensed contractors, including

23  forwarding a recommended order in each action to the board as

24  provided in subsection (7). Each local board that licenses and

25  disciplines contractors must have at least two consumer

26  representatives on that board. If the board has seven or more

27  members, at least three of those members must be consumer

28  representatives. The consumer representative may be any

29  resident of the local jurisdiction that is not, and has never

30  been, a member or practitioner of a profession regulated by

31  the board or a member of any closely related profession.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2336

    Amendment No.    





 1         Section 11.  The amendments to paragraph (f) of

 2  subsection (7) of section 489.131 of this act shall not affect

 3  any investigative activities or administrative actions

 4  commenced by the department as a result of complaints filed

 5  prior to the effective date of this legislation.

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 7  (Redesignate subsequent sections.)

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10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 1, lines 28-31, delete those lines

13

14  and insert:

15         amending s. 489.131, F.S.; requiring that bids

16         for public projects be accompanied by certain

17         evidence; requiring local boards or agencies

18         that license contractors to transmit quarterly

19         reports; clarifying the department's authority

20         to initiate disciplinary actions; providing

21         that local boards that license and discipline

22         contractors must have at least 2 consumer

23         representatives; amending s. 469.001, F.S.;

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