Senate Bill 2336

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    Florida Senate - 1998                                  SB 2336

    By Senator Clary





    7-1652A-98

  1                      A bill to be entitled

  2         An act relating to contracting; amending s.

  3         489.103, F.S.; providing exemptions from

  4         regulation for the sale, delivery, assembly, or

  5         tie-down of prefabricated portable sheds under

  6         certain conditions; amending s. 489.105, F.S.;

  7         revising and providing definitions applicable

  8         to contractors; amending s. 489.107, F.S.;

  9         eliminating reference to board jurisdiction

10         over examinations; requiring the Construction

11         Industry Licensing Board and the Electrical

12         Contractors' Licensing Board to each appoint a

13         committee to meet jointly at least twice a

14         year; amending s. 489.113, F.S.; providing that

15         expansion of the scope of practice of any type

16         of contractor does not limit the scope of

17         practice of any existing type of contractor

18         unless the Legislature expressly provides such

19         limitation; repealing s. 489.1135, F.S., which

20         provides for certification of underground

21         utility and excavation contractors; creating s.

22         489.1136, F.S.; providing for medical gas

23         certification for plumbing contractors who

24         install, improve, repair, or maintain conduits

25         used to transport gaseous or partly gaseous

26         substances for medical purposes; requiring

27         certain coursework; requiring an examination

28         for certain persons; providing for discipline

29         and penalties; providing a definition; amending

30         s. 553.06, F.S.; providing that plumbing

31         contractors who install, improve, repair, or

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  1         maintain such conduits shall be governed by the

  2         National Fire Prevention Association Standard

  3         99C; amending s. 489.115, F.S.; authorizing

  4         certificateholders and registrants to apply

  5         continuing education courses earned under other

  6         regulatory provisions under certain

  7         circumstances; amending s. 489.119, F.S.;

  8         detailing what constitutes an incomplete

  9         contract for purposes of work allowed a

10         business organization under temporary

11         certification or registration; amending s.

12         489.140, F.S.; eliminating a provision that

13         requires the transfer of surplus moneys from

14         fines into the Construction Industries Recovery

15         Fund; amending s. 489.141, F.S.; clarifying

16         provisions relating to conditions for recovery

17         from the fund; eliminating a notice

18         requirement; revising a limitation on the

19         making of a claim; amending s. 489.142, F.S.;

20         revising a provision relating to powers of the

21         Construction Industry Licensing Board with

22         respect to actions for recovery from the fund,

23         to conform; amending s. 489.143, F.S.; revising

24         provisions relating to payment from the fund;

25         amending s. 489.503, F.S., relating to

26         exemptions from part II of chapter 489, F.S.,

27         relating to electrical and alarm system

28         contracting; revising an exemption that applies

29         to telecommunications, community antenna

30         television, and radio distribution systems, to

31         include cable television systems; providing

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  1         exemptions relating to the monitoring of alarm

  2         systems by law enforcement employees or

  3         officers or fire department employees or

  4         officials, by employees of state or federally

  5         chartered financial institutions, or by

  6         employees of a business; amending s. 489.505,

  7         F.S., and repealing subsection (24), relating

  8         to the definition of "limited burglar alarm

  9         system contractor"; redefining terms applicable

10         to electrical and alarm system contracting;

11         defining the term "monitoring"; amending s.

12         489.507, F.S.; requiring the Electrical

13         Contractors' Licensing Board and the

14         Construction Industry Licensing Board to each

15         appoint a committee to meet jointly at least

16         twice a year; amending s. 489.509, F.S.;

17         eliminating reference to the payment date of

18         the biennial renewal fee for certificateholders

19         and registrants; eliminating an inconsistent

20         provision relating to failure to renew an

21         active or inactive certificate or registration;

22         providing for transfer of a portion of certain

23         fees applicable to regulation of electrical and

24         alarm system contracting to fund certain

25         projects relating to the building construction

26         industry and continuing education programs

27         related thereto; amending s. 489.511, F.S.;

28         revising eligibility requirements for

29         certification as an electrical or alarm system

30         contractor; authorizing the taking of the

31         certification examination more than three times

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  1         and providing requirements with respect

  2         thereto; eliminating an obsolete provision;

  3         amending s. 489.513, F.S.; revising

  4         registration requirements for electrical

  5         contractors; amending s. 489.517, F.S.;

  6         authorizing certificateholders and registrants

  7         to apply continuing education courses earned

  8         under other regulatory provisions under certain

  9         circumstances; providing for verification of

10         public liability and property damage insurance;

11         amending s. 489.519, F.S.; authorizing

12         certificateholders and registrants to apply for

13         voluntary inactive status at any time during

14         the period of certification or registration;

15         authorizing a person passing the certification

16         examination and applying for licensure to place

17         his or her license on inactive status without

18         having to qualify a business; amending s.

19         489.521, F.S.; providing conditions on

20         qualifying agents qualifying more than one

21         business organization; providing for revocation

22         or suspension of such qualification for

23         improper supervision; providing technical

24         changes; amending s. 489.525, F.S.; revising

25         reporting requirements of the Department of

26         Business and Professional Regulation to local

27         boards and building officials; providing

28         applicability with respect to information

29         provided on the Internet; amending s. 489.533,

30         F.S.; revising and providing grounds for

31         discipline; providing penalties; reenacting s.

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  1         489.518(5), F.S., relating to alarm system

  2         agents, to incorporate the amendment to s.

  3         489.533, F.S., in a reference thereto; amending

  4         s. 489.537, F.S.; authorizing registered

  5         electrical contractors to install raceways for

  6         alarm systems; providing that licensees under

  7         pt. II, ch. 489, F.S., are subject, as

  8         applicable, to certain provisions relating to

  9         local occupational license taxes; amending ss.

10         489.539, 553.19, F.S.; updating electrical and

11         alarm standards; adding a national code

12         relating to fire alarms to the minimum

13         electrical and alarm standards required in this

14         state; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Subsections (17) and (18) are added to

19  section 489.103, Florida Statutes, to read:

20         489.103  Exemptions.--This part does not apply to:

21         (17)  The sale, delivery, assembly, or tie-down of

22  prefabricated portable sheds that are not more than 250 square

23  feet in interior size and are not intended for use as a

24  residence or as living quarters. This exemption may not be

25  construed to interfere with local building codes, local

26  licensure requirements, or other local ordinance provisions.

27         (18)  Any one-family, two-family, or three-family

28  residence constructed by Habitat for Humanity International,

29  Inc., or its local affiliates. Habitat for Humanity

30  International, Inc., or its local affiliates, must:

31         (a)  Obtain all necessary building permits; and

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  1         (b)  Obtain all required building inspections.

  2         Section 2.  Paragraphs (a), (d), (f), (g), (h), (i),

  3  (l), and (n) of subsection (3) of section 489.105, Florida

  4  Statutes, are amended, and subsection (19) is added to that

  5  section, to read:

  6         489.105  Definitions.--As used in this part:

  7         (3)  "Contractor" means the person who is qualified

  8  for, and shall only be responsible for, the project contracted

  9  for and means, except as exempted in this part, the person

10  who, for compensation, undertakes to, submits a bid to, or

11  does himself or herself or by others construct, repair, alter,

12  remodel, add to, demolish, subtract from, or improve any

13  building or structure, including related improvements to real

14  estate, for others or for resale to others; and whose job

15  scope is substantially similar to the job scope described in

16  one of the subsequent paragraphs of this subsection. For the

17  purposes of regulation under this part, "demolish" applies

18  only to demolition of steel tanks over 50 feet in height;

19  towers over 50 feet in height; other structures over 50 feet

20  in height, other than buildings or residences over three

21  stories tall; and buildings or residences over three stories

22  tall. Contractors are subdivided into two divisions, Division

23  I, consisting of those contractors defined in paragraphs

24  (a)-(c), and Division II, consisting of those contractors

25  defined in paragraphs (d)-(q):

26         (a)  "General contractor" means a contractor whose

27  services are unlimited as to the type of work which he or she

28  may do, who may contract for any activity requiring licensure

29  under this part, and who may perform any work requiring

30  licensure under this part, except as otherwise expressly

31  provided in s. 489.113 this part.

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  1         (d)  "Sheet metal contractor" means a contractor whose

  2  services are unlimited in the sheet metal trade and who has

  3  the experience, knowledge, and skill necessary for the

  4  manufacture, fabrication, assembling, handling, erection,

  5  installation, dismantling, conditioning, adjustment,

  6  insulation, alteration, repair, servicing, or design, when not

  7  prohibited by law, of ferrous or nonferrous metal work of U.S.

  8  No. 10 gauge or its equivalent or lighter gauge and of other

  9  materials, including, but not limited to, fiberglass, used in

10  lieu thereof and of air-handling systems, including the

11  setting of air-handling equipment and reinforcement of same,

12  and including the balancing of air-handling systems, and any

13  duct cleaning and equipment sanitizing which requires at least

14  a partial disassembling of the system.

15         (f)  "Class A air-conditioning contractor" means a

16  contractor whose services are unlimited in the execution of

17  contracts requiring the experience, knowledge, and skill to

18  install, maintain, repair, fabricate, alter, extend, or

19  design, when not prohibited by law, central air-conditioning,

20  refrigeration, heating, and ventilating systems, including

21  duct work in connection with a complete system only to the

22  extent such duct work is performed by the contractor as is

23  necessary to make complete an air-distribution system, boiler

24  and unfired pressure vessel systems, and all appurtenances,

25  apparatus, or equipment used in connection therewith, and any

26  duct cleaning and equipment sanitizing which requires at least

27  a partial disassembling of the system; to install, maintain,

28  repair, fabricate, alter, extend, or design, when not

29  prohibited by law, piping, insulation of pipes, vessels and

30  ducts, pressure and process piping, and pneumatic control

31  piping; to replace, disconnect, or reconnect power wiring on

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  1  the load side of the dedicated existing electrical disconnect

  2  switch; to install, disconnect, and reconnect low voltage

  3  heating, ventilating, and air-conditioning control wiring; and

  4  to install a condensate drain from an air-conditioning unit to

  5  an existing safe waste or other approved disposal other than a

  6  direct connection to a sanitary system. The scope of work for

  7  such contractor shall also include any excavation work

  8  incidental thereto, but shall not include any work such as

  9  liquefied petroleum or natural gas fuel lines within

10  buildings, potable water lines or connections thereto,

11  sanitary sewer lines, swimming pool piping and filters, or

12  electrical power wiring.

13         (g)  "Class B air-conditioning contractor" means a

14  contractor whose services are limited to 25 tons of cooling

15  and 500,000 Btu of heating in any one system in the execution

16  of contracts requiring the experience, knowledge, and skill to

17  install, maintain, repair, fabricate, alter, extend, or

18  design, when not prohibited by law, central air-conditioning,

19  refrigeration, heating, and ventilating systems, including

20  duct work in connection with a complete system only to the

21  extent such duct work is performed by the contractor as is

22  necessary to make complete an air-distribution system being

23  installed under this classification, and any duct cleaning and

24  equipment sanitizing which requires at least a partial

25  disassembling of the system; to install, maintain, repair,

26  fabricate, alter, extend, or design, when not prohibited by

27  law, piping and insulation of pipes, vessels, and ducts; to

28  replace, disconnect, or reconnect power wiring on the load

29  side of the dedicated existing electrical disconnect switch;

30  to install, disconnect, and reconnect low voltage heating,

31  ventilating, and air-conditioning control wiring; and to

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  1  install a condensate drain from an air-conditioning unit to an

  2  existing safe waste or other approved disposal other than a

  3  direct connection to a sanitary system. The scope of work for

  4  such contractor shall also include any excavation work

  5  incidental thereto, but shall not include any work such as

  6  liquefied petroleum or natural gas fuel lines within

  7  buildings, potable water lines or connections thereto,

  8  sanitary sewer lines, swimming pool piping and filters, or

  9  electrical power wiring.

10         (h)  "Class C air-conditioning contractor" means a

11  contractor whose business is limited to the servicing of

12  air-conditioning, heating, or refrigeration systems, including

13  any duct cleaning and equipment sanitizing which requires at

14  least a partial disassembling of the system alterations in

15  connection with those systems he or she is servicing, and

16  whose certification or registration, issued pursuant to this

17  part, was valid on October 1, 1988. No person not previously

18  registered or certified as a Class C air-conditioning

19  contractor as of October 1, 1988, shall be so registered or

20  certified after October 1, 1988. However, the board shall

21  continue to license and regulate those Class C

22  air-conditioning contractors who held Class C licenses prior

23  to October 1, 1988.

24         (i)  "Mechanical contractor" means a contractor whose

25  services are unlimited in the execution of contracts requiring

26  the experience, knowledge, and skill to install, maintain,

27  repair, fabricate, alter, extend, or design, when not

28  prohibited by law, central air-conditioning, refrigeration,

29  heating, and ventilating systems, including duct work in

30  connection with a complete system only to the extent such duct

31  work is performed by the contractor as is necessary to make

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  1  complete an air-distribution system, boiler and unfired

  2  pressure vessel systems, lift station equipment and piping,

  3  and all appurtenances, apparatus, or equipment used in

  4  connection therewith, and any duct cleaning and equipment

  5  sanitizing which requires at least a partial disassembling of

  6  the system; to install, maintain, repair, fabricate, alter,

  7  extend, or design, when not prohibited by law, piping,

  8  insulation of pipes, vessels and ducts, pressure and process

  9  piping, pneumatic control piping, gasoline tanks and pump

10  installations and piping for same, standpipes, air piping,

11  vacuum line piping, oxygen lines, nitrous oxide piping, ink

12  and chemical lines, fuel transmission lines, and natural gas

13  fuel lines within buildings; to replace, disconnect, or

14  reconnect power wiring on the load side of the dedicated

15  existing electrical disconnect switch; to install, disconnect,

16  and reconnect low voltage heating, ventilating, and

17  air-conditioning control wiring; and to install a condensate

18  drain from an air-conditioning unit to an existing safe waste

19  or other approved disposal other than a direct connection to a

20  sanitary system. The scope of work for such contractor shall

21  also include any excavation work incidental thereto, but shall

22  not include any work such as liquefied petroleum gas fuel

23  lines within buildings, potable water lines or connections

24  thereto, sanitary sewer lines, swimming pool piping and

25  filters, or electrical power wiring.

26         (l)  "Swimming pool/spa servicing contractor" means a

27  contractor whose scope of work involves the servicing and

28  repair of any swimming pool or hot tub or spa, whether public

29  or private. The scope of such work may include any necessary

30  piping and repairs, replacement and repair of existing

31  equipment, or installation of new additional equipment as

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  1  necessary. The scope of such work includes the reinstallation

  2  of tile and coping, repair and replacement of all piping,

  3  filter equipment, and chemical feeders of any type,

  4  replastering, reconstruction of decks, and reinstallation or

  5  addition of pool heaters. The installation, construction,

  6  modification, substantial or complete disassembly, or

  7  replacement of equipment permanently attached to and

  8  associated with the pool or spa for the purpose of water

  9  treatment or cleaning of the pool or spa requires licensure;

10  however, the usage of such equipment for the purposes of water

11  treatment or cleaning shall not require licensure unless the

12  usage involves construction, modification, substantial or

13  complete disassembly, or replacement of such equipment. Water

14  treatment that does not require such equipment does not

15  require a license. In addition, a license shall not be

16  required for the cleaning of the pool or spa in any way that

17  does not affect the structural integrity of the pool or spa or

18  its associated equipment.

19         (n)  "Underground utility and excavation contractor"

20  means a contractor whose services are limited to the

21  construction, installation, and repair, on public or private

22  property, whether accomplished through open excavations or

23  through other means, including, but not limited to,

24  directional drilling, auger boring, jacking and boring,

25  trenchless technologies, wet and dry taps, grouting, and slip

26  lining, of main sanitary sewer collection systems, main water

27  distribution systems, storm sewer collection systems, and the

28  continuation of utility lines from the main systems to a point

29  of termination up to and including the meter location for the

30  individual occupancy, sewer collection systems at property

31  line on residential or single-occupancy commercial properties,

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  1  or on multioccupancy properties at manhole or wye lateral

  2  extended to an invert elevation as engineered to accommodate

  3  future building sewers, water distribution systems, or storm

  4  sewer collection systems at storm sewer structures. However,

  5  an underground utility and excavation contractor may install

  6  empty underground conduits in rights-of-way, easements,

  7  platted rights-of-way in new site development, and sleeves for

  8  parking lot crossings no smaller than 2 inches in diameter,

  9  provided that each conduit system installed is designed by a

10  licensed professional engineer or an authorized employee of a

11  municipality, county, or public utility and that the

12  installation of any such conduit does not include installation

13  of any conductor wiring or connection to an energized

14  electrical system. An underground utility and excavation

15  contractor shall not install any piping that is an integral

16  part of a fire protection system as defined in s. 633.021(7)

17  beginning at the point where the piping is used exclusively

18  for such system.

19         (19)  "Initial issuance" means the first time a

20  certificate or registration is granted to an individual or

21  business organization, including the first time an individual

22  becomes a qualifying agent for that business organization and

23  the first time a business organization is qualified by that

24  individual.

25         Section 3.  Subsections (4) and (6) of section 489.107,

26  Florida Statutes, are amended to read:

27         489.107  Construction Industry Licensing Board.--

28         (4)  The board shall be divided into two divisions,

29  Division I and Division II.

30         (a)  Division I is comprised of the general contractor,

31  building contractor, and residential contractor members of the

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  1  board; one of the members appointed pursuant to paragraph

  2  (2)(j); and one of the members appointed pursuant to paragraph

  3  (2)(k). Division I has jurisdiction over the examination and

  4  regulation of general contractors, building contractors, and

  5  residential contractors.

  6         (b)  Division II is comprised of the roofing

  7  contractor, sheet metal contractor, air-conditioning

  8  contractor, mechanical contractor, pool contractor, plumbing

  9  contractor, and underground utility and excavation contractor

10  members of the board; one of the members appointed pursuant to

11  paragraph (2)(j); and one of the members appointed pursuant to

12  paragraph (2)(k). Division II has jurisdiction over the

13  examination and regulation of contractors defined in s.

14  489.105(3)(d)-(p).

15         (c)  Jurisdiction for the examination and regulation of

16  specialty contractors defined in s. 489.105(3)(q) shall lie

17  with the division having jurisdiction over the scope of work

18  of the specialty contractor as defined by board rule.

19         (6)  The Construction Industry Licensing Board and the

20  Electrical Contractors' Licensing Board shall each appoint a

21  committee to meet jointly in joint session at least twice a

22  year.

23         Section 4.  Subsection (10) of section 489.113, Florida

24  Statutes, is amended to read:

25         489.113  Qualifications for practice; restrictions.--

26         (10)  The addition of a new type of contractor or the

27  expansion of the scope of practice of any type of contractor

28  under this part shall not limit the scope of practice of any

29  existing type of contractor under this part unless the

30  Legislature expressly provides such a limitation.

31

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  1         Section 5.  Section 489.1135, Florida Statutes, is

  2  repealed.

  3         Section 6.  Section 489.1136, Florida Statutes, is

  4  created to read:

  5         489.1136  Medical gas certification.--

  6         (1)(a)  In addition to the certification or

  7  registration required to engage in business as a plumbing

  8  contractor, any plumbing contractor who wishes to engage in

  9  the business of installation, improvement, repair, or

10  maintenance of any tubing, pipe, or similar conduit used to

11  transport gaseous or partly gaseous substances for medical

12  purposes shall take, as part of the contractor's continuing

13  education requirement, at least once during the holding of

14  such license, a course of at least of 6 hours. Such course

15  shall be given by an instructional facility or teaching entity

16  that has been approved by the board. In order for a course to

17  be approved, the board must find that the course is designed

18  to teach familiarity with the National Fire Prevention

19  Association Standard 99C (Standard on Gas and Vacuum Systems,

20  latest edition) and also designed to teach familiarity and

21  practical ability in performing and inspecting brazing duties

22  required of medical gas installation, improvement, repair, or

23  maintenance work. Such course shall issue a certificate of

24  completion to the taker of the course, which certificate shall

25  be available for inspection by any entity or person seeking to

26  have such contractor engage in the business of installation,

27  improvement, repair, or maintenance of a medical gas system.

28         (b)  Any other natural person who is employed by a

29  licensed plumbing contractor to provide work on the

30  installation, improvement, repair, or maintenance of a medical

31  gas system, except as noted in paragraph (c), shall, as a

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  1  prerequisite to his or her ability to provide such service,

  2  take a course approved by the board. Such course shall be at

  3  least 8 hours and consist of both classroom and practical work

  4  designed to teach familiarity with the National Fire

  5  Prevention Association Standard 99C (Standard on Gas and

  6  Vacuum Systems, latest edition) and also designed to teach

  7  familiarity and practical ability in performing and inspecting

  8  brazing duties required of medical gas installation,

  9  improvement, repair, or maintenance work. Such course shall

10  also include the administration of a practical examination in

11  the skills required to perform work as outlined above,

12  including brazing, and each examination shall be reasonably

13  constructed to test for knowledge of the subject matter. The

14  person taking such course and examination must, upon

15  successful completion of both, be issued a certificate of

16  completion by the giver of such course, which certificate

17  shall be made available by the holder for inspection by any

18  person or entity seeking to have such person perform work on

19  the installation, improvement, repair, or maintenance of a

20  medical gas system.

21         (c)  Any other natural person who wishes to perform

22  only brazing duties incidental to the installation,

23  improvement, repair, or maintenance of a medical gas system

24  shall pass an examination designed to show that person's

25  familiarity with and practical ability in performing brazing

26  duties required of medical gas installation, improvement,

27  repair, or maintenance. Such examination shall be from a test

28  approved by the board. Such examination must test for

29  knowledge of National Fire Prevention Association Standard 99C

30  (Standard on Gas and Vacuum Systems, latest edition). The

31  person taking such examination must, upon passing such

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  1  examination, be issued a certificate of completion by the

  2  giver of such examination, and such certificate shall be made

  3  available by the holder for inspection by any person or entity

  4  seeking to have or employ such person to perform brazing

  5  duties on a medical gas system.

  6         (d)  It is the responsibility of the licensed plumbing

  7  contractor to ascertain whether members of his or her

  8  workforce are in compliance with this subsection, and such

  9  contractor is subject to discipline under s. 489.129 for

10  violation of this subsection.

11         (e)  Training programs in medical gas piping

12  installation, improvement, repair, or maintenance shall be

13  reviewed annually by the board to ensure that programs have

14  been provided equitably across the state.

15         (f)  Periodically, the board shall review training

16  programs in medical gas piping installation for quality in

17  content and instruction in accordance with the National Fire

18  Prevention Association Standard 99C (Standard on Gas and

19  Vacuum Systems, latest edition). The board shall also respond

20  to complaints regarding approved programs.

21         (g)  Training required under this section for current

22  licensees must be met by October 1, 2000.

23         (2)(a)  On any job site where a medical gas system is

24  being installed, improved, repaired, or maintained, it is

25  required that a person qualified under paragraph (1)(a) or

26  paragraph (1)(b) must be present. When any brazing work is

27  performed by a person qualified under paragraph (1)(c), a

28  person qualified under paragraph (1)(a) or paragraph (1)(b)

29  must be present.

30         (b)  It is the responsibility of the licensed

31  contractor to ascertain whether members of his or her

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  1  workforce are in compliance with paragraph (a), and such

  2  contractor is subject to discipline under s. 489.129 for

  3  violation of this subsection.

  4         (3)  The term "medical" as used in this section means

  5  any medicinal, life-supporting, or health-related purpose. Any

  6  and all gaseous or partly gaseous substance used in medical

  7  patient care and treatment shall be presumed for the purpose

  8  of this section to be used for medical purposes.

  9         Section 7.  Subsection (4) is added to section 553.06,

10  Florida Statutes, to read:

11         553.06  State Plumbing Code.--

12         (4)  All installations, improvements, maintenance, or

13  repair relating to tubing, pipe, or similar conduit used to

14  transport gaseous or partly gaseous substances for medical

15  purposes shall be governed and regulated under National Fire

16  Prevention Association Standard 99C (Standard on Gas and

17  Vacuum Systems, latest edition). Notwithstanding the

18  prohibition of s. 553.11, no county or municipality is exempt

19  or excepted from the requirements of this subsection.

20         Section 8.  Paragraph (b) of subsection (4) of section

21  489.115, Florida Statutes, is amended, and subsection (7) is

22  added to that section, to read:

23         489.115  Certification and registration; endorsement;

24  reciprocity; renewals; continuing education.--

25         (4)

26         (b)1.  Each certificateholder or registrant shall

27  provide proof, in a form established by rule of the board,

28  that the certificateholder or registrant has completed at

29  least 14 classroom hours of at least 50 minutes each of

30  continuing education courses during each biennium since the

31  issuance or renewal of the certificate or registration. The

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  1  board shall establish by rule that a portion of the required

  2  14 hours must deal with the subject of workers' compensation,

  3  business practices, and workplace safety. The board shall by

  4  rule establish criteria for the approval of continuing

  5  education courses and providers, including requirements

  6  relating to the content of courses and standards for approval

  7  of providers, and may by rule establish criteria for accepting

  8  alternative nonclassroom continuing education on an

  9  hour-for-hour basis.

10         2.  In addition, the board may approve specialized

11  continuing education courses on compliance with the wind

12  resistance provisions for one and two family dwellings

13  contained in the State Minimum Building Codes and any

14  alternate methodologies for providing such wind resistance

15  which have been approved for use by the Board of Building

16  Codes and Standards. Division I certificateholders or

17  registrants who demonstrate proficiency upon completion of

18  such specialized courses may certify plans and specifications

19  for one and two family dwellings to be in compliance with the

20  code or alternate methodologies, as appropriate, except for

21  dwellings located in floodways or coastal hazard areas as

22  defined in ss. 60.3D and E of the National Flood Insurance

23  Program.

24         (7)  If a certificateholder or registrant holds a

25  license under both this part and part II and is required to

26  have continuing education courses under s. 489.517(3), the

27  certificateholder or registrant may apply those course hours

28  for workers' compensation, workplace safety, and business

29  practices obtained under part II to the requirements under

30  this part.

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  1         Section 9.  Paragraph (a) of subsection (3) of section

  2  489.119, Florida Statutes, is amended to read:

  3         489.119  Business organizations; qualifying agents.--

  4         (3)(a)  The qualifying agent shall be certified or

  5  registered under this part in order for the business

  6  organization to be issued a certificate of authority in the

  7  category of the business conducted for which the qualifying

  8  agent is certified or registered. If any qualifying agent

  9  ceases to be affiliated with such business organization, he or

10  she shall so inform the department. In addition, if such

11  qualifying agent is the only certified or registered

12  contractor affiliated with the business organization, the

13  business organization shall notify the department of the

14  termination of the qualifying agent and shall have 60 days

15  from the termination of the qualifying agent's affiliation

16  with the business organization in which to employ another

17  qualifying agent. The business organization may not engage in

18  contracting until a qualifying agent is employed, unless the

19  executive director or chair of the board has granted a

20  temporary nonrenewable certificate or registration to the

21  financially responsible officer, the president, a partner, or,

22  in the case of a limited partnership, the general partner, who

23  assumes all responsibilities of a primary qualifying agent for

24  the entity. This temporary certificate or registration shall

25  only allow the entity to proceed with incomplete contracts as

26  defined in s. 489.121. For the purposes of this paragraph, an

27  incomplete contract is one which has been awarded to, or

28  entered into by, the business organization prior to the

29  cessation of affiliation of the qualifying agent with the

30  business organization or one on which the business

31  organization was the low bidder and the contract is

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  1  subsequently awarded, regardless of whether any actual work

  2  has commenced under the contract prior to the qualifying agent

  3  ceasing to be affiliated with the business organization.

  4         Section 10.  Section 489.140, Florida Statutes, is

  5  amended to read:

  6         489.140  Construction Industries Recovery Fund.--There

  7  is created the Florida Construction Industries Recovery Fund

  8  as a separate account in the Professional Regulation Trust

  9  Fund.

10         (1)  The Florida Construction Industries Recovery Fund

11  shall be disbursed as provided in s. 489.143, on order of the

12  board, as reimbursement to any natural person adjudged by a

13  court of competent jurisdiction to have suffered monetary

14  damages, or to whom the licensee has been ordered to pay

15  restitution by the board, where the judgment or restitution

16  order is based on a violation of s. 489.129(1)(d), (h), (k),

17  or (l), committed by any contractor, financially responsible

18  officer, or business organization licensed under the

19  provisions of this part at the time the violation was

20  committed, and providing that the violation occurs after July

21  1, 1993.

22         (2)  The Construction Industries Recovery Fund shall be

23  funded out of the receipts deposited in the Professional

24  Regulation Trust Fund from the one-half cent per square foot

25  surcharge on building permits collected and disbursed pursuant

26  to s. 468.631.

27         (3)  In addition, any surplus of moneys collected from

28  the fines imposed by the board and collected by the department

29  shall be transferred into the Construction Industries Recovery

30  Fund.

31

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  1         Section 11.  Section 489.141, Florida Statutes, is

  2  amended to read:

  3         489.141  Conditions for recovery; eligibility.--

  4         (1)  Any person is eligible to seek recovery from the

  5  Construction Industries Recovery Fund after having made a

  6  claim and exhausting the limits of any available bond, cash

  7  bond, surety, guarantee, warranty, letter of credit, or policy

  8  of insurance, if:

  9         (a)  Such person has received final judgment in a court

10  of competent jurisdiction in this state in any action wherein

11  the cause of action was based on a construction contract or

12  the Construction Industry Licensing Board has issued a final

13  order directing the licensee to pay restitution to the

14  claimant based upon a violation of s. 489.129(1)(d), (h), (k),

15  or (l), where the contract was executed and the violation

16  occurred on or after July 1, 1993, and provided that:

17         1.  At the time the action was commenced, such person

18  gave notice thereof to the board by certified mail; except

19  that, if no notice has been given to the board, the claim may

20  still be honored if the board finds good cause to waive the

21  notice requirement;

22         1.a.2.  Such person has caused to be issued a writ of

23  execution upon such judgment, and the officer executing the

24  writ has made a return showing that no personal or real

25  property of the judgment debtor or licensee liable to be

26  levied upon in satisfaction of the judgment can be found or

27  that the amount realized on the sale of the judgment debtor's

28  or licensee's property pursuant to such execution was

29  insufficient to satisfy the judgment; or

30         b.3.  If such person is unable to comply with

31  sub-subparagraph a. subparagraph 2. for a valid reason to be

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  1  determined by the board, such person has made all reasonable

  2  searches and inquiries to ascertain whether the judgment

  3  debtor or licensee is possessed of real or personal property

  4  or other assets subject to being sold or applied in

  5  satisfaction of the judgment and by his or her search has

  6  discovered no property or assets or has discovered property

  7  and assets and has taken all necessary action and proceedings

  8  for the application thereof to the judgment but the amount

  9  thereby realized was insufficient to satisfy the judgment; or

10         2.(b)  The claimant has made a diligent attempt, as

11  defined by board rule, to collect the restitution awarded by

12  the board; and

13         (b)(c)  A claim for recovery is made within 2 years

14  from the time of the act giving rise to the claim or within 2

15  years from the time the act is discovered or should have been

16  discovered with the exercise of due diligence; however, in no

17  event may a claim for recovery be made more than 4 years after

18  the date of the act giving rise to the claim or more than 1

19  year after the conclusion of any civil or administrative

20  action based on the act, whichever is later; and

21         (c)(d)  Any amounts recovered by such person from the

22  judgment debtor or licensee, or from any other source, have

23  been applied to the damages awarded by the court or the amount

24  of restitution ordered by the board; and

25         (d)(e)  Such person is not a person who is precluded by

26  this act from making a claim for recovery.

27         (2)  A person is not qualified to make a claim for

28  recovery from the Construction Industries Recovery Fund, if:

29         (a)  The claimant is the spouse of the judgment debtor

30  or licensee or a personal representative of such spouse;

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  1         (b)  The claimant is a licensee certificateholder or

  2  registrant who acted as the contractor in the transaction

  3  which is the subject of the claim;

  4         (c)  Such person's claim is based upon a construction

  5  contract in which the licensee certificateholder or registrant

  6  was acting with respect to the property owned or controlled by

  7  the licensee certificateholder or registrant;

  8         (d)  Such person's claim is based upon a construction

  9  contract in which the contractor did not hold a valid and

10  current license at the time of the construction contract; or

11         (e)  Such person was associated in a business

12  relationship with the licensee certificateholder or registrant

13  other than the contract at issue.

14         (f)  Such person has suffered damages as the result of

15  making improper payments to a contractor as defined in chapter

16  713, part I.

17         Section 12.  Section 489.142, Florida Statutes, is

18  amended to read:

19         489.142  Board powers relating to recovery upon

20  notification of commencement of action.--With respect to

21  actions for recovery from the Construction Industries Recovery

22  Fund When the board receives certified notice of any action,

23  as required by s. 489.141(1)(a), the board may intervene,

24  enter an appearance, file an answer, defend the action, or

25  take any action it deems appropriate and may take recourse

26  through any appropriate method of review on behalf of the

27  State of Florida.

28         Section 13.  Section 489.143, Florida Statutes, is

29  amended to read:

30         489.143  Payment from the fund.--

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  1         (1)  Any person who meets all of the conditions

  2  prescribed in s. 489.141(1) may apply to the board to cause

  3  payment to be made to such person from the Construction

  4  Industries Recovery Fund in an amount equal to the judgment or

  5  restitution order, exclusive of postjudgment interest, against

  6  the licensee certificateholder or $25,000, whichever is less,

  7  or an amount equal to the unsatisfied portion of such person's

  8  judgment or restitution order, exclusive of postjudgment

  9  interest, or $25,000, whichever is less, but only to the

10  extent and amount reflected in the judgment or restitution

11  order as being actual or compensatory damages. The fund is not

12  obligated to pay any portion of any judgment, or any judgment

13  or restitution order, or any portion thereof, which is not

14  expressly based on one of the grounds for recovery set forth

15  in s. 489.140(1).

16         (2)  Upon receipt by a claimant under subsection (1) of

17  payment from the Construction Industries Recovery Fund, the

18  claimant shall assign his or her additional right, title, and

19  interest in the judgment or restitution order, to the extent

20  of such payment, to the board, and thereupon the board shall

21  be subrogated to the right, title, and interest of the

22  claimant; and any amount subsequently recovered on the

23  judgment or restitution order by the board, to the extent of

24  the right, title, and interest of the board therein, shall be

25  for the purpose of reimbursing the Construction Industries

26  Recovery Fund.

27         (3)  Payments for claims arising out of the same

28  transaction shall be limited, in the aggregate, to $25,000,

29  regardless of the number of claimants involved in the

30  transaction.

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  1         (4)  Payments for claims against any one licensee

  2  certificateholder or registrant shall not exceed, in the

  3  aggregate, $100,000.

  4         (5)  Claims shall be paid in the order filed, up to the

  5  aggregate limits for each transaction and licensee and to the

  6  limits of the amount appropriated to pay claims against the

  7  fund for the fiscal year in which the claims were filed.

  8         (6)  If the annual appropriation is exhausted with

  9  claims pending, such claims shall be carried forward to the

10  next fiscal year. Any moneys in excess of pending claims

11  remaining in the Construction Industries Recovery Fund at the

12  end of the fiscal year shall be paid as provided in s.

13  468.631.

14         (5)  If at any time the claims pending against the fund

15  exceed 80 percent of the fund balance plus anticipated revenue

16  for the next two quarters, the board shall accept no further

17  claims until such time as the board is given express

18  authorization and funding from the Legislature.

19         (7)(6)  Upon the payment of any amount from the

20  Construction Industries Recovery Fund in settlement of a claim

21  in satisfaction of a judgment or restitution order against a

22  licensee certificateholder as described in s. 489.141(1), the

23  license of such licensee certificateholder shall be

24  automatically suspended, without further administrative

25  action, upon the date of payment from the fund. The license of

26  such licensee certificateholder shall not be reinstated until

27  he or she has repaid in full, plus interest, the amount paid

28  from the fund. A discharge of bankruptcy does not relieve a

29  person from the penalties and disabilities provided in this

30  section.

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  1         Section 14.  Subsection (14) of section 489.503,

  2  Florida Statutes, is amended, and subsections (17), (18), and

  3  (19) are added to that section, to read:

  4         489.503  Exemptions.--This part does not apply to:

  5         (14)  The installation of, repair of, alteration of,

  6  addition to, or design of electrical wiring, fixtures,

  7  appliances, thermostats, apparatus, raceways, and conduit, or

  8  any part thereof, when those items are for the purpose of

  9  transmitting data, voice communications, or commands as part

10  of:

11         (a)  A system of telecommunications, including

12  computers, telephone customer premises equipment, or premises

13  wiring; or

14         (b)  A cable television, community antenna television,

15  or radio distribution system.

16

17  The scope of this exemption is limited to electrical circuits

18  and equipment governed by the applicable provisions of

19  Articles 725 (Classes 2 and 3 circuits only), 770, 800, 810,

20  and 820 of the National Electrical Code, current edition, or

21  47 C.F.R. part 68. Additionally, a company certified under

22  chapter 364 is not subject to any local ordinance that

23  requires a permit for work performed by its employees related

24  to low voltage electrical work, including related technical

25  codes and regulations. This exemption shall apply only if such

26  work is requested by the company's customer, is required in

27  order to complete phone service, is incidental to provision of

28  telecommunication service as required by chapter 364, and is

29  not actively competitive in nature or the subject of a

30  competitive bid. The definition of "employee" established in

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  1  subsection (1) applies to this exemption and does not include

  2  subcontractors.

  3         (17)  The monitoring of an alarm system without fee by

  4  a direct employee of a law enforcement agency or of a county,

  5  municipal, or special-district fire department or by a law

  6  enforcement officer or fire official acting in an official

  7  capacity.

  8         (18)  The monitoring of an alarm system by a direct

  9  employee of any state or federally chartered financial

10  institution, as defined in s. 655.005(1)(h), or any parent,

11  affiliate, or subsidiary thereof, so long as:

12         (a)  The institution is subject to, and in compliance

13  with, s. 3 of the Federal Bank Protection Act of 1968, 12

14  U.S.C. s. 1882;

15         (b)  The alarm system is in compliance with all

16  applicable firesafety standards as set forth in chapter 633;

17  and

18         (c)  The monitoring is limited to an alarm system

19  associated with:

20         1.  The commercial property where banking operations

21  are housed or where other operations are conducted by a state

22  or federally chartered financial institution, as defined in s.

23  655.005(1)(h), or any parent, affiliate, or subsidiary

24  thereof; or

25         2.  The private property occupied by the institution's

26  executive officers, as defined in s. 655.005(1)(f),

27

28  and does not otherwise extend to the monitoring of residential

29  systems.

30         (19)  The monitoring of an alarm system of a business

31  by the direct employees of that business, so long as:

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  1         (a)  The alarm system is the exclusive property of, or

  2  is leased by, the business;

  3         (b)  The alarm system complies with all applicable

  4  firesafety standards as set forth in chapter 633; and

  5         (c)  The alarm system is designed to protect only the

  6  commercial premises leased by the business endeavor or

  7  commercial premises owned by the business endeavor and not

  8  leased to another.

  9

10  This exemption is intended to allow businesses to monitor

11  their own alarm systems and is not limited to monitoring a

12  single location of that business.  However, it is not intended

13  to enable the owner of any apartment complex, aggregate

14  housing, or commercial property to monitor alarm systems on

15  property leased or rented to the residents, clients, or

16  customers thereof.

17         Section 15.  Subsection (24) of section 489.505,

18  Florida Statutes, is repealed, subsections (1), (7), (19), and

19  (23) are amended, present subsections (25), (26), and (27) are

20  redesignated as subsections (24), (25), and (26),

21  respectively, and a new subsection (27) is added to that

22  section, to read:

23         489.505  Definitions.--As used in this part:

24         (1)  "Alarm system" means any electrical device,

25  signaling device, or combination of electrical devices used to

26  signal or detect a situation which causes an alarm in the

27  event of a burglary, fire, robbery, or medical emergency, or

28  equipment failure.

29         (7)  "Certified alarm system contractor" means an alarm

30  system contractor who possesses a certificate of competency

31  issued by the department. The scope of certification is

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  1  limited to alarm circuits originating in the alarm control

  2  panel and equipment governed by the applicable provisions of

  3  Articles 725, 760, 770, 800, and 810 of the National

  4  Electrical Code, Current Edition, and National Fire Protection

  5  Association Standard 72, Current Edition. The scope of

  6  certification for alarm system contractors also includes the

  7  installation, repair, fabrication, erection, alteration,

  8  addition, or design of electrical wiring, fixtures,

  9  appliances, thermostats, apparatus, raceways, and conduit, or

10  any part thereof not to exceed 77 volts, when those items are

11  for the purpose of transmitting data or proprietary video

12  (satellite systems that are not part of a community antenna

13  television or radio distribution system) or providing central

14  vacuum capability or electric locks; however, this provision

15  governing the scope of certification does not create any

16  mandatory licensure requirement.

17         (19)  "Specialty contractor" means a contractor whose

18  scope of practice is limited to a specific segment of

19  electrical or alarm system contracting, including, but not

20  limited to, residential electrical contracting, maintenance of

21  electrical fixtures, installation and maintenance of

22  elevators, and fabrication, erection, installation, and

23  maintenance of electrical outdoor advertising signs together

24  with the interrelated parts and supports thereof. Categories

25  of specialty contractor shall be established by board rule.

26         (23)  "Registered residential alarm system contractor"

27  means an alarm system contractor whose business is limited to

28  burglar alarm systems in single-family residential, quadruplex

29  housing, and mobile homes and to fire alarm systems of a

30  residential occupancy class and who is registered with the

31  department pursuant to s. 489.513 or s. 489.537(8). The board

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  1  shall define "residential occupancy class" by rule. A

  2  registered residential alarm system contractor may contract

  3  only in the jurisdiction for which his or her registration is

  4  issued.

  5         (24)  "Limited burglar alarm system contractor" means

  6  an alarm system contractor whose business is limited to the

  7  installation of burglar alarms in single-family homes and

  8  two-family homes, mobile homes, and small commercial buildings

  9  having a square footage of not more than 5,000 square feet and

10  who is registered with the department pursuant to s. 489.513

11  or s. 489.537(8).

12         (24)(25)  "Licensure" means any type of certification

13  or registration provided for in this part.

14         (25)(26)  "Burglar alarm system agent" means a person:

15         (a)  Who is employed by a licensed alarm system

16  contractor or licensed electrical contractor;

17         (b)  Who is performing duties which are an element of

18  an activity which constitutes alarm system contracting

19  requiring licensure under this part; and

20         (c)  Whose specific duties include any of the

21  following:  altering, installing, maintaining, moving,

22  repairing, replacing, servicing, selling onsite, or monitoring

23  an intrusion or burglar alarm system for compensation.

24         (26)(27)  "Personal emergency response system" means

25  any device which is simply plugged into a telephone jack or

26  electrical receptacle and which is designed to initiate a

27  telephone call to a person who responds to, or has a

28  responsibility to determine the proper response to, personal

29  emergencies.

30         (27)  "Monitoring" means to receive electrical or

31  electronic signals, originating from any building within the

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  1  state, produced by any security, medical, fire, or burglar

  2  alarm, closed circuit television camera, or related or similar

  3  protective system and to initiate a response thereto.  A

  4  person shall not have committed the act of monitoring if:

  5         (a)  The person is an occupant of, or an employee

  6  working within, protected premises;

  7         (b)  The person initiates emergency action in response

  8  to hearing or observing an alarm signal;

  9         (c)  The person's action is incidental to his or her

10  primary responsibilities; and

11         (d)  The person is not employed in a proprietary

12  monitoring facility, as defined by the National Fire

13  Protection Association pursuant to rule adopted under chapter

14  633.

15         Section 16.  Subsection (5) of section 489.507, Florida

16  Statutes, is amended to read:

17         489.507  Electrical Contractors' Licensing Board.--

18         (5)  The Electrical Contractors' Licensing Board and

19  the Construction Industry Licensing Board shall each appoint a

20  committee to meet jointly in joint session at least twice a

21  year.

22         Section 17.  Section 489.509, Florida Statutes, is

23  amended to read:

24         489.509  Fees.--

25         (1)  The board, by rule, shall establish fees to be

26  paid for applications, examination, reexamination, transfers,

27  licensing and renewal, reinstatement, and recordmaking and

28  recordkeeping. The examination fee shall be in an amount that

29  covers the cost of obtaining and administering the examination

30  and shall be refunded if the applicant is found ineligible to

31  sit for the examination. The application fee is nonrefundable.

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  1  The fee for initial application and examination for

  2  certification of electrical contractors may not exceed $400.

  3  The initial application fee for registration may not exceed

  4  $150. The biennial renewal fee may not exceed $400 for

  5  certificateholders and $200 for registrants, and shall be paid

  6  by June 30 of each biennial period. The fee for initial

  7  application and examination for certification of alarm system

  8  contractors may not exceed $400. The biennial renewal fee for

  9  certified alarm system contractors may not exceed $450. The

10  board may establish a fee for a temporary certificate as an

11  alarm system contractor not to exceed $75. The board may also

12  establish by rule a delinquency fee not to exceed $50. Failure

13  to renew an active or inactive certificate or registration

14  within 90 days after the date of renewal will result in the

15  certificate or registration becoming delinquent. The fee to

16  transfer a certificate or registration from one business

17  organization to another may not exceed $200. The fee for

18  reactivation of an inactive license may not exceed $50. The

19  board shall establish fees that are adequate to ensure the

20  continued operation of the board. Fees shall be based on

21  department estimates of the revenue required to implement this

22  part and the provisions of law with respect to the regulation

23  of electrical contractors and alarm system contractors.

24         (2)  A person who is registered or holds a valid

25  certificate from the board may go on inactive status during

26  which time he or she shall not engage in contracting, but may

27  retain the certificate or registration on an inactive basis,

28  on payment of a renewal fee during the inactive period, not to

29  exceed $50 per renewal period.

30         (3)  Four dollars of each fee under subsection (1) paid

31  to the department at the time of application or renewal shall

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  1  be transferred at the end of each licensing period to the

  2  Department of Education to fund projects relating to the

  3  building construction industry or continuing education

  4  programs offered to persons engaged in the building

  5  construction industry in Florida. The board shall, at the time

  6  the funds are transferred, advise the Department of Education

  7  on the most needed areas of research or continuing education

  8  based on significant changes in the industry's practices or on

  9  the most common types of consumer complaints or on problems

10  costing the state or local governmental entities substantial

11  waste. The board's advice is not binding on the Department of

12  Education. The Department of Education must allocate 50

13  percent of the funds to a graduate program in building

14  construction in a Florida university and 50 percent of the

15  funds to all accredited private and state universities and

16  community colleges within the state offering approved courses

17  in building construction, with each university or college

18  receiving a pro rata share of such funds based upon the number

19  of full-time building construction students enrolled at the

20  institution. The Department of Education shall ensure the

21  distribution of research reports and the availability of

22  continuing education programs to all segments of the building

23  construction industry to which they relate. The Department of

24  Education shall report to the board in October of each year,

25  summarizing the allocation of the funds by institution and

26  summarizing the new projects funded and the status of

27  previously funded projects. The Commissioner of Education is

28  directed to appoint one electrical contractor and one

29  certified alarm system contractor to the Building Construction

30  Industry Advisory Committee.

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  1         Section 18.  Paragraph (a) of subsection (2),

  2  subsection (3), and paragraph (b) of subsection (5) of section

  3  489.511, Florida Statutes, are amended to read:

  4         489.511  Certification; application; examinations;

  5  endorsement.--

  6         (2)(a)  A person shall be entitled to take the

  7  certification examination for the purpose of determining

  8  whether he or she is qualified to engage in contracting

  9  throughout the state as a contractor if the person:

10         1.  Is at least 18 years of age;

11         2.  Is of good moral character; and

12         3.  Meets eligibility requirements according to one of

13  the following criteria:

14         a.  Has, within the 6 years immediately preceding the

15  filing of the application, at least 3 years' proven management

16  experience in the trade or education equivalent thereto, or a

17  combination thereof, but not more than one-half of such

18  experience may be educational equivalent;

19         b.  Has, within the 8 years immediately preceding the

20  filing of the application, at least 4 years' experience as a

21  foreman, supervisor, or contractor in the trade for which he

22  or she is making application;

23         c.  Has, within the 12 years immediately preceding the

24  filing of the application, at least 6 years of comprehensive

25  training, technical education, or supervisory broad experience

26  associated with an electrical or alarm system contracting

27  business, or at least 6 years of technical experience in

28  electrical or alarm system work with the Armed Forces or a

29  governmental entity installation or servicing endeavor; or

30         d.  Has, within the 12 years immediately preceding the

31  filing of the application, been licensed for 3 years as a

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  1  professional an engineer who is qualified by education,

  2  training, or experience to practice electrical engineering; or

  3         e.  Has any combination of qualifications under

  4  sub-subparagraphs a.-c. totaling 6 years of experience.

  5         (3)  On or after October 1, 1998, every applicant who

  6  is qualified shall be allowed to take the examination three

  7  times, notwithstanding the number of times the applicant has

  8  previously failed the examination. If an applicant fails the

  9  examination three times after October 1, 1998, the board shall

10  require the applicant to complete additional college-level or

11  technical education courses in the areas of deficiency, as

12  determined by the board, as a condition of future eligibility

13  to take the examination. The applicant must also submit a new

14  application that meets all certification requirements at the

15  time of its submission and must pay all appropriate fees. Any

16  registered unlimited electrical contractor or certified or

17  registered specialty contractor who, prior to October 1, 1987,

18  passed an examination determined by the board to be

19  substantially equivalent to the examination required for

20  certification as either an unlimited electrical contractor or

21  an alarm system contractor and who has satisfied the other

22  requirements of this section shall be certified as an alarm

23  system contractor I without further examination.

24         (5)

25         (b)  For those specialty electrical or alarm system

26  contractors applying for certification under this part who

27  work in jurisdictions that do not require local licensure for

28  those activities for which the applicant desires to be

29  certified, the experience requirement may be met by

30  demonstrating at least 6 years of comprehensive training,

31  technical education, or supervisory broad experience, within

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  1  the 12 years immediately preceding the filing of the

  2  application, in the type of specialty electrical or alarm

  3  system work for which certification is desired. An affidavit

  4  signed by the applicant's employer stating that the applicant

  5  performed the work required under this paragraph shall be

  6  sufficient to demonstrate to the board that the applicant has

  7  met the experience requirement.

  8         Section 19.  Subsection (3) of section 489.513, Florida

  9  Statutes, is amended to read:

10         489.513  Registration; application; requirements.--

11         (3)(a)  To be registered as an electrical contractor,

12  the applicant shall file evidence of holding a current

13  occupational license or a current license issued by any

14  municipality or county of the state for the type of work for

15  which registration is desired, on a form provided by the

16  department, together with evidence of successful compliance

17  with the local examination and licensing requirements, if any,

18  in the area for which registration is desired, accompanied by

19  the registration fee fixed pursuant to this part. No

20  examination may be required for registration as an electrical

21  contractor except for any examination required by a local

22  government to obtain the local licensure.

23         (b)  To be registered as an electrical contractor, an

24  alarm system contractor I, an alarm system contractor II, or a

25  residential alarm system contractor, the applicant shall file

26  evidence of holding a current occupational license or a

27  current license issued by any municipality or county of the

28  state for the type of work for which registration is desired,

29  on a form provided by the department, if such a license is

30  required by that municipality or county, together with

31  evidence of having passed an appropriate local examination,

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  1  written or oral, designed to test skills and knowledge

  2  relevant to the technical performance of the profession,

  3  accompanied by the registration fee fixed pursuant to this

  4  part. For any person working or wishing to work in any local

  5  jurisdiction which does not issue a local license as an

  6  electrical or alarm system contractor or does not require an

  7  examination for its license, the applicant may apply and shall

  8  be considered qualified to be issued a registration in the

  9  appropriate electrical or alarm system category, provided that

10  he or she shows that he or she has scored at least 75 percent

11  on an examination which is substantially equivalent to the

12  examination approved by the board for certification in the

13  category and that he or she has had at least 3 years'

14  technical experience in the trade. The requirement to take and

15  pass an examination in order to obtain a registration shall

16  not apply to persons making application prior to the effective

17  date of this act.

18         Section 20.  Subsections (4) and (5) are added to

19  section 489.517, Florida Statutes, to read:

20         489.517  Renewal of certificate or registration;

21  continuing education.--

22         (4)(a)  If a certificateholder or registrant holds a

23  license under both this part and part I and is required to

24  have continuing education courses under s. 489.115(4)(b)1.,

25  the certificateholder or registrant may apply those course

26  hours for workers' compensation, workplace safety, and

27  business practices obtained under part I to the requirements

28  under this part.

29         (b)  Of the 14 classroom hours of continuing education

30  required, at least 7 hours must be on technical subjects, 1

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  1  hour on workers' compensation, 1 hour on workplace safety, and

  2  1 hour on business practices.

  3         (5)  By applying for renewal, each certificateholder or

  4  registrant certifies that he or she has continually maintained

  5  the required amounts of public liability and property damage

  6  insurance as specified by board rule. The board shall

  7  establish by rule a procedure to verify the public liability

  8  and property damage insurance for a specified period, based

  9  upon a random sampling method.

10         Section 21.  Section 489.519, Florida Statutes, is

11  amended to read:

12         489.519  Inactive status.--

13         (1)  A certificate or registration that has become

14  inactive may be reactivated under s. 489.517 upon application

15  to the department. The board may prescribe, by rule,

16  continuing education requirements as a condition of

17  reactivating a certificate or registration. The continuing

18  education requirements for reactivating a certificate or

19  registration may not exceed 12 classroom hours for each year

20  the certificate or registration was inactive.

21         (2)  Notwithstanding any provision of s. 455.271 to the

22  contrary, a certificateholder or registrant may apply to the

23  department for voluntary inactive status at any time during

24  the period of certification or registration.

25         (3)(2)  The board shall impose, by rule, continuing

26  education requirements for voluntary inactive

27  certificateholders, when voluntary inactive status is sought

28  by certificateholders who are also building code

29  administrators, plans examiners, or inspectors certified

30  pursuant to part XIII of chapter 468.

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  1         (4)  After January 1, 1999, any person who passes the

  2  certification examination must submit an application either to

  3  qualify a business or to place the person's license on

  4  inactive status.

  5         Section 22.  Section 489.521, Florida Statutes, is

  6  amended to read:

  7         489.521  Business organizations; qualifying agents.--

  8         (1)  If an individual proposes to engage in contracting

  9  as a sole proprietorship, certification, when granted, shall

10  be issued only in the name of that individual. If a fictitious

11  name is used, the applicant shall furnish evidence of

12  statutory compliance.

13         (2)(a)1.  If the applicant proposing to engage in

14  contracting is a partnership, corporation, business trust, or

15  other legal entity, other than a sole proprietorship, the

16  application shall state the name of the partnership and its

17  partners; the name of the corporation and its officers and

18  directors and the name of each of its stockholders who is also

19  an officer or director; the name of the business trust and its

20  trustees; or the name of such other legal entity and its

21  members. In addition, the applicant shall furnish evidence of

22  statutory compliance if a fictitious name is used. Such

23  application shall also show that the qualifying agent is

24  legally qualified to act for the business organization in all

25  matters connected with its electrical or alarm system

26  contracting business and that he or she has authority to

27  supervise electrical or alarm system contracting undertaken by

28  such business organization. A joint venture, including a joint

29  venture composed of qualified business organizations, is

30  itself a separate and distinct organization that shall be

31  qualified in accordance with board rules. The registration or

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  1  certification, when issued upon application of a business

  2  organization, shall be in the name of the qualifying agent,

  3  and the name of the business organization shall be noted

  4  thereon. If there is a change in any information that is

  5  required to be stated on the application, the business

  6  organization shall, within 45 days after such change occurs,

  7  mail the correct information to the department.

  8         2.  Any person certified or registered pursuant to this

  9  part who has had his or her license revoked shall not be

10  eligible for a 5-year period to be a partner, officer,

11  director, or trustee of a business organization as defined by

12  this section. Such person shall also be ineligible to reapply

13  for certification or registration under this part for a period

14  of 5 years.

15         (b)  The applicant application shall also show that the

16  proposed qualifying agent is legally qualified to act for the

17  business organization in all matters connected with its

18  electrical or alarm system contracting business and concerning

19  regulations by the board and that he or she has authority to

20  supervise electrical or alarm system contracting work

21  undertaken by the business organization.

22         (c)  The proposed qualifying agent shall demonstrate

23  that he or she possesses the required skill, knowledge, and

24  experience to qualify the business organization in the

25  following manner:

26         1.  Having met the qualifications provided in s.

27  489.511 and been issued a certificate of competency pursuant

28  to the provisions of s. 489.511; or

29         2.  Having demonstrated that he or she possesses the

30  required experience and education requirements provided in s.

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  1  489.511 which would qualify him or her as eligible to take the

  2  certification examination.

  3         (3)(a)  The applicant business organization shall

  4  furnish evidence of financial responsibility, credit, and

  5  business reputation of the business organization, as well as

  6  the name of the qualifying agent. The board shall adopt rules

  7  defining financial responsibility based upon the business

  8  organization's credit history, ability to be bonded, and any

  9  history of bankruptcy or assignment of receivers. Such rules

10  shall specify the financial responsibility grounds on which

11  the board may determine that a business organization is not

12  qualified to engage in contracting.

13         (b)  In the event a qualifying agent must take the

14  certification examination, the board shall, within 60 days

15  from the date of the examination, inform the business

16  organization in writing whether or not its qualifying agent

17  has qualified.

18         (c)  If the qualifying agent of a business organization

19  applying to engage in contracting, after having been notified

20  to do so, does not appear for examination within 1 year from

21  the date of filing of the application, the examination fee

22  paid by it shall be credited as an earned fee to the

23  department. A new application to engage in contracting shall

24  be accompanied by another application fee fixed pursuant to

25  this act. Forfeiture of a fee may be waived by the board for

26  good cause.

27         (d)  Once the board has determined that the business

28  organization's proposed qualifying agent has qualified, the

29  business organization shall be authorized to engage in the

30  contracting business. The certificate, when issued, shall be

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  1  in the name of the qualifying agent, and the name of the

  2  business organization shall be noted thereon.

  3         (4)  As a prerequisite to the initial issuance or the

  4  renewal of a certificate, the applicant certificateholder or

  5  the business organization he or she qualifies shall submit

  6  evidence an affidavit on a form provided by the board

  7  attesting to the fact that he or she or the business

  8  organization has obtained public liability and property damage

  9  insurance for the safety and welfare of the public in an

10  amount to be determined by board rule by the board. The board

11  shall by rule establish a procedure to verify the accuracy of

12  such affidavits based upon a random sample method. In addition

13  to the affidavit of insurance, as a prerequisite to the

14  initial issuance of a certificate, the applicant shall furnish

15  evidence of financial responsibility, credit, and business

16  reputation of either himself or herself or the business

17  organization he or she desires to qualify. The board shall

18  adopt rules defining financial responsibility based upon the

19  credit history, ability to be bonded, and any history of

20  bankruptcy or assignment of receivers. Such rules shall

21  specify the financial responsibility grounds on which the

22  board may refuse to qualify an applicant to engage in the

23  contracting business. If, within 60 days from the date the

24  certificateholder or business organization is notified that he

25  or she has qualified, he or she does not provide the evidence

26  required, he or she shall apply to the department for an

27  extension of time which shall be granted upon a showing of

28  just cause. Thereupon, the board shall certify to the

29  department that the certificateholder or the business

30  organization is competent and qualified to engage in

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  1  contracting. However, the provisions of this subsection do not

  2  apply to inactive certificates.

  3         (5)  At least one officer member or supervising

  4  employee of the business organization must be qualified under

  5  this act in order for the business organization to be

  6  qualified to engage in contracting in the category of the

  7  business conducted for which the member or supervising

  8  employee is qualified. If any individual so qualified on

  9  behalf of the business organization ceases to qualify be

10  affiliated with the business organization, he or she shall

11  notify the board and the department thereof within 30 days

12  after such occurrence. In addition, if the individual is the

13  only qualified individual who qualifies affiliated with the

14  business organization, the business organization shall notify

15  the board and the department of the individual's termination,

16  and it shall have a period of 60 days from the termination of

17  the individual individual's affiliation with the business

18  organization in which to qualify another person under the

19  provision of this act, failing which, the board shall

20  determine that the business organization is no longer

21  qualified to engage in contracting. The individual shall also

22  inform the board in writing when he or she proposes to engage

23  in contracting in his or her own name or in affiliation with

24  another business organization, and the individual, or such new

25  business organization, shall supply the same information to

26  the board as required for applicants under this act. After an

27  investigation of the financial responsibility, credit, and

28  business reputation of the individual or the new business

29  organization and upon a favorable determination, the board

30  shall certify the business organization as qualified, and the

31  department shall issue, without examination, a new certificate

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  1  in the individual's name, which shall include the name of the

  2  new business organization, as provided in this section.

  3         (6)  When a business organization qualified to engage

  4  in contracting makes application for an occupational license

  5  in any municipality or county of this state, the application

  6  shall be made with the tax collector in the name of the

  7  business organization, and the license, when issued, shall be

  8  issued to the business organization upon payment of the

  9  appropriate licensing fee and exhibition to the tax collector

10  of a valid certificate issued by the department.

11         (7)(a)  Each registered or certified contractor shall

12  affix the number of his or her registration or certification

13  to each application for a building permit and to each building

14  permit issued and recorded.  Each city or county building

15  department shall require, as a precondition for the issuance

16  of a building permit, that the contractor applying for the

17  permit provide verification giving the number of his or her

18  registration or certification under this part.

19         (b)  The registration or certification number of a

20  contractor shall be stated in each offer of services, business

21  proposal, or advertisement, regardless of medium, used by that

22  contractor.  For the purposes of this part, the term

23  "advertisement" does not include business stationery or any

24  promotional novelties such as balloons, pencils, trinkets, or

25  articles of clothing.  The board shall assess a fine of not

26  less than $100 or issue a citation to any contractor who fails

27  to include that contractor's certification or registration

28  number when submitting an advertisement for publication,

29  broadcast, or printing.  In addition, any person who claims in

30  any advertisement to be a certified or registered contractor,

31  but who does not hold a valid state certification or

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  1  registration, commits a misdemeanor of the second degree,

  2  punishable as provided in s. 775.082 or s. 775.083.

  3         (8)  Each qualifying agent shall pay the department an

  4  amount equal to the original fee for certification or

  5  registration to qualify any additional business organizations.

  6  If the qualifying agent for a business organization desires to

  7  qualify additional business organizations, the board shall

  8  require him or her to present evidence of supervisory ability

  9  and financial responsibility of each such organization.

10  Allowing a licensee to qualify more than one business

11  organization shall be conditioned upon the licensee showing

12  that the licensee has both the capacity and intent to

13  adequately supervise each business organization in accordance

14  with s. 489.522(1). The board shall not limit the number of

15  business organizations which the licensee may qualify except

16  upon the licensee's failing to provide such information as is

17  required under this subsection or upon a finding that such

18  information or evidence as is supplied is incomplete or

19  unpersuasive in showing the licensee's capacity and intent to

20  comply with the requirements of this subsection. A

21  qualification for an additional business organization may be

22  revoked or suspended upon a finding by the board that the

23  licensee has failed in the licensee's responsibility to

24  adequately supervise the operations of that business

25  organization in accordance with s. 489.522(1). Failure of the

26  responsibility to adequately supervise the operations of a

27  business organization in accordance with s. 489.522(1) shall

28  be grounds for denial to qualify additional business

29  organizations. The issuance of such certification or

30  registration is discretionary with the board.

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  1         (9)  If a business organization or any of its partners,

  2  officers, directors, trustees, or members is disciplined for

  3  violating s. 489.533(1), the board may, on that basis alone,

  4  deny issuance of a certificate or registration to a qualifying

  5  agent on behalf of that business organization.

  6         Section 23.  Section 489.525, Florida Statutes, is

  7  amended to read:

  8         489.525  Reports of certified contractors to local

  9  building officials.--

10         (1)  The department shall inform all local boards or

11  building officials prior to October of each year of the names

12  of all certificateholders and the status of the certificates.

13         (2)  The department may shall include in the report of

14  certified contractors provided in subsection (1) a report to

15  all county tax collectors, local boards, and building

16  officials, containing:

17         (a)  the contents of this part; and

18         (b)  the contents of the rules of the board and the

19  contents of the rules of the department which affect local

20  government as determined by the department. Any information

21  that is available through the Internet or other electronic

22  means may be excluded from the report.

23         Section 24.  Subsections (1) and (2) of section

24  489.533, Florida Statutes, are amended to read:

25         489.533  Disciplinary proceedings.--

26         (1)  The following acts shall constitute grounds for

27  disciplinary actions as provided in subsection (2):

28         (a)  Failure to comply with Violating any provision of

29  s. 489.531 or chapter 455.

30         (b)  Attempting to procure a certificate or

31  registration to practice electrical or alarm system

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  1  contracting by bribery or fraudulent or willful

  2  misrepresentations.

  3         (c)  Having a certificate or registration to practice

  4  contracting revoked, suspended, or otherwise acted against,

  5  including the denial of licensure, by the licensing authority

  6  of another state, territory, or country.

  7         (d)  Being convicted or found guilty of, or entering a

  8  plea of nolo contendere to, regardless of adjudication, of a

  9  crime in any jurisdiction which directly relates to the

10  practice of electrical or alarm system contracting or the

11  ability to practice electrical or alarm system contracting.

12         (e)  Making or filing a report or record which the

13  certificateholder or registrant knows to be false, willfully

14  failing to file a report or record required by state or

15  federal law, willfully impeding or obstructing such filing, or

16  inducing another person to impede or obstruct such filing.

17  Such reports or records shall include only those which are

18  signed in the capacity of a certified electrical or alarm

19  system contractor.

20         (f)  Committing fraud or deceit, or negligence,

21  incompetency, or misconduct in the practice of electrical or

22  alarm system contracting.

23         (g)  Violating chapter 633 or the rules of the State

24  Fire Marshal.

25         (h)  Practicing on a revoked, suspended, inactive, or

26  delinquent certificate or registration.

27         (i)  Willfully or deliberately disregarding and

28  violating the applicable building codes or laws of the state

29  or any municipality or county thereof.

30         (j)  Performing any act which assists a person or

31  entity in engaging in the prohibited uncertified and

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  1  unregistered practice of contracting, if the certificateholder

  2  or registrant knows or has reasonable grounds to know that the

  3  person or entity was uncertified and unregistered.

  4         (k)  Knowingly combining or conspiring with any person

  5  by allowing one's certificate to be used by any uncertified

  6  person with intent to evade the provisions of this part.  When

  7  a certificateholder allows his or her certificate to be used

  8  by one or more companies without having any active

  9  participation in the operations or management of said

10  companies, such act constitutes prima facie evidence of an

11  intent to evade the provisions of this part.

12         (l)  Acting in the capacity of a contractor under any

13  certificate or registration issued hereunder except in the

14  name of the certificateholder or registrant as set forth on

15  the issued certificate or registration or in accordance with

16  the personnel of the certificateholder or registrant as set

17  forth in the application for the certificate or registration

18  or as later changed as provided in this part.

19         (m)  Committing financial mismanagement or misconduct

20  in the practice of contracting that causes financial harm to a

21  customer.  Financial mismanagement or misconduct occurs if:

22         1.  A valid lien has been recorded against the property

23  of a contractor's customer for supplies or services ordered by

24  the contractor for the customer's job, the contractor has

25  received funds from the customer to pay for the supplies or

26  services, and the contractor has not had the lien removed from

27  the property, by payment or by bond, within 75 days after the

28  date of the lien;

29         2.  A contractor has abandoned a customer's job and the

30  percentage of completion is less than the percentage of the

31  total contract price that had been paid to the contractor as

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  1  of the time of abandonment, unless the contractor is entitled

  2  to retain the excess funds under the terms of the contract or

  3  refunds the excess funds within 30 days after the date of

  4  abandonment; or

  5         3.  The contractor's job has been completed and it is

  6  shown that the customer has had to pay more for the contracted

  7  job than the original contract price, as adjusted for

  8  subsequent change orders, unless such increase in cost was the

  9  result of circumstances beyond the control of the contractor,

10  was the result of circumstances caused by the customer, or was

11  otherwise permitted by the terms of the contract between the

12  contractor and the customer; or

13         4.  The contractor fails, within 18 months, to pay or

14  comply with a repayment schedule of a judgment obtained

15  against the contractor or a business qualified by the

16  contractor and relating to the practice of contracting.

17         (n)  Being disciplined by any municipality or county

18  for an act that is a violation of this section.

19         (o)  Failing in any material respect to comply with the

20  provisions of this part and the rules adopted pursuant

21  thereto.

22         (p)  Abandoning a project which the contractor is

23  engaged in or is under contractual obligation to perform.  A

24  project is to be considered abandoned after 90 days if the

25  contractor terminates the project without just cause or

26  without proper notification to the prospective owner,

27  including the reason for termination, or fails to perform work

28  without just cause for 90 consecutive days.

29         (q)  Failing to affix a registration or certification

30  number as required by s. 489.521(7).

31

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  1         (r)  Proceeding on any job without obtaining applicable

  2  local building department permits and inspections.

  3         (s)  Practicing beyond the scope of a certification or

  4  registration.

  5

  6  For the purposes of this subsection, construction is

  7  considered to be commenced when the contract is executed and

  8  the contractor has accepted funds from the customer or lender.

  9         (2)  When the board finds any applicant, contractor, or

10  business organization for which the contractor is a primary

11  qualifying agent or secondary qualifying agent responsible

12  under s. 489.522 guilty of any of the grounds set forth in

13  subsection (1), it may enter an order imposing one or more of

14  the following penalties:

15         (a)  Denial of an application for certification or

16  registration.

17         (b)  Revocation or suspension of a certificate or

18  registration.

19         (c)  Imposition of an administrative fine not to exceed

20  $5,000 for each count or separate offense.

21         (d)  Issuance of a reprimand.

22         (e)  Placement of the contractor on probation for a

23  period of time and subject to such conditions as the board may

24  specify, including requiring the contractor to attend

25  continuing education courses or to work under the supervision

26  of another contractor.

27         (f)  Restriction of the authorized scope of practice by

28  the contractor.

29         (g)  Require financial restitution to a consumer.

30         Section 25.  For the purpose of incorporating the

31  amendment to section 489.533, Florida Statutes, in a reference

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  1  thereto, subsection (5) of section 489.518, Florida Statutes,

  2  is reenacted to read:

  3         489.518  Alarm system agents.--

  4         (5)  Failure to comply with any of the provisions of

  5  this section shall be a disciplinable offense against the

  6  contractor pursuant to s. 489.533.

  7         Section 26.  Paragraph (b) of subsection (2) of section

  8  489.537, Florida Statutes, is amended, and subsection (9) is

  9  added to that section, to read:

10         489.537  Application of this part.--

11         (2)

12         (b)  A registered electrical contractor may bid on

13  electrical contracts which include alarm systems contracting

14  as a part of the contract, provided that the individual shall

15  subcontract such alarm systems contracting, except raceway

16  systems, to a properly certified or registered alarm system

17  contractor. Registered electrical contractors may install

18  raceways for alarm systems. However, if the registered

19  electrical contractor is properly certified or registered as

20  an alarm system contractor, the individual is not required to

21  subcontract out the alarm system contracting.

22         (9)  Persons licensed under this part are subject to

23  ss. 205.0535(1) and 205.065, as applicable.

24         Section 27.  Section 489.539, Florida Statutes, is

25  amended to read:

26         489.539  Adoption of electrical and alarm

27  standards.--For the purpose of establishing minimum electrical

28  and alarm standards in this state, the current edition of the

29  following standards are adopted:

30         (1)  "National Electrical Code 1990," NFPA No. 70

31  70-1990.

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  1         (2)  Underwriters' Laboratories, Inc., "Standards for

  2  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

  3  57 57-1982, and UL 153 153-1983.

  4         (3)  Underwriters' Laboratories, Inc., "Standard for

  5  Electric Signs," UL 48 48-1982.

  6         (4)  The provisions of the following which prescribe

  7  minimum electrical and alarm standards:

  8         (a)  NFPA No. 56A 56A-1978, "Inhalation Anesthetics

  9  1978."

10         (b)  NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."

11         (c)  NFPA No. 56C 56C-1980, "Laboratories in

12  Health-related Institutions 1980."

13         (d)  NFPA No. 56D 56D-1982, "Hyperbaric Facilities."

14         (e)  NFPA No. 56F 56F-1983, "Nonflammable Medical Gas

15  Systems 1983."

16         (f)  NFPA No. 72, "National Fire Alarm Code."

17         (g)(f)  NFPA No. 76A 76A-1984, "Essential Electrical

18  Systems for Health Care Facilities 1984."

19         (5)  Chapter 10D-29 of the rules of the Department of

20  Health and Rehabilitative Services, entitled "Nursing Homes

21  and Related Facilities Licensure."

22         (6)  The minimum standards for grounding of portable

23  electric equipment, chapter 8C-27, as recommended by the

24  Industrial Standards Section of the Division of Workers'

25  Compensation of the Department of Labor and Employment

26  Security.

27         Section 28.  Section 553.19, Florida Statutes, is

28  amended to read:

29         553.19  Adoption of electrical and alarm

30  standards.--For the purpose of establishing minimum electrical

31

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  1  and alarm standards in this state, the current edition of the

  2  following standards are adopted:

  3         (1)  "National Electrical Code 1990," NFPA No. 70

  4  70-1990.

  5         (2)  Underwriters' Laboratories, Inc., "Standards for

  6  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

  7  57 57-1982 and UL 153 153-1983.

  8         (3)  Underwriters' Laboratories, Inc., "Standard for

  9  Electric Signs," UL 48 48-1982.

10         (4)  The provisions of the following which prescribe

11  minimum electrical and alarm standards:

12         (a)  NFPA No. 56A 56A-1978, "Inhalation Anesthetics

13  1978."

14         (b)  NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."

15         (c)  NFPA No. 56C 56C-1980, "Laboratories in

16  Health-related Institutions 1980."

17         (d)  NFPA No. 56D 56D-1982, "Hyperbaric Facilities."

18         (e)  NFPA No. 56F 56F-1983, "Nonflammable Medical Gas

19  Systems 1983."

20         (f)  NFPA No. 72, "National Fire Alarm Code."

21         (g)(f)  NFPA No. 76A 76A-1984, "Essential Electrical

22  Systems for Health Care Facilities 1984."

23         (5)  Chapter 10D-29 of the rules and regulations of the

24  Department of Health and Rehabilitative Services, entitled

25  "Nursing Homes and Related Facilities Licensure."

26         (6)  The minimum standards for grounding of portable

27  electric equipment, chapter 8C-27 as recommended by the

28  Industrial Standards Section, Division of Workers'

29  Compensation, Department of Labor and Employment Security.

30         Section 29.  This act shall take effect July 1 of the

31  year in which enacted.

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3

  4    Revises and provides various provisions of pt. I, ch.
      489, F.S., relating to construction contracting. Provides
  5    exemptions from regulation for the sale, delivery,
      assembly, or tie-down of prefabricated portable sheds
  6    under certain conditions. Revises and provides
      definitions applicable to contractors. Eliminates
  7    reference to board jurisdiction over examinations.
      Requires the Construction Industry Licensing Board and
  8    the Electrical Contractors' Licensing Board to each
      appoint a committee to meet jointly at least twice a
  9    year. Provides that expansion of the scope of practice of
      any type of contractor does not limit the scope of
10    practice of any existing type of contractor unless the
      Legislature expressly provides such limitation. Repeals
11    certification requirements for underground utility and
      excavation contractors.
12

13    Provides for medical gas certification for plumbing
      contractors who install, improve, repair, or maintain
14    conduits used to transport gaseous or partly gaseous
      substances for medical purposes. Provides that plumbing
15    contractors who install, improve, repair, or maintain
      such conduits shall be governed by the National Fire
16    Prevention Association Standard 99C.

17
      Authorizes certificateholders and registrants to apply
18    continuing education courses earned under other
      regulatory provisions under certain circumstances.
19    Details what constitutes an incomplete contract for
      purposes of work allowed a business organization under
20    temporary certification or registration.

21
      Eliminates a provision that requires the transfer of
22    surplus moneys from fines into the Construction
      Industries Recovery Fund. Clarifies provisions relating
23    to conditions for recovery from the fund, eliminates a
      notice requirement, revises a limitation on the making of
24    a claim, and revises provisions relating to payment from
      the fund.
25

26    Amends pt. II, ch. 489, F.S., relating to electrical and
      alarm system contracting. Revises an exemption from
27    regulation under the part that applies to
      telecommunications, community antenna television, and
28    radio distribution systems, to include cable television
      systems. Provides exemptions relating to the monitoring
29    of alarm systems by law enforcement employees or officers
      or fire department employees or officials, by employees
30    of state or federally chartered financial institutions,
      or by employees of a business. Revises and provides
31    definitions applicable to electrical and alarm system
      contracting. Requires the Electrical Contractors'
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  1    Licensing Board and the Construction Industry Licensing
      Board to each appoint a committee to meet jointly at
  2    least twice a year.

  3
      Eliminates reference to the payment date of the biennial
  4    renewal fee for certificateholders and registrants and
      eliminates an inconsistent provision relating to failure
  5    to renew an active or inactive certificate or
      registration. Provides for transfer of a portion of
  6    certain fees applicable to regulation of electrical and
      alarm system contracting to fund certain projects
  7    relating to the building construction industry and
      continuing education programs related thereto.
  8

  9    Revises eligibility requirements for certification as an
      electrical or alarm system contractor. Authorizes the
10    taking of the certification examination more than three
      times. Revises registration requirements for electrical
11    contractors. Authorizes certificateholders and
      registrants to apply continuing education courses earned
12    under other regulatory provisions under certain
      circumstances. Provides for verification of public
13    liability and property damage insurance. Authorizes
      certificateholders and registrants to apply for voluntary
14    inactive status at any time during the period of
      certification or registration. Authorizes a person
15    passing the certification examination and applying for
      licensure to place his or her license on inactive status
16    without having to qualify a business. Provides conditions
      on qualifying agents qualifying more than one business
17    organization. Provides for revocation or suspension of
      such qualification for improper supervision.
18

19    Revises reporting requirements of the Department of
      Business and Professional Regulation to local boards and
20    building officials and provides applicability with
      respect to information provided on the Internet. Revises
21    and provides grounds for discipline and provides
      penalties therefor. Authorizes registered electrical
22    contractors to install raceways for alarm systems.
      Provides that licensees under pt. II, ch. 489, F.S., are
23    subject, as applicable, to certain provisions relating to
      local occupational license taxes. Updates the minimum
24    electrical and alarm standards required in this state and
      adds a national code relating to fire alarms to such
25    standards.

26

27

28

29

30

31

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