Senate Bill 2336c2

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    Florida Senate - 1998                    CS for CS for SB 2336

    By the Committees on Community Affairs, Regulated Industries
    and Senator Clary




    316-2184A-98

  1                      A bill to be entitled

  2         An act relating to regulation of contracting;

  3         amending s. 468.603, F.S.; providing

  4         definitions; creating s. 468.604, F.S.;

  5         providing responsibilities of building code

  6         administrators, plans examiners, and

  7         inspectors; amending s. 468.605, F.S.;

  8         providing membership of the Florida Building

  9         Code Administrators and Inspectors Board;

10         amending s. 468.609, F.S.; providing standards

11         for certification as an inspector, building

12         code administrator, or plans examiner;

13         eliminating the board's authority to issue

14         temporary certificates; amending s. 468.617,

15         F.S.; providing that nothing prohibits local

16         governments from contracting with certified

17         persons to perform inspections; amending s.

18         468.627, F.S.; increasing the initial

19         examination fee; creating ss. 471.045, 481.222,

20         F.S.; allowing architects and professional

21         engineers to perform the duties of building

22         code inspectors in specified circumstances;

23         providing disciplinary guidelines; providing

24         restrictions; amending s. 489.129, F.S.;

25         deleting a ground for discipline; requiring the

26         department to provide certain information to a

27         contractor who is the subject of a complaint;

28         amending s. 489.131, F.S.; specifying the

29         department's authority to investigate

30         complaints; requiring local boards to have

31         consumer members; amending s. 469.001, F.S.;

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  1         redefining the terms "abatement" and "survey";

  2         defining the term "project designer"; amending

  3         s. 469.002, F.S., relating to exemptions from

  4         state regulation of asbestos abatement;

  5         revising an exemption applicable to certain

  6         asbestos-related activities done by government

  7         employees; revising certain existing

  8         exemptions; amending s. 469.004, F.S.;

  9         eliminating provisions relating to

10         prerequisites to issuance of a license and to

11         continuing education; amending s. 469.005,

12         F.S.; revising licensure requirements for

13         asbestos consultants and asbestos contractors

14         relating to required coursework; amending s.

15         469.006, F.S.; requiring applicants for

16         business licensure to submit evidence of

17         financial responsibility and an affidavit

18         attesting to having obtained the required

19         workers' compensation, public liability, and

20         property damage insurance; amending s. 469.013,

21         F.S.; revising continuing education

22         requirements applicable to asbestos surveyors,

23         management planners, and project monitors;

24         repealing s. 469.015, F.S., relating to seals;

25         amending ss. 255.551, 376.60, and 469.014,

26         F.S.; conforming cross-references; amending s.

27         489.103, F.S.; providing exemptions from

28         regulation for the sale, delivery, assembly, or

29         tie-down of prefabricated portable sheds under

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

31         revising and providing definitions applicable

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

  2         eliminating reference to board jurisdiction

  3         over examinations; requiring the Construction

  4         Industry Licensing Board and the Electrical

  5         Contractors' Licensing Board to each appoint a

  6         committee to meet jointly at least twice a

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

  8         expansion of the scope of practice of any type

  9         of contractor does not limit the scope of

10         practice of any existing type of contractor

11         unless the Legislature expressly provides such

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

13         provides for certification of underground

14         utility and excavation contractors; creating s.

15         489.1136, F.S.; providing for medical gas

16         certification for plumbing contractors who

17         install, improve, repair, or maintain conduits

18         used to transport gaseous or partly gaseous

19         substances for medical purposes; requiring

20         certain coursework; requiring an examination

21         for certain persons; providing for discipline

22         and penalties; providing a definition; amending

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

24         contractors who install, improve, repair, or

25         maintain such conduits shall be governed by the

26         National Fire Prevention Association Standard

27         99C; amending s. 489.115, F.S.; authorizing

28         certificateholders and registrants to apply

29         continuing education courses earned under other

30         regulatory provisions under certain

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

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  1         detailing what constitutes an incomplete

  2         contract for purposes of work allowed a

  3         business organization under temporary

  4         certification or registration; amending s.

  5         489.140, F.S.; eliminating a provision that

  6         requires the transfer of surplus moneys from

  7         fines into the Construction Industries Recovery

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

  9         provisions relating to conditions for recovery

10         from the fund; eliminating a notice

11         requirement; revising a limitation on the

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

13         revising a provision relating to powers of the

14         Construction Industry Licensing Board with

15         respect to actions for recovery from the fund,

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

17         provisions relating to payment from the fund;

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

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

20         relating to electrical and alarm system

21         contracting; revising an exemption that applies

22         to telecommunications, community antenna

23         television, and radio distribution systems, to

24         include cable television systems; providing

25         exemptions relating to the monitoring of alarm

26         systems by law enforcement employees or

27         officers or fire department employees or

28         officials, by employees of state or federally

29         chartered financial institutions, or by

30         employees of a business; amending s. 489.505,

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

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  1         to the definition of "limited burglar alarm

  2         system contractor"; redefining terms applicable

  3         to electrical and alarm system contracting;

  4         defining the term "monitoring"; amending s.

  5         489.507, F.S.; requiring the Electrical

  6         Contractors' Licensing Board and the

  7         Construction Industry Licensing Board to each

  8         appoint a committee to meet jointly at least

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

10         eliminating reference to the payment date of

11         the biennial renewal fee for certificateholders

12         and registrants; eliminating an inconsistent

13         provision relating to failure to renew an

14         active or inactive certificate or registration;

15         providing for transfer of a portion of certain

16         fees applicable to regulation of electrical and

17         alarm system contracting to fund certain

18         projects relating to the building construction

19         industry and continuing education programs

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

21         revising eligibility requirements for

22         certification as an electrical or alarm system

23         contractor; authorizing the taking of the

24         certification examination more than three times

25         and providing requirements with respect

26         thereto; eliminating an obsolete provision;

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

28         registration requirements for electrical

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

30         authorizing certificateholders and registrants

31         to apply continuing education courses earned

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  1         under other regulatory provisions under certain

  2         circumstances; providing for verification of

  3         public liability and property damage insurance;

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

  5         certificateholders and registrants to apply for

  6         voluntary inactive status at any time during

  7         the period of certification or registration;

  8         authorizing a person passing the certification

  9         examination and applying for licensure to place

10         his or her license on inactive status without

11         having to qualify a business; amending s.

12         489.521, F.S.; providing conditions on

13         qualifying agents qualifying more than one

14         business organization; providing for revocation

15         or suspension of such qualification for

16         improper supervision; providing technical

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

18         reporting requirements of the Department of

19         Business and Professional Regulation to local

20         boards and building officials; providing

21         applicability with respect to information

22         provided on the Internet; amending s. 489.533,

23         F.S.; revising and providing grounds for

24         discipline; providing penalties; reenacting s.

25         489.518(5), F.S., relating to alarm system

26         agents, to incorporate the amendment to s.

27         489.533, F.S., in a reference thereto; amending

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

29         electrical contractors to install raceways for

30         alarm systems; providing that licensees under

31         part II, ch. 489, F.S., are subject, as

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  1         applicable, to certain provisions relating to

  2         local occupational license taxes; amending ss.

  3         489.539, 553.19, F.S.; updating electrical and

  4         alarm standards; adding a national code

  5         relating to fire alarms to the minimum

  6         electrical and alarm standards required in this

  7         state; amending s. 489.505, F.S.; defining the

  8         term "fire alarm system agent"; creating s.

  9         489.5185, F.S.; providing requirements for fire

10         alarm system agents, including specified

11         training and fingerprint and criminal

12         background checks; providing for fees for

13         approval of training providers and courses;

14         providing applicability to applicants, current

15         employees, and various licensees; requiring an

16         identification card and providing requirements

17         therefor; providing continuing education

18         requirements; providing disciplinary penalties;

19         creating s. 501.937, F.S.; providing

20         requirements for use of professional titles by

21         industrial hygienists and safety professionals;

22         providing definitions; providing that violation

23         of such requirements is a deceptive and unfair

24         trade practice; amending s. 633.021, F.S.;

25         defining the term "fire extinguisher"; amending

26         s. 633.061, F.S.; requiring an individual or

27         organization that hydrotests fire extinguishers

28         and preengineered systems to obtain a permit or

29         license from the State Fire Marshal; revising

30         the services that may be performed under

31         certain licenses and permits issued by the

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  1         State Fire Marshal; providing additional

  2         application requirements; providing

  3         requirements for obtaining an upgraded license;

  4         amending ss. 633.065, 633.071, F.S.; providing

  5         requirements for installing and inspecting fire

  6         suppression equipment; amending s. 633.162,

  7         F.S.; prohibiting an owner, officer, or partner

  8         of a company from applying for licensure if the

  9         license held by the company is suspended or

10         revoked; revising the grounds upon which the

11         State Fire Marshal may deny, revoke, or suspend

12         a license or permit; providing restrictions on

13         activities of former licenseholders and

14         permittees; amending s. 633.171, F.S.; revising

15         the prohibition against rendering a fire

16         extinguisher or preengineered system

17         inoperative to conform to changes made by the

18         act; amending s. 633.547, F.S.; providing the

19         State Fire Marshal authority to suspend and

20         revoke certificates; providing restrictions on

21         the activities of former certificateholders

22         whose certificates are suspended or revoked;

23         amending s. 489.105, F.S., relating to

24         contracting; conforming a cross-reference to

25         changes made by the act; providing an effective

26         date.

27

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

29

30

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  1         Section 1.  Paragraph (c) of subsection (6) of section

  2  468.603, Florida Statutes, is amended and paragraph (h) is

  3  added to that subsection to read:

  4         468.603  Definitions.--As used in this part:

  5         (6)  "Categories of building inspectors" include the

  6  following:

  7         (c)  "Commercial electrical inspector" means a person

  8  who is qualified to inspect and determine the electrical

  9  safety of commercial buildings and structures by inspecting

10  for compliance with the provisions of the governing National

11  electrical code.

12         (h)  "Electrical inspector" means a person who is

13  qualified to inspect and determine the electrical safety of

14  commercial and residential buildings and accessory structures

15  by inspecting for compliance with the provisions of the

16  governing electrical code.

17         Section 2.  Section 468.604, Florida Statutes, is

18  created to read:

19         468.604  Responsibilities of building code

20  administrators, plans examiners and inspectors.--

21         (1)  It is the responsibility of the building code

22  administrator or building official to administrate, supervise,

23  direct, enforce, or perform the permitting and inspection of

24  construction, alteration, repair, remodeling, or demolition of

25  structures and the installation of building systems within the

26  boundaries of their governmental jurisdiction, when permitting

27  is required, to ensure compliance with building, plumbing,

28  mechanical, electrical, gas fuel, energy conservation,

29  accessibility, and other construction codes which are required

30  or adopted by municipal code, county ordinance, or state law.

31  The building code administrator or building official shall

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  1  faithfully perform these responsibilities without interference

  2  from any person. These responsibilities include:

  3         (a)  The review of construction plans to ensure

  4  compliance with all applicable codes. The construction plans

  5  must be reviewed before the issuance of any building, system

  6  installation, or other construction permit. The review of

  7  construction plans must be done by the building code

  8  administrator or building official or by a person having the

  9  appropriate plans examiner license issued under this chapter.

10         (b)  The inspection of each phase of construction where

11  a building or other construction permit has been issued. The

12  building code administrator or building official, or a person

13  having the appropriate building code inspector license issued

14  under this chapter, shall inspect the construction or

15  installation to ensure that the work is performed in

16  accordance with applicable codes.

17         (2)  It is the responsibility of the building code

18  inspector to conduct inspections of construction, alteration,

19  repair, remodeling, or demolition of structures and the

20  installation of building systems, when permitting is required,

21  to ensure compliance with building, plumbing, mechanical,

22  electrical, gas fuel, energy conservation, accessibility, and

23  other construction codes required by municipal code, county

24  ordinance, or state law. Each building code inspector must be

25  licensed in the appropriate category as defined in s. 468.603.

26  The building code inspector's responsibilities must be

27  performed under the direction of the building code

28  administrator or building official without interference from

29  any unlicensed person.

30         (3)  It is the responsibility of the plans examiner to

31  conduct review of construction plans submitted in the permit

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  1  application to assure compliance with all applicable codes

  2  required by municipal code, county ordinance, or state law.

  3  The review of construction plans must be done by the building

  4  code administrator or building official or by a person

  5  licensed in the appropriate plans examiner category as defined

  6  in s. 468.603. The plans examiner's responsibilities must be

  7  performed under the supervision and authority of the building

  8  code administrator or building official without interference

  9  from any unlicensed person.

10         Section 3.  Subsection (2) of section 468.605, Florida

11  Statutes, is amended to read:

12         468.605  Florida Building Code Administrators and

13  Inspectors Board.--

14         (2)  The board shall consist of nine members, as

15  follows:

16         (a)  One member who is an architect licensed pursuant

17  to chapter 481, an engineer licensed pursuant to chapter 471,

18  or a contractor licensed pursuant to chapter 489.

19         (b)  Two members serving as building code

20  administrators.

21         (c)  Two members One member serving as an a building

22  inspector who is without managerial authority in the employing

23  agency.

24         (d)  One member serving as a plans examiner.

25         (e)  One member who is a representative of a city or a

26  charter county.

27         (f)  One member serving as a city manager.

28         (f)(g)  Two consumer members who are not, and have

29  never been, members of a profession regulated under this part,

30  chapter 481, chapter 471, or chapter 489. One of the consumer

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  1  members must be a person with a disability or a representative

  2  of an organization which represents persons with disabilities.

  3

  4  None of the board members described in paragraph (a) or

  5  paragraph (f) (g) may be an employee of a municipal, county,

  6  or state governmental agency.

  7         Section 4.  Section 468.609, Florida Statutes, is

  8  amended to read:

  9         468.609  Administration of this part; standards for

10  certification; additional categories of certification.--

11         (1)  Except as provided in this part, any person who

12  desires to be certified shall apply to the board, in writing

13  upon forms approved and furnished by the board, to take the

14  certification examination.

15         (2)  A person shall be entitled to take the examination

16  for certification as an inspector or plans examiner pursuant

17  to this part if the person:

18         (a)  Is at least 18 years of age;

19         (b)  Is of good moral character; and

20         (c)  Meets eligibility requirements according to one of

21  the following criteria:

22         1.  Demonstrates 5 years' combined experience in the

23  field of construction or related field or inspection, or plans

24  review corresponding to the certification category sought;

25         2.  Demonstrates a combination of postsecondary

26  education in the field of construction or related field and

27  experience which totals 4 years, with at least 1 year of such

28  total being experience in construction, or building

29  inspection, or plans review; or

30         3.  Currently holds a standard certificate as issued by

31  the board and satisfactorily completes an inspector or plans

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  1  examiner training program of not less than 200 hours in the

  2  certification category sought. The board shall establish by

  3  rule criteria for the development and implementation of the

  4  training programs.

  5         (3)3.  A person shall be entitled to take the

  6  examination for certification as a building code administrator

  7  pursuant to this part if the person:

  8         (a)  Is at least 18 years of age;

  9         (b)  Is of good moral character; and

10         (c)  Meets eligibility requirements according to one of

11  the following criteria:

12         1.  For certification as a building code administrator

13  or building official, Demonstrates 10 years' combined

14  experience as an architect, engineer, plan examiner, building

15  code inspector, registered or certified contractor, or

16  construction superintendent, with at least 5 years of such

17  experience in supervisory positions; or.

18         2.  Demonstrates a combination of postsecondary

19  education in the field of construction or related field, no

20  more than 5 years of which may be applied, and experience as

21  an architect, engineer, plan examiner, building code

22  inspector, registered or certified contractor, or construction

23  superintendent which totals 10 years, with at least 5 years of

24  such total being experience in supervisory positions.

25         (4)(3)  No person may engage in the duties of a

26  building code administrator, plans examiner, or inspector

27  pursuant to this part after October 1, 1993, unless such

28  person possesses one of the following types of certificates,

29  currently valid, issued by the board attesting to the person's

30  qualifications to hold such position:

31         (a)  A standard certificate.

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  1         (b)  A limited certificate.

  2         (c)  A provisional certificate.

  3         (5)(4)(a)  To obtain a standard certificate, an

  4  individual must pass an examination approved by the board

  5  which demonstrates that the applicant has fundamental

  6  knowledge of the state laws and codes relating to the

  7  construction of buildings for which the applicant has code

  8  administration, plan examining, or inspection

  9  responsibilities.  It is the intent of the Legislature that

10  the examination approved for certification pursuant to this

11  part be substantially equivalent to the examinations

12  administered by the Southern Building Code Congress

13  International, the Building Officials Association of Florida,

14  the South Florida Building Code (Dade and Broward), and the

15  Council of American Building Officials.

16         (b)  A standard certificate shall be issued to each

17  applicant who successfully completes the examination, which

18  certificate authorizes the individual named thereon to

19  practice throughout the state as a building code

20  administrator, plans examiner, or inspector within such class

21  and level as is specified by the board.

22         (c)  The board may accept proof that the applicant has

23  passed an examination which is substantially equivalent to the

24  board-approved examination set forth in this section.

25         (6)(5)(a)  A building code administrator, plans

26  examiner, or inspector holding office on July 1, 1993, shall

27  not be required to possess a standard certificate as a

28  condition of tenure or continued employment, but shall be

29  required to obtain a limited certificate as described in this

30  subsection.

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  1         (b)  By October 1, 1993, individuals who were employed

  2  on July 1, 1993, as building code administrators, plans

  3  examiners, or inspectors, who are not eligible for a standard

  4  certificate, but who wish to continue in such employment,

  5  shall submit to the board the appropriate application and

  6  certification fees and shall receive a limited certificate

  7  qualifying them to engage in building code administration,

  8  plans examination, or inspection in the class, at the

  9  performance level, and within the governmental jurisdiction in

10  which such person is employed.

11         (c)  The limited certificate shall be valid only as an

12  authorization for the building code administrator, plans

13  examiner, or inspector to continue in the position held, and

14  to continue performing all functions assigned to that

15  position, on July 1, 1993.

16         (d)  A building code administrator, plans examiner, or

17  inspector holding a limited certificate can be promoted to a

18  position requiring a higher level certificate only upon

19  issuance of a standard certificate or provisional certificate

20  appropriate for such new position.

21         (7)(6)(a)  The board may provide for the issuance of

22  provisional or temporary certificates valid for such period,

23  not less than 1 year nor more than 3 years, as specified by

24  board rule, to any newly employed or promoted building code

25  administrator, plans examiner, or inspector newly employed or

26  newly promoted who lacks the qualifications prescribed by the

27  board or by statute as prerequisite to issuance of a standard

28  certificate.

29         (b)  No building code administrator, plans examiner, or

30  inspector may have a provisional or temporary certificate

31  extended beyond the specified period by renewal or otherwise.

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  1         (c)  The board may provide for appropriate levels of

  2  provisional or temporary certificates and may issue these

  3  certificates with such special conditions or requirements

  4  relating to the place of employment of the person holding the

  5  certificate, the supervision of such person on a consulting or

  6  advisory basis, or other matters as the board may deem

  7  necessary to protect the public safety and health.

  8         (d)  A newly employed or hired person may perform the

  9  duties of a plans examiner or inspector for 90 days if a

10  provisional certificate application has been submitted,

11  provided such person is under the direct supervision of a

12  certified building code administrator who holds a standard

13  certification and who has found such person qualified for a

14  provisional certificate.

15         (8)(7)(a)  Any individual who holds a valid certificate

16  under the provisions of s. 553.795, or who has successfully

17  completed all requirements for certification pursuant to such

18  section, shall be deemed to have satisfied the requirements

19  for receiving a standard certificate prescribed by this part.

20         (b)  Any individual who holds a valid certificate

21  issued by the Southern Building Code Congress International,

22  the Building Officials Association of Florida, the South

23  Florida Building Code (Dade and Broward), or the Council of

24  American Building Officials certification programs, or who has

25  been approved for certification under one of those programs

26  not later than October 1, 1995, shall be deemed to have

27  satisfied the requirements for receiving a standard

28  certificate in the corresponding category prescribed by this

29  part. Employees of counties with a population of less than

30  50,000, or employees of municipalities with a population of

31  less than 3,500, shall be deemed to have satisfied the

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  1  requirements for standard certification where such employee is

  2  approved for certification under one of the programs set forth

  3  in this paragraph not later than October 1, 1998.

  4         (9)(8)  Any individual applying to the board may be

  5  issued a certificate valid for multiple inspection classes, as

  6  deemed appropriate by the board.

  7         (10)(9)  Certification and training classes may be

  8  developed in coordination with degree career education

  9  centers, community colleges, the State University System, or

10  other entities offering certification and training classes.

11         (11)(10)  The board may by rule create categories of

12  certification in addition to those defined in s. 468.603(6)

13  and (7). Such certification categories shall not be mandatory

14  and shall not act to diminish the scope of any certificate

15  created by statute.

16         Section 5.  Subsections (2) and (3) of section 468.617,

17  Florida Statutes, are amended to read:

18         468.617  Joint inspection department; other

19  arrangements.--

20         (2)  Nothing in this part shall prohibit local

21  governments from contracting with employing persons certified

22  pursuant to this part to perform inspections or plan reviews

23  on a contract basis. An individual or entity may not inspect

24  or examine plans on projects in which the individual or entity

25  designed or permitted the projects.

26         (3)  Nothing in this part shall prohibit any county or

27  municipal government from entering into any contract with any

28  person or entity for the provision of services regulated under

29  this part, and notwithstanding any other statutory provision,

30  such county or municipal governments may enter into contracts

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  1  which provide for payment of inspection or review fees

  2  directly to the contract provider.

  3         Section 6.  Section 468.627, Florida Statutes, is

  4  amended to read:

  5         468.627  Application; examination; renewal; fees.--

  6         (1)  The board shall establish by rule fees to be paid

  7  for application, examination, reexamination, certification and

  8  certification renewal, inactive status application, and

  9  reactivation of inactive certificates.  The board may

10  establish by rule a late renewal penalty.  The board shall

11  establish fees which are adequate, when combined with revenue

12  generated by the provisions of s. 468.631, to ensure the

13  continued operation of this part.  Fees shall be based on

14  department estimates of the revenue required to implement this

15  part.

16         (2)  The initial application fee may not exceed $25 for

17  building code administrators, plans examiners, or inspectors.

18         (3)  The initial examination fee may not exceed $150

19  $50 for building code administrators, plans examiners, or

20  inspectors.

21         (4)  The initial certification fee may not exceed $25

22  for building code administrators, plans examiners, or

23  inspectors.

24         (5)  The biennial certification renewal fee may not

25  exceed $25 for building code administrators, plans examiners,

26  or inspectors.

27         (4)(6)  Employees of local government agencies having

28  responsibility for inspection, regulation, and enforcement of

29  building, plumbing, mechanical, electrical, gas, fire

30  prevention, energy, accessibility, and other construction

31  codes shall pay no application fees or examination fees, and

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  1  shall pay not more than $5 each for initial certification and

  2  biennial certification renewal fees.

  3         (5)(7)  The certificateholder shall provide proof, in a

  4  form established by board rule, that the certificateholder has

  5  completed at least 14 classroom hours of at least 50 minutes

  6  each of continuing education courses during each biennium

  7  since the issuance or renewal of the certificate.  The board

  8  shall by rule establish criteria for approval of continuing

  9  education courses and providers, and may by rule establish

10  criteria for accepting alternative nonclassroom continuing

11  education on an hour-for-hour basis.

12         Section 7.  Section 471.045, Florida Statutes, is

13  created to read:

14         471.045  Professional engineers performing building

15  code inspector duties.--Notwithstanding any other provision of

16  law, a person who is currently licensed under this chapter to

17  practice as a professional engineer may provide building

18  inspection services described in s. 468.603(6) and (7) to a

19  local government or state agency upon its request, without

20  being certified by the Board of Building Code Administrators

21  and Inspectors under part XIII of chapter 468. When performing

22  these building inspection services, the professional engineer

23  is subject to the disciplinary guidelines of this chapter and

24  s. 468.621(1)(c)-(g). Any complaint processing, investigation,

25  and discipline that arise out of a professional engineer's

26  performing building inspection services shall be conducted by

27  the Board of Professional Engineers rather than the Board of

28  Building Code Administrators and Inspectors. A professional

29  engineer may not perform plans review as an employee of a

30  local government upon any job that the professional engineer

31  or the professional engineer's company designed.

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  1         Section 8.  Section 481.222, Florida Statutes, is

  2  created to read:

  3         481.222  Architects performing building code inspector

  4  duties.--Notwithstanding any other provision of law, a person

  5  who is currently licensed to practice as an architect under

  6  this part may provide building inspection services described

  7  in s. 468.603(6) and (7) to a local government or state agency

  8  upon its request, without being certified by the Board of

  9  Building Code Administrators and Inspectors under part XIII of

10  chapter 468. With respect to the performance of such building

11  inspection services, the architect is subject to the

12  disciplinary guidelines of this part and s. 468.621(1)(c)-(g).

13  Any complaint processing, investigation, and discipline that

14  arise out of an architect's performance of building inspection

15  services shall be conducted by the Board of Architecture and

16  Interior Design rather than the Board of Building Code

17  Administrators and Inspectors. An architect may not perform

18  plans review as an employee of a local government upon any job

19  that the architect or the architect's company designed.

20         Section 9.  Paragraph (d) of subsection (1) of section

21  489.129, Florida Statutes, is amended and subsection (12) is

22  added to that section to read:

23         489.129  Disciplinary proceedings.--

24         (1)  The board may take any of the following actions

25  against any certificateholder or registrant:  place on

26  probation or reprimand the licensee, revoke, suspend, or deny

27  the issuance or renewal of the certificate, registration, or

28  certificate of authority, require financial restitution to a

29  consumer for financial harm directly related to a violation of

30  a provision of this part, impose an administrative fine not to

31  exceed $5,000 per violation, require continuing education, or

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  1  assess costs associated with investigation and prosecution, if

  2  the contractor, financially responsible officer, or business

  3  organization for which the contractor is a primary qualifying

  4  agent, a financially responsible officer, or a secondary

  5  qualifying agent responsible under s. 489.1195 is found guilty

  6  of any of the following acts:

  7         (d)  Knowingly violating the applicable building codes

  8  or laws of the state or of any municipalities or counties

  9  thereof.

10         (12)  When an investigation of a contractor is

11  undertaken, the department shall promptly furnish to the

12  contractor or the contractor's attorney a copy of the

13  complaint or document that resulted in the initiation of the

14  investigation. The department shall make the complaint and

15  supporting documents available to the contractor. The

16  complaint or supporting documents shall contain information

17  regarding the specific facts that serve as the basis for the

18  complaint. The contractor may submit a written response to the

19  information contained in such complaint or document within 20

20  days after service to the contractor of the complaint or

21  document. The contractor's written response shall be

22  considered by the probable cause panel. The right to respond

23  does not prohibit the issuance of a summary emergency order if

24  necessary to protect the public. However, if the secretary, or

25  the secretary's designee, and the chair of the board or the

26  chair of the probable cause panel agree in writing that such

27  notification would be detrimental to the investigation, the

28  department may withhold notification. The department may

29  conduct an investigation without notification to a contractor

30  if the act under investigation is a criminal offense.

31

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  1         Section 10.  Subsections (7) and (10) of section

  2  489.131, Florida Statutes, are amended to read:

  3         489.131  Applicability.--

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

  5  of regulation is to protect the public by attaining compliance

  6  with the policies established in law.  Fines and other

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

  8  the collection of fines and the imposition of penalties are

  9  intended to be secondary to the primary goal of attaining

10  compliance with state laws and local jurisdiction ordinances.

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

12  agency charged with enforcing regulatory laws shall issue a

13  notice of noncompliance as its first response to a minor

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

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

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

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

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

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

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

21  notification by the local jurisdiction agency charged with

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

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

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

25  It should identify the specific ordinance that is being

26  violated, provide information on how to comply with the

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

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

29  action correcting the violation within a set period of time

30  would then result in the institution of further disciplinary

31  proceedings.

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

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

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

  4  ordinances against locally licensed or registered contractors,

  5  as appropriate.  The local jurisdiction enforcement body may

  6  conduct disciplinary proceedings against a locally licensed or

  7  registered contractor and may require restitution, impose a

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

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

10  the locally licensed or registered contractor, according to

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

12  the local jurisdiction may assess reasonable investigative and

13  legal costs for the prosecution of the violation against the

14  violator, according to such ordinances as the local

15  jurisdiction may enact.

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

17  enforcement body may take against the individual's local

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

19  local jurisdiction enforcement body shall issue a recommended

20  penalty for board action.  This recommended penalty may

21  include a recommendation for no further action, or a

22  recommendation for suspension, revocation, or restriction of

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

24  combination thereof.  The local jurisdiction enforcement body

25  shall inform the disciplined contractor and the complainant of

26  the local license penalty imposed, the board penalty

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

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

29  enforcement body shall, upon having reached adjudication or

30  having accepted a plea of nolo contendere, immediately inform

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

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

  2  complainant may challenge the local jurisdiction enforcement

  3  body's recommended penalty for board action to the

  4  Construction Industry Licensing Board.  A challenge shall be

  5  filed within 60 days after the issuance of the recommended

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

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

  8  need for a probable cause hearing.

  9         (e)  Failure of the department, the disciplined

10  contractor, or the complainant to challenge the local

11  jurisdiction's recommended penalty within the time period set

12  forth in this subsection shall constitute a waiver of the

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

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

15  violation, and the penalty recommended shall become a final

16  order according to procedures developed by board rule without

17  further board action. The disciplined contractor may appeal

18  this board action to the district court.

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

20  that which is made with the department.  However, if the

21  department may not initiate or pursue any determines that the

22  complaint against a registered contractor where a local

23  jurisdiction enforcement body has jurisdiction over the

24  complaint. The department shall refer the complaint to the

25  local jurisdiction enforcement body for investigation or

26  prosecution. The department shall not proceed until the is for

27  an action which a local jurisdiction enforcement body has

28  investigated and reached adjudication or accepted a plea of

29  nolo contendere, including a recommended penalty to the board,

30  except as provided otherwise in this section.

31

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  1         2.  The department shall not initiate prosecution for

  2  that action, unless the secretary has initiated summary

  3  procedures pursuant to s. 455.225(8).

  4         3.  If the department proves that a local government

  5  enforcement body has failed or refused to investigate a

  6  complaint within 1 year, the board may suspend or rescind its

  7  determination of the adequacy of the local government

  8  enforcement body's disciplinary procedures granted under s.

  9  489.117(2).

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

11  allow local jurisdictions to exercise disciplinary authority

12  over certified contractors.

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

14  certificate of competency or license for any contractor

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

16  such local government exercises disciplinary control and

17  oversight over such locally licensed contractors, including

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

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

20  disciplines contractors must have at least two consumer

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

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

23  representatives. The consumer representative may be any

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

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

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

27         Section 11.  Subsection (1) of section 469.001, Florida

28  Statutes, is amended, present subsections (20) and (22) are

29  renumbered as subsections (21) and (23), respectively, present

30  subsection (21) is renumbered as subsection (22) and amended,

31  and a new subsection (20) is added to that section, to read:

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  1         469.001  Definitions.--As used in this chapter:

  2         (1)  "Abatement" means the removal, encapsulation,

  3  enclosure, or disposal of asbestos.

  4         (20)  "Project designer" means a person who works under

  5  the direction of a licensed asbestos consultant and engages in

  6  the design of project specifications for asbestos abatement

  7  projects.

  8         (22)(21)  "Survey" means the process of inspecting a

  9  facility for the presence of asbestos-containing materials to

10  determine the location and condition of asbestos-containing

11  materials prior to transfer of property, renovation,

12  demolition, or maintenance projects which may disturb

13  asbestos-containing materials.

14         Section 12.  Section 469.002, Florida Statutes, is

15  amended to read:

16         469.002  Exemptions.--

17         (1)  This chapter does not apply to:

18         (a)  An authorized employee of the United States, this

19  state, or any municipality, county, or other political

20  subdivision, public or private school, or private entity who

21  has completed all training required by NESHAP and OSHA or by

22  AHERA for the activities described in this paragraph and who

23  is conducting abatement work solely for maintenance purposes

24  within the scope of the person's employment involving less

25  than 160 square feet of asbestos-containing materials or less

26  than 260 linear feet of asbestos-containing material on pipe,

27  so long as the employee is not available for hire or does not

28  otherwise engage in asbestos abatement, contracting, or

29  consulting.

30         (b)  Asbestos-related activities which disturb

31  asbestos-containing materials within manufacturing, utility,

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  1  or military facilities and which are undertaken by regular

  2  full-time employees of the owner or operator who have

  3  completed all training required by this chapter or NESHAP and

  4  OSHA for conducting such activities in areas where access is

  5  restricted to authorized personnel who are carrying out

  6  specific assignments.

  7         (c)  Reinspections at public or private schools,

  8  whether K-12 or any other configuration, when conducted by an

  9  employee who has completed the AHERA-required training for

10  such reinspections pursuant to this chapter and who is

11  conducting work within the scope of the person's employment.

12         (d)  Moving, removal, or disposal of

13  asbestos-containing materials on a residential building where

14  the owner occupies the building, the building is not for sale

15  or lease, and the work is performed according to the

16  owner-builder limitations provided in this paragraph. To

17  qualify for exemption under this paragraph, an owner must

18  personally appear and sign the building permit application.

19  The permitting agency shall provide the person with a

20  disclosure statement in substantially the following form:

21

22                       Disclosure Statement

23

24         State law requires asbestos abatement to be done by

25  licensed contractors. You have applied for a permit under an

26  exemption to that law. The exemption allows you, as the owner

27  of your property, to act as your own asbestos abatement

28  contractor even though you do not have a license. You must

29  supervise the construction yourself. You may move, remove, or

30  dispose of asbestos-containing materials on a residential

31  building where you occupy the building and the building is not

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  1  for sale or lease, or the building is a farm outbuilding on

  2  your property. If you sell or lease such building within 1

  3  year after the asbestos abatement is complete, the law will

  4  presume that you intended to sell or lease the property at the

  5  time the work was done, which is a violation of this

  6  exemption. You may not hire an unlicensed person as your

  7  contractor. Your work must be done according to all local,

  8  state, and federal laws and regulations which apply to

  9  asbestos abatement projects. It is your responsibility to make

10  sure that people employed by you have licenses required by

11  state law and by county or municipal licensing ordinances.

12

13         (e)  An authorized employee of the United States, this

14  state, or any municipality, county, or other political

15  subdivision who has completed all training required by NESHAP

16  and OSHA or by AHERA for the activities described in this

17  paragraph, while engaged in asbestos-related activities set

18  forth in s. 255.5535 and asbestos-related activities involving

19  the demolition of a residential building owned by that

20  governmental unit, where such activities are within the scope

21  of that employment and the employee does not hold out for hire

22  or otherwise engage in asbestos abatement, contracting, or

23  consulting.

24         (2)  Licensure as an asbestos contractor is not

25  required for the moving, removal, or disposal of

26  asbestos-containing roofing material by a roofing contractor

27  certified or registered under part I of chapter 489, if all

28  such activities are performed under the direction of an onsite

29  roofing supervisor trained as provided in s. 469.012.

30         (3)  Licensure as an asbestos contractor or asbestos

31  consultant is not required for the moving, removal, repair,

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  1  maintenance, or disposal, or related inspections, of

  2  asbestos-containing resilient floor covering or its adhesive,

  3  if:

  4         (a)  The resilient floor covering is a Category I

  5  nonfriable material as defined in NESHAP and remains a

  6  Category I nonfriable material during removal activity.

  7         (b)  All such activities are performed in accordance

  8  with all applicable asbestos standards of the United States

  9  Occupational Safety and Health Administration under 29 C.F.R.

10  part 1926.

11         (c)  The removal is not subject to asbestos licensing

12  or accreditation requirements under federal asbestos NESHAP

13  regulations of the United States Environmental Protection

14  Agency.

15         (d)  Written notice of the time, place, and company

16  performing the removal and certification that all conditions

17  required under this subsection are met are provided to the

18  Department of Business and Professional Regulation at least 3

19  days prior to such removal. The contractor removing such

20  flooring materials is responsible for maintaining proof that

21  all the conditions required under this subsection are met.

22

23  The department may inspect removal sites to determine

24  compliance with this subsection and shall adopt rules

25  governing inspections.

26         (4)  Licensure as an asbestos consultant or contractor

27  is not required for the repair, maintenance, removal, or

28  disposal of asbestos-containing pipe or conduit, if:

29         (a)  The pipe or conduit is used for electrical,

30  electronic, communications, sewer, or water service;

31         (b)  The pipe or conduit is not located in a building;

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  1         (c)  The pipe or conduit is made of Category I or

  2  Category II nonfriable material as defined in NESHAP; and

  3         (d)  All such activities are performed according to all

  4  applicable regulations, including work practices and training,

  5  of the United States Occupational Safety and Health

  6  Administration under 29 C.F.R. part 1926.

  7         (5)(2)  Nothing in this section shall be construed to

  8  alter or affect otherwise applicable Florida Statutes and

  9  rules promulgated thereunder, or Environmental Protection

10  Agency or OSHA regulations regarding asbestos activities.

11         Section 13.  Section 469.004, Florida Statutes, is

12  amended to read:

13         469.004  License; asbestos consultant; asbestos

14  contractor; exceptions.--

15         (1)  All asbestos consultants must be licensed by the

16  department. An asbestos consultant's license may be issued

17  only to an applicant who holds a current, valid, active

18  license as an architect issued under chapter 481; holds a

19  current, valid, active license as a professional engineer

20  issued under chapter 471; holds a current, valid, active

21  license as a professional geologist issued under chapter 492;

22  is a diplomat of the American Board of Industrial Hygiene; or

23  has been awarded designation as a Certified Safety

24  Professional by the Board of Certified Safety Professionals.

25         (2)  All asbestos contractors must be licensed by the

26  department. An asbestos contractor may not perform abatement

27  activities involving work that affects building structures or

28  systems.  Work on building structures or systems may be

29  performed only by a contractor licensed under chapter 489.

30         (3)  Licensure as an asbestos contractor is not

31  required for the moving, removal, or disposal of

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  1  asbestos-containing roofing material by a roofing contractor

  2  certified or registered under part I of chapter 489, if all

  3  such activities are performed under the direction of an onsite

  4  roofing supervisor trained as provided in s.  469.012.

  5         (4)  Licensure as an asbestos contractor or asbestos

  6  consultant is not required for the moving, removal, or

  7  disposal, or related inspections, of asbestos-containing

  8  resilient floor covering or its adhesive, if:

  9         (a)  The resilient floor covering is a Category I

10  nonfriable material as defined in NESHAP and remains a

11  Category I nonfriable material during removal activity.

12         (b)  All such activities are performed in accordance

13  with all applicable asbestos standards of the United States

14  Occupational Safety and Health Administration under 29 C.F.R.

15  part 1926.

16         (c)  The removal is not subject to asbestos licensing

17  or accreditation requirements under federal asbestos NESHAP

18  regulations of the United States Environmental Protection

19  Agency.

20         (d)  Written notice of the time, place, and company

21  performing the removal and certification that all conditions

22  required under this subsection are met are provided to the

23  Department of Business and Professional Regulation at least 3

24  days prior to such removal.  The contractor removing such

25  flooring materials is responsible for maintaining proof that

26  all the conditions required under this subsection are met.

27

28  The department may inspect removal sites to determine

29  compliance with this subsection and shall adopt rules

30  governing inspections.

31

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  1         (5)  Prior to the department's issuance of an asbestos

  2  consultant's license or an asbestos contractor's license, the

  3  applicant must provide evidence, as provided by the department

  4  by rule, that the applicant has met the requirements of s.

  5  469.005.

  6         (6)  A license issued under this section must be

  7  renewed every 2 years. Before renewing a contractor's license,

  8  the department shall require proof that the licensee has

  9  completed a 1-day course of continuing education during each

10  of the preceding 2 years. Before renewing a consultant's

11  license, the department shall require proof that the licensee

12  has completed a 2-day course of continuing education during

13  each of the preceding 2 years.

14         (7)  Licensure as an asbestos consultant or contractor

15  is not required for the repair, removal, or disposal of

16  asbestos-containing pipe or conduit, if:

17         (a)  The pipe or conduit is used for electrical,

18  electronic, communications, sewer, or water service;

19         (b)  The pipe or conduit is not located in a building;

20         (c)  The pipe or conduit is made of Category I or

21  Category II nonfriable material as defined in NESHAP; and

22         (d)  All such activities are performed according to all

23  applicable regulations, including work practices and training,

24  of the United States Occupational Safety and Health

25  Administration under 29 C.F.R. part 1926.

26         Section 14.  Section 469.005, Florida Statutes, is

27  amended to read:

28         469.005  License requirements.--All applicants for

29  licensure as either asbestos consultants or asbestos

30  contractors shall:

31         (1)  Pay the initial licensing fee.

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  1         (2)  When applying for licensure as an asbestos

  2  consultant, successfully complete the following

  3  department-approved courses, as approved by the department:

  4         (a)  An asbestos contractor/supervisor abatement

  5  project management and supervision course. Such course shall

  6  consist of not less than 5 4 days of instruction and shall

  7  cover the nature of the health risks, the medical effects of

  8  exposure, federal and state asbestos laws and regulations,

  9  legal and insurance considerations, contract specifications,

10  sampling and analytical methodology, worker protection, and

11  work area protection.

12         (b)  A course in building asbestos surveys and

13  mechanical systems course. Such course shall consist of not

14  less than 3 days of instruction.

15         (c)  An A course in asbestos management planning

16  course. Such course shall consist of not less than 2 days of

17  instruction.

18         (d)  A course in respiratory protection course. Such

19  course shall consist of not less than 3 days of instruction.

20         (e)  A project designer course. Such course shall

21  consist of not less than 3 days of instruction.

22         (3)  When applying for licensure as as asbestos

23  contractor, successfully complete the following

24  department-approved courses:

25         (a)  An asbestos contractor/supervisor course. Such

26  course shall consist of not less than 5 days of instruction.

27         (b)  A respiratory protection course. Such course shall

28  consist of not less than 3 days of instruction.

29         (4)(3)  Provide evidence of satisfactory work on 10

30  asbestos projects within the last 5 years.

31         (5)(4)  Provide evidence of financial stability.

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  1         (6)(5)  Pass a department-approved examination of

  2  qualifications and knowledge relating to asbestos.

  3         Section 15.  Subsection (2) and paragraph (a) of

  4  subsection (5) of section 469.006, Florida Statutes, are

  5  amended to read:

  6         469.006  Licensure of business organizations;

  7  qualifying agents.--

  8         (2)(a)  If the applicant proposes to engage in

  9  consulting or contracting as a partnership, corporation,

10  business trust, or other legal entity, or in any name other

11  than the applicant's legal name, the legal entity must apply

12  for licensure through a qualifying agent or the individual

13  applicant must apply for licensure under the fictitious name.

14         (b)(a)  The application must state the name of the

15  partnership and of each of its partners, the name of the

16  corporation and of each of its officers and directors and the

17  name of each of its stockholders who is also an officer or

18  director, the name of the business trust and of each of its

19  trustees, or the name of such other legal entity and of each

20  of its members.

21         1.  The application for primary qualifying agent must

22  include an affidavit on a form provided by the department

23  attesting that the applicant's signature is required on all

24  checks, drafts, or payments, regardless of the form of

25  payment, made by the entity, and that the applicant has final

26  approval authority for all construction work performed by the

27  entity.

28         2.  The application for financially responsible officer

29  must include an affidavit on a form provided by the department

30  attesting that the applicant's signature is required on all

31  checks, drafts, or payments, regardless of the form of

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  1  payment, made by the entity, and that the applicant has

  2  authority to act for the business organization in all

  3  financial matters.

  4         3.  The application for secondary qualifying agent must

  5  include an affidavit on a form provided by the department

  6  attesting that the applicant has authority to supervise all

  7  construction work performed by the entity as provided in s.

  8  489.1195(2).

  9         (c)  As a prerequisite to the issuance of a license

10  under this section, the applicant shall submit the following:

11         1.  An affidavit on a form provided by the department

12  attesting that the applicant has obtained workers'

13  compensation insurance as required by chapter 440, public

14  liability insurance, and property damage insurance, in amounts

15  determined by department rule. The department shall establish

16  by rule a procedure to verify the accuracy of such affidavits

17  based upon a random sample method.

18         2.  Evidence of financial responsibility. The

19  department shall adopts rules to determine financial

20  responsibility which shall specify grounds on which the

21  department may deny licensure. Such criteria shall include,

22  but not be limited to, credit history and limits of

23  bondability and credit.

24         (d)(b)  A joint venture, including a joint venture

25  composed of qualified business organizations, is itself a

26  separate and distinct organization that must be qualified in

27  accordance with department rules.

28         (e)(c)  The license, when issued upon application of a

29  business organization, must be in the name of the business

30  organization, and the name of the qualifying agent must be

31  noted thereon. If there is a change in any information that is

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  1  required to be stated on the application, the business

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

  3  mail the correct information to the department.

  4         (f)(d)  The applicant must furnish evidence of

  5  statutory compliance if a fictitious name is used, the

  6  provisions of s. 865.09(7) notwithstanding.

  7         (5)(a)  Each asbestos consultant or contractor shall

  8  affix the consultant's or contractor's signature seal, if any,

  9  and license number to each construction document, plan, or any

10  other document prepared or approved for use by the licensee

11  which is related to any asbestos abatement project and filed

12  for public record with any governmental agency, and to any

13  offer, bid, or contract submitted to a client.

14         Section 16.  Subsection (1) of section 469.013, Florida

15  Statutes, is amended to read:

16         469.013  Course requirements for asbestos surveyors,

17  management planners, and project monitors.--

18         (1)  All asbestos surveyors, management planners, and

19  project monitors must comply with the requirements set forth

20  in this section prior to commencing such activities and must

21  also complete the a 1-day course of continuing education

22  necessary to maintain certification each year thereafter.

23         (a)  Management planners must complete all requirements

24  of s. 469.005(2)(c) and (e).

25         (b)  Asbestos surveyors must complete all requirements

26  of s. 469.005(2)(b).

27         (c)  Project monitors must complete all requirements of

28  s. 469.005(2)(a) and must also complete an asbestos sampling

29  course which is equivalent to NIOSH Course 582.

30         Section 17.  Section 469.014, Florida Statutes, is

31  amended to read:

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  1         469.014  Approval of asbestos training courses and

  2  providers.--

  3         (1)  The department shall approve training courses and

  4  the providers of such courses as are required under this

  5  chapter. The department must also approve training courses and

  6  the providers of such courses who offer training for persons

  7  who are exempt from licensure as an asbestos contractor or

  8  asbestos consultant under s. 469.002(3) 469.004(4).

  9         (2)(1)  The department shall, by rule, prescribe

10  criteria for approving training courses and course providers

11  and may by rule modify the training required by this chapter.

12         (3)(2)  The department may enter into agreements with

13  other states for the reciprocal approval of training courses

14  or training-course providers.

15         (4)(3)  The department shall, by rule, establish

16  reasonable fees in an amount not to exceed the cost of

17  evaluation, approval, and recordmaking and recordkeeping of

18  training courses and training-course providers.

19         (5)(4)  The department may impose against a

20  training-course provider any penalty that it may impose

21  against a licensee under this chapter or s. 455.227, may

22  decline to approve courses, and may withdraw approval of

23  courses proposed by a provider who has, or whose agent has,

24  been convicted of, or pled guilty or nolo contendere to, or

25  entered into a stipulation or consent agreement relating to,

26  without regard to adjudication, any crime or administrative

27  violation in any jurisdiction which involves fraud, deceit, or

28  false or fraudulent representations made in the course of

29  seeking approval of or providing training courses.

30         Section 18.  Section 469.015, Florida Statutes, is

31  repealed.

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  1         Section 19.  Subsection (1) of section 255.551, Florida

  2  Statutes, is amended to read:

  3         255.551  Definitions; ss. 255.551-255.565.--As used in

  4  ss. 255.551-255.565:

  5         (1)  "Abatement" means the removal, encapsulation, or

  6  enclosure of asbestos, but does not include the removal of

  7  bituminous resinous roofing systems or the removal of

  8  resilient floor covering and its adhesive in accordance with

  9  the licensing exemption in s. 469.002(3) 469.004(4).

10         Section 20.  Section 376.60, Florida Statutes, is

11  amended to read:

12         376.60  Asbestos removal program inspection and

13  notification fee.--The Department of Environmental Protection

14  shall charge an inspection and notification fee, not to exceed

15  $300 for a small business as defined in s. 288.703(1), or

16  $1,000 for any other project, for any asbestos removal

17  project. Schools, colleges, universities, residential

18  dwellings, and those persons otherwise exempted from licensure

19  under s. 469.002(4) 469.004(7) are exempt from the fees. Any

20  fee collected must be deposited in the asbestos program

21  account in the Air Pollution Control Trust Fund to be used by

22  the department to administer its asbestos removal program.

23         (1)  In those counties with approved local air

24  pollution control programs, the department shall return 80

25  percent of the asbestos removal program inspection and

26  notification fees collected in that county to the local

27  government quarterly, if the county requests it.

28         (2)  The fees returned to a county under subsection (1)

29  must be used only for asbestos-related program activities.

30

31

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  1         (3)  A county may not levy any additional fees for

  2  asbestos removal activity while it receives fees under

  3  subsection (1).

  4         (4)  If a county has requested reimbursement under

  5  subsection (1), the department shall reimburse the approved

  6  local air pollution control program with 80 percent of the

  7  fees collected in the county retroactive to July 1, 1994, for

  8  asbestos-related program activities.

  9         (5)  If an approved local air pollution control program

10  that is providing asbestos notification and inspection

11  services according to 40 C.F.R. part 61, subpart M, and is

12  collecting fees sufficient to support the requirements of 40

13  C.F.R. part 61, subpart M, opts not to receive the

14  state-generated asbestos notification fees, the state may

15  discontinue collection of the state asbestos notification fees

16  in that county.

17         Section 21.  Subsections (17) and (18) are added to

18  section 489.103, Florida Statutes, to read:

19         489.103  Exemptions.--This part does not apply to:

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

21  prefabricated portable sheds that are not more than 250 square

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

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

24  construed to interfere with local building codes, local

25  licensure requirements, or other local ordinance provisions.

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

27  residence constructed by Habitat for Humanity International,

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

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

30         (a)  Obtain all necessary building permits; and

31         (b)  Obtain all required building inspections.

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  1         Section 22.  Paragraphs (a), (d), (f), (g), (h), (i),

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

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

  4  section, to read:

  5         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

12  building or structure, including related improvements to real

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

14  scope is substantially similar to the job scope described in

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

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

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

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

19  in height, other than buildings or residences over three

20  stories tall; and buildings or residences over three stories

21  tall. Contractors are subdivided into two divisions, Division

22  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

29  licensure under this part, except as otherwise expressly

30  provided in s. 489.113 this part.

31

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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 23.  Subsections (4) and (6) of section

26  489.107, 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 24.  Subsection (10) of section 489.113,

24  Florida 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 25.  Section 489.1135, Florida Statutes, is

  2  repealed.

  3         Section 26.  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 27.  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 28.  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.

31

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  1         Section 29.  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 30.  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 31.  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;

31

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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 32.  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 33.  Section 489.143, Florida Statutes, is

29  amended to read:

30         489.143  Payment from the fund.--

31

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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 34.  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

31

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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 35.  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 new subsections (27) and (28) are added to

22  that 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         (28)  "Fire alarm system agent" means a person:

16         (a)  Who is employed by a licensed fire alarm

17  contractor or certified unlimited electrical contractor;

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

19  an activity that constitutes fire alarm system contracting

20  requiring certification under this part; and

21         (c)  Whose specific duties include any of the

22  following:  altering, installing, maintaining, moving,

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

24  a fire alarm system for compensation.

25         Section 36.  Subsection (5) of section 489.507, Florida

26  Statutes, is amended to read:

27         489.507  Electrical Contractors' Licensing Board.--

28         (5)  The Electrical Contractors' Licensing Board and

29  the Construction Industry Licensing Board shall each appoint a

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

31  year.

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  1         Section 37.  Section 489.509, Florida Statutes, is

  2  amended to read:

  3         489.509  Fees.--

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

  5  paid for applications, examination, reexamination, transfers,

  6  licensing and renewal, reinstatement, and recordmaking and

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

  8  covers the cost of obtaining and administering the examination

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

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

11  The fee for initial application and examination for

12  certification of electrical contractors may not exceed $400.

13  The initial application fee for registration may not exceed

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

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

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

17  application and examination for certification of alarm system

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

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

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

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

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

23  to renew an active or inactive certificate or registration

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

25  certificate or registration becoming delinquent. The fee to

26  transfer a certificate or registration from one business

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

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

29  board shall establish fees that are adequate to ensure the

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

31  department estimates of the revenue required to implement this

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

  2  of electrical contractors and alarm system contractors.

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

  4  certificate from the board may go on inactive status during

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

  6  retain the certificate or registration on an inactive basis,

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

  8  exceed $50 per renewal period.

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

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

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

12  Department of Education to fund projects relating to the

13  building construction industry or continuing education

14  programs offered to persons engaged in the building

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

16  the funds are transferred, advise the Department of Education

17  on the most needed areas of research or continuing education

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

19  the most common types of consumer complaints or on problems

20  costing the state or local governmental entities substantial

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

22  Education. The Department of Education must allocate 50

23  percent of the funds to a graduate program in building

24  construction in a Florida university and 50 percent of the

25  funds to all accredited private and state universities and

26  community colleges within the state offering approved courses

27  in building construction, with each university or college

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

29  of full-time building construction students enrolled at the

30  institution. The Department of Education shall ensure the

31  distribution of research reports and the availability of

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  1  continuing education programs to all segments of the building

  2  construction industry to which they relate. The Department of

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

  4  summarizing the allocation of the funds by institution and

  5  summarizing the new projects funded and the status of

  6  previously funded projects. The Commissioner of Education is

  7  directed to appoint one electrical contractor and one

  8  certified alarm system contractor to the Building Construction

  9  Industry Advisory Committee.

10         Section 38.  Paragraph (a) of subsection (2),

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

12  489.511, Florida Statutes, are amended to read:

13         489.511  Certification; application; examinations;

14  endorsement.--

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

16  certification examination for the purpose of determining

17  whether he or she is qualified to engage in contracting

18  throughout the state as a contractor if the person:

19         1.  Is at least 18 years of age;

20         2.  Is of good moral character; and

21         3.  Meets eligibility requirements according to one of

22  the following criteria:

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

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

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

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

27  experience may be educational equivalent;

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

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

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

31  or she is making application;

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

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

  3  training, technical education, or supervisory broad experience

  4  associated with an electrical or alarm system contracting

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

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

  7  governmental entity installation or servicing endeavor; or

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

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

10  professional an engineer who is qualified by education,

11  training, or experience to practice electrical engineering; or

12         e.  Has any combination of qualifications under

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

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

15  is qualified shall be allowed to take the examination three

16  times, notwithstanding the number of times the applicant has

17  previously failed the examination. If an applicant fails the

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

19  require the applicant to complete additional college-level or

20  technical education courses in the areas of deficiency, as

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

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

23  application that meets all certification requirements at the

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

25  registered unlimited electrical contractor or certified or

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

27  passed an examination determined by the board to be

28  substantially equivalent to the examination required for

29  certification as either an unlimited electrical contractor or

30  an alarm system contractor and who has satisfied the other

31

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  1  requirements of this section shall be certified as an alarm

  2  system contractor I without further examination.

  3         (5)

  4         (b)  For those specialty electrical or alarm system

  5  contractors applying for certification under this part who

  6  work in jurisdictions that do not require local licensure for

  7  those activities for which the applicant desires to be

  8  certified, the experience requirement may be met by

  9  demonstrating at least 6 years of comprehensive training,

10  technical education, or supervisory broad experience, within

11  the 12 years immediately preceding the filing of the

12  application, in the type of specialty electrical or alarm

13  system work for which certification is desired. An affidavit

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

15  performed the work required under this paragraph shall be

16  sufficient to demonstrate to the board that the applicant has

17  met the experience requirement.

18         Section 39.  Subsection (3) of section 489.513, Florida

19  Statutes, is amended to read:

20         489.513  Registration; application; requirements.--

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

22  the applicant shall file evidence of holding a current

23  occupational license or a current license issued by any

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

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

26  department, together with evidence of successful compliance

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

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

29  the registration fee fixed pursuant to this part. No

30  examination may be required for registration as an electrical

31

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  1  contractor except for any examination required by a local

  2  government to obtain the local licensure.

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

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

  5  residential alarm system contractor, the applicant shall file

  6  evidence of holding a current occupational license or a

  7  current license issued by any municipality or county of the

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

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

10  required by that municipality or county, together with

11  evidence of having passed an appropriate local examination,

12  written or oral, designed to test skills and knowledge

13  relevant to the technical performance of the profession,

14  accompanied by the registration fee fixed pursuant to this

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

16  jurisdiction which does not issue a local license as an

17  electrical or alarm system contractor or does not require an

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

19  be considered qualified to be issued a registration in the

20  appropriate electrical or alarm system category, provided that

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

22  on an examination which is substantially equivalent to the

23  examination approved by the board for certification in the

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

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

26  pass an examination in order to obtain a registration shall

27  not apply to persons making application prior to the effective

28  date of this act.

29         Section 40.  Subsections (4) and (5) are added to

30  section 489.517, Florida Statutes, to read:

31

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  1         489.517  Renewal of certificate or registration;

  2  continuing education.--

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

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

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

  6  the certificateholder or registrant may apply those course

  7  hours for workers' compensation, workplace safety, and

  8  business practices obtained under part I to the requirements

  9  under this part.

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

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

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

13  1 hour on business practices.

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

15  registrant certifies that he or she has continually maintained

16  the required amounts of public liability and property damage

17  insurance as specified by board rule. The board shall

18  establish by rule a procedure to verify the public liability

19  and property damage insurance for a specified period, based

20  upon a random sampling method.

21         Section 41.  Section 489.519, Florida Statutes, is

22  amended to read:

23         489.519  Inactive status.--

24         (1)  A certificate or registration that has become

25  inactive may be reactivated under s. 489.517 upon application

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

27  continuing education requirements as a condition of

28  reactivating a certificate or registration. The continuing

29  education requirements for reactivating a certificate or

30  registration may not exceed 12 classroom hours for each year

31  the certificate or registration was inactive.

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

  2  contrary, a certificateholder or registrant may apply to the

  3  department for voluntary inactive status at any time during

  4  the period of certification or registration.

  5         (3)(2)  The board shall impose, by rule, continuing

  6  education requirements for voluntary inactive

  7  certificateholders, when voluntary inactive status is sought

  8  by certificateholders who are also building code

  9  administrators, plans examiners, or inspectors certified

10  pursuant to part XIII of chapter 468.

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

12  certification examination must submit an application either to

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

14  inactive status.

15         Section 42.  Section 489.521, Florida Statutes, is

16  amended to read:

17         489.521  Business organizations; qualifying agents.--

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

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

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

21  name is used, the applicant shall furnish evidence of

22  statutory compliance.

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

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

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

26  application shall state the name of the partnership and its

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

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

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

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

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

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  1  statutory compliance if a fictitious name is used. Such

  2  application shall also show that the qualifying agent is

  3  legally qualified to act for the business organization in all

  4  matters connected with its electrical or alarm system

  5  contracting business and that he or she has authority to

  6  supervise electrical or alarm system contracting undertaken by

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

  8  venture composed of qualified business organizations, is

  9  itself a separate and distinct organization that shall be

10  qualified in accordance with board rules. The registration or

11  certification, when issued upon application of a business

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

13  and the name of the business organization shall be noted

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

15  required to be stated on the application, the business

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

17  mail the correct information to the department.

18         2.  Any person certified or registered pursuant to this

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

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

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

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

23  for certification or registration under this part for a period

24  of 5 years.

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

26  proposed qualifying agent is legally qualified to act for the

27  business organization in all matters connected with its

28  electrical or alarm system contracting business and concerning

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

30  supervise electrical or alarm system contracting work

31  undertaken by the business organization.

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  1         (c)  The proposed qualifying agent shall demonstrate

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

  3  experience to qualify the business organization in the

  4  following manner:

  5         1.  Having met the qualifications provided in s.

  6  489.511 and been issued a certificate of competency pursuant

  7  to the provisions of s. 489.511; or

  8         2.  Having demonstrated that he or she possesses the

  9  required experience and education requirements provided in s.

10  489.511 which would qualify him or her as eligible to take the

11  certification examination.

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

13  furnish evidence of financial responsibility, credit, and

14  business reputation of the business organization, as well as

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

16  defining financial responsibility based upon the business

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

18  history of bankruptcy or assignment of receivers. Such rules

19  shall specify the financial responsibility grounds on which

20  the board may determine that a business organization is not

21  qualified to engage in contracting.

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

23  certification examination, the board shall, within 60 days

24  from the date of the examination, inform the business

25  organization in writing whether or not its qualifying agent

26  has qualified.

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

28  applying to engage in contracting, after having been notified

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

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

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

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  1  department. A new application to engage in contracting shall

  2  be accompanied by another application fee fixed pursuant to

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

  4  good cause.

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

  6  organization's proposed qualifying agent has qualified, the

  7  business organization shall be authorized to engage in the

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

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

10  business organization shall be noted thereon.

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

12  renewal of a certificate, the applicant certificateholder or

13  the business organization he or she qualifies shall submit

14  evidence an affidavit on a form provided by the board

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

16  organization has obtained public liability and property damage

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

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

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

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

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

22  initial issuance of a certificate, the applicant shall furnish

23  evidence of financial responsibility, credit, and business

24  reputation of either himself or herself or the business

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

26  adopt rules defining financial responsibility based upon the

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

28  bankruptcy or assignment of receivers. Such rules shall

29  specify the financial responsibility grounds on which the

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

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

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  1  certificateholder or business organization is notified that he

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

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

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

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

  6  department that the certificateholder or the business

  7  organization is competent and qualified to engage in

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

  9  apply to inactive certificates.

10         (5)  At least one officer member or supervising

11  employee of the business organization must be qualified under

12  this act in order for the business organization to be

13  qualified to engage in contracting in the category of the

14  business conducted for which the member or supervising

15  employee is qualified. If any individual so qualified on

16  behalf of the business organization ceases to qualify be

17  affiliated with the business organization, he or she shall

18  notify the board and the department thereof within 30 days

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

20  only qualified individual who qualifies affiliated with the

21  business organization, the business organization shall notify

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

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

24  the individual individual's affiliation with the business

25  organization in which to qualify another person under the

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

27  determine that the business organization is no longer

28  qualified to engage in contracting. The individual shall also

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

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

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

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  1  business organization, shall supply the same information to

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

  3  investigation of the financial responsibility, credit, and

  4  business reputation of the individual or the new business

  5  organization and upon a favorable determination, the board

  6  shall certify the business organization as qualified, and the

  7  department shall issue, without examination, a new certificate

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

  9  new business organization, as provided in this section.

10         (6)  When a business organization qualified to engage

11  in contracting makes application for an occupational license

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

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

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

15  issued to the business organization upon payment of the

16  appropriate licensing fee and exhibition to the tax collector

17  of a valid certificate issued by the department.

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

19  affix the number of his or her registration or certification

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

21  permit issued and recorded.  Each city or county building

22  department shall require, as a precondition for the issuance

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

24  permit provide verification giving the number of his or her

25  registration or certification under this part.

26         (b)  The registration or certification number of a

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

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

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

30  "advertisement" does not include business stationery or any

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

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

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

  3  to include that contractor's certification or registration

  4  number when submitting an advertisement for publication,

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

  6  any advertisement to be a certified or registered contractor,

  7  but who does not hold a valid state certification or

  8  registration, commits a misdemeanor of the second degree,

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

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

11  amount equal to the original fee for certification or

12  registration to qualify any additional business organizations.

13  If the qualifying agent for a business organization desires to

14  qualify additional business organizations, the board shall

15  require him or her to present evidence of supervisory ability

16  and financial responsibility of each such organization.

17  Allowing a licensee to qualify more than one business

18  organization shall be conditioned upon the licensee showing

19  that the licensee has both the capacity and intent to

20  adequately supervise each business organization in accordance

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

22  business organizations which the licensee may qualify except

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

24  required under this subsection or upon a finding that such

25  information or evidence as is supplied is incomplete or

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

27  comply with the requirements of this subsection. A

28  qualification for an additional business organization may be

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

30  licensee has failed in the licensee's responsibility to

31  adequately supervise the operations of that business

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

  2  responsibility to adequately supervise the operations of a

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

  4  be grounds for denial to qualify additional business

  5  organizations. The issuance of such certification or

  6  registration is discretionary with the board.

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

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

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

10  deny issuance of a certificate or registration to a qualifying

11  agent on behalf of that business organization.

12         Section 43.  Section 489.525, Florida Statutes, is

13  amended to read:

14         489.525  Reports of certified contractors to local

15  building officials.--

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

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

18  of all certificateholders and the status of the certificates.

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

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

21  all county tax collectors, local boards, and building

22  officials, containing:

23         (a)  the contents of this part; and

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

25  contents of the rules of the department which affect local

26  government as determined by the department. Any information

27  that is available through the Internet or other electronic

28  means may be excluded from the report.

29         Section 44.  Subsections (1) and (2) of section

30  489.533, Florida Statutes, are amended to read:

31         489.533  Disciplinary proceedings.--

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  1         (1)  The following acts shall constitute grounds for

  2  disciplinary actions as provided in subsection (2):

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

  4  s. 489.531 or chapter 455.

  5         (b)  Attempting to procure a certificate or

  6  registration to practice electrical or alarm system

  7  contracting by bribery or fraudulent or willful

  8  misrepresentations.

  9         (c)  Having a certificate or registration to practice

10  contracting revoked, suspended, or otherwise acted against,

11  including the denial of licensure, by the licensing authority

12  of another state, territory, or country.

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

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

15  crime in any jurisdiction which directly relates to the

16  practice of electrical or alarm system contracting or the

17  ability to practice electrical or alarm system contracting.

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

19  certificateholder or registrant knows to be false, willfully

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

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

22  inducing another person to impede or obstruct such filing.

23  Such reports or records shall include only those which are

24  signed in the capacity of a certified electrical or alarm

25  system contractor.

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

27  incompetency, or misconduct in the practice of electrical or

28  alarm system contracting.

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

30  Fire Marshal.

31

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

  2  delinquent certificate or registration.

  3         (i)  Willfully or deliberately disregarding and

  4  violating the applicable building codes or laws of the state

  5  or any municipality or county thereof.

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

  7  entity in engaging in the prohibited uncertified and

  8  unregistered practice of contracting, if the certificateholder

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

10  person or entity was uncertified and unregistered.

11         (k)  Knowingly combining or conspiring with any person

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

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

14  a certificateholder allows his or her certificate to be used

15  by one or more companies without having any active

16  participation in the operations or management of said

17  companies, such act constitutes prima facie evidence of an

18  intent to evade the provisions of this part.

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

20  certificate or registration issued hereunder except in the

21  name of the certificateholder or registrant as set forth on

22  the issued certificate or registration or in accordance with

23  the personnel of the certificateholder or registrant as set

24  forth in the application for the certificate or registration

25  or as later changed as provided in this part.

26         (m)  Committing financial mismanagement or misconduct

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

28  customer.  Financial mismanagement or misconduct occurs if:

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

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

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

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

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

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

  4  date of the lien;

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

  6  percentage of completion is less than the percentage of the

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

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

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

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

11  abandonment; or

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

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

14  job than the original contract price, as adjusted for

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

16  result of circumstances beyond the control of the contractor,

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

18  otherwise permitted by the terms of the contract between the

19  contractor and the customer; or

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

21  comply with a repayment schedule of a judgment obtained

22  against the contractor or a business qualified by the

23  contractor and relating to the practice of contracting.

24         (n)  Being disciplined by any municipality or county

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

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

27  provisions of this part and the rules adopted pursuant

28  thereto.

29         (p)  Abandoning a project which the contractor is

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

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

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  1  contractor terminates the project without just cause or

  2  without proper notification to the prospective owner,

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

  4  without just cause for 90 consecutive days.

  5         (q)  Failing to affix a registration or certification

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

  7         (r)  Proceeding on any job without obtaining applicable

  8  local building department permits and inspections.

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

10  registration.

11

12  For the purposes of this subsection, construction is

13  considered to be commenced when the contract is executed and

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

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

16  business organization for which the contractor is a primary

17  qualifying agent or secondary qualifying agent responsible

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

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

20  the following penalties:

21         (a)  Denial of an application for certification or

22  registration.

23         (b)  Revocation or suspension of a certificate or

24  registration.

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

26  $5,000 for each count or separate offense.

27         (d)  Issuance of a reprimand.

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

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

30  specify, including requiring the contractor to attend

31

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  1  continuing education courses or to work under the supervision

  2  of another contractor.

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

  4  the contractor.

  5         (g)  Require financial restitution to a consumer.

  6         Section 45.  For the purpose of incorporating the

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

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

  9  is reenacted to read:

10         489.518  Alarm system agents.--

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

12  this section shall be a disciplinable offense against the

13  contractor pursuant to s. 489.533.

14         Section 46.  Paragraph (b) of subsection (2) of section

15  489.537, Florida Statutes, is amended, and subsection (9) is

16  added to that section, to read:

17         489.537  Application of this part.--

18         (2)

19         (b)  A registered electrical contractor may bid on

20  electrical contracts which include alarm systems contracting

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

22  subcontract such alarm systems contracting, except raceway

23  systems, to a properly certified or registered alarm system

24  contractor. Registered electrical contractors may install

25  raceways for alarm systems. However, if the registered

26  electrical contractor is properly certified or registered as

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

28  subcontract out the alarm system contracting.

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

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

31

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  1         Section 47.  Section 489.539, Florida Statutes, is

  2  amended to read:

  3         489.539  Adoption of electrical and alarm

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

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

  6  following standards are adopted:

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

  8  70-1990.

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

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

11  57 57-1982, and UL 153 153-1983.

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

13  Electric Signs," UL 48 48-1982.

14         (4)  The provisions of the following which prescribe

15  minimum electrical and alarm standards:

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

17  1978."

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

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

20  Health-related Institutions 1980."

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

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

23  Systems 1983."

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

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

26  Systems for Health Care Facilities 1984."

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

28  Health and Rehabilitative Services, entitled "Nursing Homes

29  and Related Facilities Licensure."

30         (6)  The minimum standards for grounding of portable

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

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  1  Industrial Standards Section of the Division of Workers'

  2  Compensation of the Department of Labor and Employment

  3  Security.

  4         Section 48.  Section 553.19, Florida Statutes, is

  5  amended to read:

  6         553.19  Adoption of electrical and alarm

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

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

  9  following standards are adopted:

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

11  70-1990.

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

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

14  57 57-1982 and UL 153 153-1983.

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

16  Electric Signs," UL 48 48-1982.

17         (4)  The provisions of the following which prescribe

18  minimum electrical and alarm standards:

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

20  1978."

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

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

23  Health-related Institutions 1980."

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

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

26  Systems 1983."

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

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

29  Systems for Health Care Facilities 1984."

30

31

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

  2  Department of Health and Rehabilitative Services, entitled

  3  "Nursing Homes and Related Facilities Licensure."

  4         (6)  The minimum standards for grounding of portable

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

  6  Industrial Standards Section, Division of Workers'

  7  Compensation, Department of Labor and Employment Security.

  8         Section 49.  Section 489.5185, Florida Statutes, is

  9  created to read:

10         489.5185  Fire alarm system agents.--

11         (1)  A certified unlimited electrical contractor or

12  licensed fire alarm contractor may not employ a person to

13  perform the duties of a fire alarm system agent unless the

14  person:

15         (a)  Is at least 18 years of age or has evidence of a

16  court-approved declaration of emancipation.

17         (b)  Has successfully completed a minimum of 18 hours

18  of initial training, to include basic fire alarm system

19  technology in addition to related training in National Fire

20  Protection Association (NFPA) codes and standards and access

21  control training. Such training must be from a board-approved

22  provider, and the employee or applicant for employment must

23  provide proof of successful completion to the licensed

24  employer. The board, by rule, shall establish criteria for the

25  approval of training courses and providers. The board shall

26  approve qualified providers that conduct training in other

27  than the English language. The board shall establish a fee for

28  the approval of training providers, not to exceed $200, and a

29  fee for the approval of courses at $25 per credit hour, not to

30  exceed $100 per course.

31

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  1         (c)  Has not been convicted within the last 3 years of

  2  a crime that directly relates to the business for which

  3  employment is being sought. Although the employee is barred

  4  from operating as a fire alarm system agent for 3 years

  5  subsequent to his or her conviction, the employer shall be

  6  supplied the information regarding any convictions occurring

  7  prior to that time, and the employer may at his or her

  8  discretion consider an earlier conviction to be a bar to

  9  employment as a fire alarm system agent. To ensure that this

10  requirement has been met, a certified unlimited electrical

11  contractor or licensed fire alarm contractor must obtain from

12  the Florida Department of Law Enforcement a completed

13  fingerprint and criminal background check for each applicant

14  for employment as a fire alarm system agent or for each

15  individual currently employed on the effective date of this

16  act as a fire alarm system agent.

17         (d)  Has not been committed for controlled substance

18  abuse or been found guilty of a crime under chapter 893 or any

19  similar law relating to controlled substances in any other

20  state within the 3-year period immediately preceding the date

21  of application for employment, or immediately preceding the

22  effective date of this act for an individual employed as a

23  fire alarm system agent on that date, unless the person

24  establishes that he or she is not currently abusing any

25  controlled substance and has successfully completed a

26  rehabilitation course.

27         (2)(a)  Any applicant for employment as a fire alarm

28  system agent, or any individual employed as a fire alarm

29  system agent on the effective date of this act, who has

30  completed alarm system agent or burglar alarm system agent

31  training prior to the effective date of this act in a

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  1  board-certified program is not required to take additional

  2  training in order to comply with the initial training

  3  requirements of this section.

  4         (b)  A state-certified electrical contractor, a

  5  state-certified fire alarm system contractor, a

  6  state-registered fire alarm system contractor, a journeyman

  7  electrician licensed by any local jurisdiction, or an alarm

  8  technician licensed by a local jurisdiction that requires an

  9  examination and experience or training as licensure

10  qualifications is not required to complete the training

11  required for fire alarm system agents. A state-registered

12  electrical contractor is not required to complete the training

13  required for fire alarm system agents, so long as he or she is

14  only doing electrical work up to the alarm panel.

15         (c)  A nonsupervising employee working as a helper or

16  apprentice under the direct, onsite, continuous supervision of

17  a state-certified electrical contractor, a state-registered

18  electrical contractor, a state-certified fire alarm system

19  contractor, a state-registered fire alarm system contractor, a

20  journeyman electrician licensed by any local jurisdiction, an

21  alarm technician licensed by a local jurisdiction that

22  requires an examination and experience or training as

23  licensure qualifications, or a qualified fire alarm system

24  agent is not required to complete the training otherwise

25  required and is not required to be 18 years of age or older.

26         (d)  A burglar alarm system agent employed by a

27  licensed fire alarm contractor or certified unlimited

28  electrical contractor who has fulfilled all requirements of s.

29  489.518 prior to the effective date of this act is not

30  required to complete the initial training required by this

31  section for fire alarm system agents.

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  1         (3)  An applicant for employment as a fire alarm system

  2  agent may commence employment, or an individual employed as a

  3  fire alarm system agent on the effective date of this act may

  4  continue employment, pending completion of both the training

  5  and the fingerprint and criminal background checks required by

  6  this section, for a period not to exceed 90 days after the

  7  date of application for employment or 90 days after the

  8  effective date of this act for individuals employed as fire

  9  alarm system agents on that date. However, the person must

10  work under the direction and control of a sponsoring certified

11  unlimited electrical contractor or licensed fire alarm

12  contractor until completion of both the training and the

13  fingerprint and criminal background checks. If an applicant or

14  an individual employed on the effective date of this act does

15  not complete the training or receive satisfactory fingerprint

16  and criminal background checks within the 90-day period, the

17  employment must be terminated immediately.

18         (4)(a)  A certified unlimited electrical contractor or

19  licensed fire alarm contractor must furnish each of his or her

20  fire alarm system agents with an identification card.

21         (b)  The card shall follow a board-approved format, to

22  include a picture of the agent; shall specify at least the

23  name of the holder of the card and the name and license number

24  of the certified unlimited electrical contractor or licensed

25  fire alarm contractor; and shall be signed by both the

26  contractor and the holder of the card. Each identification

27  card shall be valid for a period of 2 years after the date of

28  issuance. The identification card must be in the possession of

29  the fire alarm system agent while engaged in fire alarm system

30  agent duties.

31

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  1         (c)  Each person to whom an identification card has

  2  been issued is responsible for the safekeeping thereof, and

  3  may not loan, or allow any other person to use or display, the

  4  identification card.

  5         (d)  Each identification card must be renewed every 2

  6  years and in a board-approved format to show compliance with

  7  the 6 hours of continuing education necessary to maintain

  8  certification as a fire alarm system agent.

  9         (5)  Each fire alarm system agent must receive 6 hours

10  of continuing education on fire alarm system installation and

11  repair every 2 years from a board-approved sponsor of training

12  and through a board-approved training course.

13         (6)  Failure to comply with any of the provisions of

14  this section shall be grounds for disciplinary action against

15  the contractor pursuant to s. 489.533.

16         Section 50.  Section 501.937, Florida Statutes, is

17  created to read:

18         501.937  Industrial hygienists and safety

19  professionals; use of professional titles; failure to

20  comply.--

21         (1)  Any person representing himself or herself as a

22  "safety professional" or "industrial hygienist" must

23  accurately disclose his or her credentials.

24         (2)  A person may not represent himself or herself as a

25  "certified safety professional," "associate safety

26  professional," "certified occupational health and safety

27  technologist," "industrial hygienist in training," or

28  "certified industrial hygienist" unless he or she holds a

29  current valid certificate in the field of safety or industrial

30  hygiene from either the American Board of Industrial Hygiene

31  or the Board of Certified Safety Professionals, or unless the

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  1  Department of Business and Professional Regulation has, upon

  2  request, examined another certification program and has

  3  formally concluded that the certification standards of that

  4  certification program are substantially equivalent to the

  5  standards for certificates issued by those organizations; nor

  6  may the person mislead or deceive anyone by the unauthorized

  7  use of any certification mark that has been awarded by the

  8  United States Patent and Trademark Office.

  9         (3)(a)  A "safety professional" is a person having a

10  baccalaureate degree in safety, engineering, chemistry,

11  physics, or a closely related physical or biological science

12  who has acquired competency in the field of safety. The

13  studies and training necessary to acquire such competency

14  should have been sufficient in all of the above cognate

15  sciences to provide the abilities to anticipate, identify, and

16  evaluate hazardous conditions and practices; to develop hazard

17  control designs, methods, procedures, and programs; to

18  implement, administer, and advise others on hazard controls

19  and hazard control programs; and to measure, audit, and

20  evaluate the effectiveness of hazard controls and hazard

21  control programs.

22         (b)  An "industrial hygienist" is a person having a

23  baccalaureate degree in engineering, chemistry, physics, or a

24  closely related physical or biological science who has

25  acquired competency in the field of industrial hygiene. The

26  studies and training necessary to acquire such competency

27  should have been sufficient in all of the above cognate

28  sciences to provide the abilities to anticipate and recognize

29  the environmental factors and stresses associated with work

30  and work operations and to understand their effects on people

31  and their well-being; to evaluate, on the basis of training

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  1  and experience and with the aid of quantitative measurement

  2  techniques, the magnitude of these factors and stresses in

  3  terms of ability to impair human health and well-being; and to

  4  prescribe methods to eliminate, control, or reduce such

  5  factors and stresses when necessary to alleviate their

  6  effects.

  7         (4)  Failure to comply with this section constitutes a

  8  deceptive and unfair trade practice.

  9         Section 51.  Present subsections (7) through (25) of

10  section 633.021, Florida Statutes, are redesignated as

11  subsections (8) through (26), respectively, and a new

12  subsection (7) is added to that section, to read:

13         633.021  Definitions.--As used in this chapter:

14         (7)  A "fire extinguisher" is a cylinder that:

15         (a)  Is portable and can be carried or is on wheels.

16         (b)  Is manually operated.

17         (c)  May use a variety of extinguishing agents that are

18  expelled under pressure.

19         (d)  Is rechargeable or nonrechargeable.

20         (e)  Is installed, serviced, repaired, recharged,

21  inspected, and hydrotested according to applicable procedures

22  of the manufacturer, standards of the National Fire Protection

23  Association, and the Code of Federal Regulations.

24         (f)  Is listed by a nationally recognized testing

25  laboratory.

26         Section 52.  Section 633.061, Florida Statutes, is

27  amended to read:

28         633.061  License or permit required of organizations

29  and individuals servicing, recharging, repairing, testing,

30  marking, inspecting, or installing, or hydrotesting fire

31  extinguishers and preengineered systems.--

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  1         (1)  It is unlawful for any organization or individual

  2  to engage in the business of servicing, repairing, recharging,

  3  testing, marking, inspecting, or installing, or hydrotesting

  4  any fire extinguisher or preengineered system in this state

  5  except in conformity with the provisions of this chapter.

  6  Each organization or individual that which engages in such

  7  activity must possess a valid and subsisting license issued by

  8  the State Fire Marshal.  All fire extinguishers and

  9  preengineered systems required by statute or by rule must be

10  serviced by an organization or individual licensed under the

11  provisions of this chapter.  The licensee is legally qualified

12  to act for the business organization in all matters connected

13  with its business, and the licensee must supervise all

14  activities undertaken by such business organization. Each

15  licensee shall maintain a specific business location. A

16  further requirement, in the case of multiple locations where

17  such servicing or recharging is taking place, is that each

18  licensee who maintains more than one place of business where

19  actual work is carried on must possess an additional license,

20  as set forth in this section, for each location, except that a

21  no licensed individual may not qualify for more than five

22  locations.  A licensee is limited to a specific type of work

23  performed depending upon the class of license held. Licenses

24  and license fees are required for the following:

25         (a)  Class A.......................................$150

26  To service, recharge, repair, install, or inspect all types of

27  fire extinguishers, including recharging carbon dioxide units,

28  and to conduct hydrostatic tests on all types of fire

29  extinguishers, including carbon dioxide units.

30         (b)  Class B.......................................$100

31

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  1  To service, recharge, repair, install, or inspect all types of

  2  fire extinguishers, including recharging carbon dioxide units

  3  and conducting hydrostatic tests on all water, water chemical,

  4  and dry chemical types of fire extinguishers, except carbon

  5  dioxide units only.

  6         (c)  Class C.......................................$100

  7  To service, recharge, repair, install, or inspect all types of

  8  fire extinguishers, except recharging carbon dioxide units,

  9  and to conduct hydrostatic tests on all water, water chemical,

10  and dry chemical types of fire extinguishers, except carbon

11  dioxide units only.

12         (d)  Class D.......................................$125

13  To service, repair, recharge, hydrotest, install, or inspect

14  all types of preengineered fire extinguishing systems.

15         (e)  Licenses issued as duplicates or to reflect a

16  change of address..........................................$10

17

18  Any fire equipment dealer licensed pursuant to this subsection

19  who does not want to engage in the business of servicing,

20  inspecting, recharging, repairing, hydrotesting, or installing

21  halon equipment must file an affidavit on a form provided by

22  the division so stating. Licenses will be issued by the

23  division to reflect the work authorized thereunder. It is

24  unlawful, unlicensed activity for any person or firm to

25  falsely hold himself or herself or a business organization out

26  to perform any service, inspection, recharge, repair,

27  hydrotest, or installation except as specifically described in

28  the license.

29         (2)  Each individual actually performing the work of

30  servicing, recharging, repairing, hydrotesting, installing,

31  testing, or inspecting fire extinguishers or preengineered

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  1  systems must possess a valid and subsisting permit issued by

  2  the State Fire Marshal. Permittees are limited as to specific

  3  type of work performed dependent upon the class of permit held

  4  which shall be a class allowing work no more extensive than

  5  the class of license held by the licensee under whom the

  6  permittee is working.  Permits and fees therefor are required

  7  for the following:

  8         (a)  Class 1........................................$50

  9  Servicing, recharging, repairing, installing, or inspecting

10  all types of fire extinguishers, including carbon dioxide

11  units, and conducting hydrostatic tests on all types of fire

12  extinguishers, including carbon dioxide units.

13         (b)  Class 2........................................$50

14  Servicing, recharging, repairing, installing, or inspecting

15  all types of fire extinguishers, including carbon dioxide

16  units, and conducting hydrostatic tests on all water, water

17  chemical, and dry chemical types of fire extinguishers, except

18  carbon dioxide units only.

19         (c)  Class 3........................................$50

20  Servicing, recharging, repairing, installing, or inspecting

21  all types of fire extinguishers, except recharging carbon

22  dioxide units, and conducting hydrostatic tests on all water,

23  water chemical, and dry chemical types of fire extinguishers,

24  except carbon dioxide units only.

25         (d)  Class 4........................................$65

26  Servicing, repairing, hydrotesting, recharging, installing, or

27  inspecting all types of preengineered fire extinguishing

28  systems.

29         (e)  Permits issued as duplicates or to reflect a

30  change of address..........................................$10

31

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  1  Any fire equipment permittee licensed pursuant to this

  2  subsection who does not want to engage in servicing,

  3  inspecting, recharging, repairing, hydrotesting, or installing

  4  halon equipment must file an affidavit on a form provided by

  5  the division so stating. Permits will be issued by the

  6  division to reflect the work authorized thereunder. It is

  7  unlawful, unlicensed activity for any person or firm to

  8  falsely hold himself or herself out to perform any service,

  9  inspection, recharge, repair, hydrotest, or installation

10  except as specifically described in the permit.

11         (3)(a)  Such licenses and permits shall be issued by

12  the State Fire Marshal for each license year beginning January

13  1 and expiring the following December 31.  The failure to

14  renew a license or permit by December 31 will cause the

15  license or permit to become inoperative.  The holder of an

16  inoperative license or permit shall not engage in any

17  activities for which a license or permit is required by this

18  section.  A license or permit which is inoperative because of

19  the failure to renew it shall be restored upon payment of the

20  applicable fee plus a penalty equal to the applicable fee, if

21  the application for renewal is filed no later than the

22  following March 31.  If the application for restoration is not

23  made before the March 31st deadline, the fee for restoration

24  shall be equal to the original application fee and the penalty

25  provided for herein, and, in addition, the State Fire Marshal

26  shall require reexamination of the applicant.  Each licensee

27  or permittee shall successfully complete a course or courses

28  of continuing education for fire equipment technicians within

29  5 years of initial issuance of a license or permit and within

30  every 5-year period thereafter or no such license or permit

31

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  1  shall be renewed. The State Fire Marshal shall adopt rules

  2  describing the continuing education requirements.

  3         (b)  The forms of such licenses and permits and

  4  applications therefor shall be prescribed by the State Fire

  5  Marshal; in addition to such other information and data as

  6  that officer determines is appropriate and required for such

  7  forms, there shall be included in such forms the following

  8  matters. Each such application shall be in such form as to

  9  provide that the data and other information set forth therein

10  shall be sworn to by the applicant or, if a corporation, by an

11  officer thereof.  An application for a permit shall include

12  the name of the licensee employing such permittee, and the

13  permit issued in pursuance of such application shall also set

14  forth the name of such licensee. A permit is valid solely for

15  use by the holder thereof in his or her employment by the

16  licensee named in the permit.

17         (c)  A license of any class shall not be issued or

18  renewed by the State Fire Marshal and a license of any class

19  shall not remain operative unless:

20         1.  The applicant has submitted to the State Fire

21  Marshal evidence of registration as a Florida corporation or

22  evidence of compliance with s. 865.09.

23         2.  The State Fire Marshal or his or her designee has

24  by inspection determined that the applicant possesses the

25  equipment required for the class of license sought.  The State

26  Fire Marshal shall give an applicant a reasonable opportunity

27  to correct any deficiencies discovered by inspection. A fee of

28  $50, payable to the State Fire Marshal, shall be required for

29  any subsequent reinspection.

30         3.  The applicant has submitted to the State Fire

31  Marshal proof of insurance providing coverage for

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  1  comprehensive general liability for bodily injury and property

  2  damage, products liability, completed operations, and

  3  contractual liability.  The State Fire Marshal shall adopt

  4  rules providing for the amounts of such coverage, but such

  5  amounts shall not be less than $300,000 for Class A or Class D

  6  licenses, $200,000 for Class B licenses, and $100,000 for

  7  Class C licenses; and the total coverage for any class of

  8  license held in conjunction with a Class D license shall not

  9  be less than $300,000.  The State Fire Marshal may, at any

10  time after the issuance of a license or its renewal, require

11  upon demand, and in no event more than 30 days after notice of

12  such demand, the licensee to provide proof of insurance, on a

13  form provided by the State Fire Marshal, containing

14  confirmation of insurance coverage as required by this

15  chapter. Failure, for any length of time, to provide proof of

16  insurance coverage as required shall result in the immediate

17  suspension of the license until proof of proper insurance is

18  provided to the State Fire Marshal. An insurer which provides

19  such coverage shall notify the State Fire Marshal of any

20  change in coverage or of any termination, cancellation, or

21  nonrenewal of any coverage.

22         4.  The applicant successfully completes a prescribed

23  training course offered by the State Fire College or an

24  equivalent course approved by the State Fire Marshal.  This

25  subparagraph does not apply to any holder of or applicant for

26  a permit under paragraph (d) or to a business organization or

27  a governmental entity seeking initial licensure or renewal of

28  an existing license solely for the purpose of inspecting,

29  servicing, repairing, marking, recharging, and maintaining

30  fire extinguishers used and located on the premises of and

31  owned by such organization or entity.

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  1         5.  The applicant has a current retestor identification

  2  number that is appropriate for the license for which the

  3  applicant is applying and that is listed with the U.S.

  4  Department of Transportation.

  5         6.5.  The applicant has passed, with a grade of at

  6  least 70 percent, a written examination testing his or her

  7  knowledge of the rules and statutes regulating the activities

  8  authorized by the license and demonstrating his or her

  9  knowledge and ability to perform those tasks in a competent,

10  lawful, and safe manner.  Such examination shall be developed

11  and administered by the State Fire Marshal, or his or her

12  designee.  An applicant shall pay a nonrefundable examination

13  fee of $50 for each examination or reexamination scheduled.

14  No reexamination shall be scheduled sooner than 30 days after

15  any administration of an examination to an applicant.  No

16  applicant shall be permitted to take an examination for any

17  level of license more than a total of four times during 1

18  year, regardless of the number of applications submitted.  As

19  a prerequisite to taking the examination, the applicant:

20         a.  Must be at least 18 years of age.

21         b.  Must have 4 years of proven experience as a fire

22  equipment permittee at a level equal to or greater than the

23  level of license applied for or have a combination of

24  education and experience determined to be equivalent thereto

25  by the State Fire Marshal.  Having held a permit at the

26  appropriate level for the required period constitutes the

27  required experience.

28         c.  Must not have been convicted of, or pled nolo

29  contendere to, any felony. If an applicant has been convicted

30  of any such felony, the applicant must comply with s.

31  112.011(1)(b).

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  1

  2  This subparagraph does not apply to any holder of or applicant

  3  for a permit under paragraph (d) or to a business organization

  4  or a governmental entity seeking initial licensure or renewal

  5  of an existing license solely for the purpose of inspecting,

  6  servicing, repairing, marking, recharging, hydrotesting, and

  7  maintaining fire extinguishers used and located on the

  8  premises of and owned by such organization or entity.

  9         (d)6.  An applicant who fails the examination may take

10  it three more times during the 1-year period after he or she

11  originally filed an application for the examination. If the

12  applicant fails the examination within 1 year after the

13  application date and seeks to retake the examination, he or

14  she must file a new application, pay the application and

15  examination fees, and successfully complete a prescribed

16  training course approved by the State Fire College or an

17  equivalent course approved by the State Fire Marshal.  An

18  applicant may not submit a new application within 6 months

19  after the date of his or her last reexamination.

20         (e)  A fire equipment dealer licensed under this

21  section may apply to upgrade the license currently held, if

22  the licensed dealer:

23         1.  Submits an application for the license on a form in

24  conformance with paragraph (b). The application must be

25  accompanied by a fee as prescribed in subsection (1) for the

26  type of license requested.

27         2.  Provides evidence of 2 years' experience as a

28  licensed dealer and meets such relevant educational

29  requirements as are established by rule by the State Fire

30  Marshal for purposes of upgrading a license.

31         3.  Meets the requirements of paragraph (c).

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  1         (f)(d)  No permit of any class shall be issued or

  2  renewed to a person by the State Fire Marshal, and no permit

  3  of any class shall remain operative, unless the person has:

  4         1.  Submitted a nonrefundable examination fee in the

  5  amount of $50;

  6         2.  Successfully completed a training course offered by

  7  the State Fire College or an equivalent course approved by the

  8  State Fire Marshal; and

  9         3.  Passed, with a grade of at least 70 percent, a

10  written examination testing his or her knowledge of the rules

11  and statutes regulating the activities authorized by the

12  permit and demonstrating his or her knowledge and ability to

13  perform those tasks in a competent, lawful, and safe manner.

14  Such examination shall be developed and administered by the

15  State Fire Marshal.  An examination fee shall be paid for each

16  examination scheduled.  No reexamination shall be scheduled

17  sooner than 30 days after any administration of an examination

18  to an applicant.  No applicant shall be permitted to take an

19  examination for any level of permit more than four times

20  during 1 year, regardless of the number of applications

21  submitted.  As a prerequisite to taking the permit

22  examination, the applicant must be at least 16 years of age.

23         (g)(e)  An applicant who fails the examination may take

24  it three more times during the 1-year period after he or she

25  originally filed an application for the examination.  If the

26  applicant fails the examination within 1 year after the

27  application date and he or she seeks to retake the

28  examination, he or she must file a new application, pay the

29  application and examination fees, and successfully complete a

30  prescribed training course offered by the State Fire College

31  or an equivalent course approved by the State Fire Marshal.

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  1  The applicant may not submit a new application within 6 months

  2  after the date of his or her last reexamination.

  3         (4)(a)  It is unlawful for a fire equipment dealer to

  4  engage in training an individual to perform the work of

  5  installing, testing, recharging, repairing, or inspecting

  6  portable extinguishers or preengineered systems except in

  7  conformity with this section.  Each individual engaging in

  8  such training activity must be registered with the State Fire

  9  Marshal.  The dealer must register the trainee prior to the

10  trainee performing any work. The dealer must submit training

11  criteria to the State Fire Marshal for review and approval.

12         (b)  No trainee shall perform work requiring a permit

13  unless an individual possessing a valid and current fire

14  equipment permit for the type of work performed is physically

15  present.  The trainee's registration shall be valid for a

16  90-day period from the date of issuance and is nontransferable

17  and nonrenewable. The initial training period may be extended

18  for an additional 90 days of training if the applicant has

19  filed an application for permit and enrolled in the 40-hour

20  course at the State Fire College within 60 days after the date

21  of registration as a trainee and either the training course at

22  the State Fire College was unavailable to the applicant within

23  the initial training period, at no fault of the applicant, or

24  the applicant attends and fails the 40-hour training course or

25  the competency examination. At no time will an individual be

26  registered as a trainee for more than two 90-day periods as

27  provided in this paragraph. The trainee must:

28         1.  Be 18 years of age.

29         2.  Possess on his or her person at all times a valid

30  Florida driver's license or a valid state identification card,

31  issued by the Department of Highway Safety and Motor Vehicles.

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  1  A trainee must produce identification to the State Fire

  2  Marshal or his or her designated representative upon demand.

  3         3.  Pay a fee for registration of $10 per trainee for a

  4  90-day period.

  5         (c)  No more than two trainees shall be under the

  6  supervision of a single trainer, who shall be directly

  7  responsible for all work performed by any trainee while under

  8  his or her supervision.  No trainee shall perform any work not

  9  within the scope of the license or permit held by the fire

10  equipment dealer or permittee directly supervising his or her

11  work.

12         (d)  Upon completion of a training period, an

13  individual must comply with the provisions of this section to

14  obtain a permit.

15         (5)  The State Fire Marshal shall adopt rules providing

16  for the approval of the time, place, and curriculum of each

17  training course required by this section.

18         (6)  Every permittee must have a valid and subsisting

19  permit upon his or her person at all times while engaging in

20  the servicing, recharging, repairing, testing, inspecting, or

21  installing of fire extinguishers and preengineered systems,

22  and every licensee or permittee must be able to produce such

23  license or permit upon demand.  In addition, every permittee

24  shall at all times carry an identification card containing his

25  or her photograph and other identifying information as

26  prescribed by the State Fire Marshal or the State Fire

27  Marshal's designee, which shall be produced on demand.  The

28  State Fire Marshal shall supply this card at a fee which shall

29  be related to the cost of producing the card.

30         (7)  The fees collected for any such licenses and

31  permits and the filing fees for license and permit examination

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  1  are hereby appropriated for the use of the State Fire Marshal

  2  in the administration of this chapter and shall be deposited

  3  in the Insurance Commissioner's Regulatory Trust Fund.

  4         (8)  The provisions of this chapter do not apply to

  5  inspections by fire chiefs, fire inspectors, fire marshals, or

  6  insurance company inspectors.

  7         (9)  All fire extinguishers and preengineered systems

  8  that which are required by statute or by rule must be

  9  serviced, recharged, repaired, hydrotested, tested, inspected,

10  and installed in compliance with this chapter and with the

11  rules adopted by the State Fire Marshal.  The State Fire

12  Marshal may adopt by rule the standards of the National Fire

13  Protection Association and of other reputable national

14  organizations.

15         (10)  If the licensee leaves the business organization

16  or dies, the business organization shall immediately notify

17  the State Fire Marshal of the licensee's departure, shall

18  return the license to the State Fire Marshal, and shall have a

19  grace period of 60 days in which to license another person

20  under the provisions of this chapter, failing which the

21  business shall no longer perform those activities for which a

22  license under this section is required.

23         Section 53.  Paragraph (b) of subsection (1) of section

24  633.065, Florida Statutes, is amended to read:

25         633.065  Requirements for installation, inspection, and

26  maintenance of fire suppression equipment.--

27         (1)  The requirements for installation of fire

28  extinguishers and preengineered systems are as follows:

29         (b)  Equipment supplied shall be listed by a nationally

30  recognized testing laboratory, such as Underwriters

31  Laboratories, Inc., or Factory Mutual Laboratories, Inc.

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  1  Equipment supplied for new installations or alterations of

  2  existing systems must be currently listed as described in this

  3  section. The State Fire Marshal shall adopt by rule procedures

  4  for determining whether a laboratory is nationally recognized,

  5  taking into account the laboratory's facilities, procedures,

  6  use of nationally recognized standards, and any other criteria

  7  reasonably calculated to reach an informed determination.

  8         Section 54.  Subsection (1) of section 633.071, Florida

  9  Statutes, is amended to read:

10         633.071  Standard service tag required on all fire

11  extinguishers and preengineered systems; serial number

12  required on all portable fire extinguishers.--

13         (1)  The State Fire Marshal shall adopt by rule

14  specifications as to the size, shape, color, and information

15  and data contained thereon of service tags to be attached to

16  all fire extinguishers and preengineered systems required by

17  statute or by rule, whether they be portable, stationary, or

18  on wheels when they are placed in service, installed,

19  serviced, repaired, tested, recharged, or inspected. Fire

20  extinguishers may be tagged only after meeting all standards

21  as set forth by this chapter, the standards of the National

22  Fire Protection Association, and all manufacturer's

23  specifications requirements. Preengineered systems may be

24  tagged only after a system has been inspected, serviced,

25  installed, repaired, tested, and recharged, and hydrotested in

26  compliance with this chapter, the standards of the National

27  Fire Protection Association, and the manufacturer's

28  specifications, and after a report, as specified by rule, has

29  been completed in detail, indicating any and all deficiencies

30  or deviations from the manufacturer's specifications and the

31  standards requirements of the National Fire Protection

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  1  Association. A copy of the inspection report shall be provided

  2  to the owner at the time of inspection, and, if a system is

  3  found to be in violation of this chapter, the manufacturer's

  4  specifications, or the standards of the National Fire

  5  Protection Association, a copy shall be forwarded to the state

  6  or local authority having jurisdiction within 30 days from the

  7  date of service. It shall be unlawful to place in service,

  8  service, test, repair, inspect, install, hydrotest, or

  9  recharge any fire extinguisher or preengineered system without

10  attaching one of these tags completed in detail, including the

11  actual month work was performed, or to use a tag not meeting

12  the specifications set forth by the State Fire Marshal.

13         Section 55.  Section 633.162, Florida Statutes, is

14  amended to read:

15         633.162  Disciplinary action; fire extinguisher or

16  preengineered systems; grounds for denial, nonrenewal,

17  suspension, or revocation of license or permit.--

18         (1)  The violation of any provision of this chapter or

19  any rule adopted and promulgated pursuant hereto or the

20  failure or refusal to comply with any notice or order to

21  correct a violation or any cease and desist order by any

22  person who possesses a license or permit issued pursuant to s.

23  633.061 is cause for denial, nonrenewal, revocation, or

24  suspension of such license or permit by the State Fire Marshal

25  after such officer has determined that the person is guilty of

26  such violation.  An order of suspension shall state the period

27  of time of such suspension, which period may not be in excess

28  of 2 years from the date of such order.  An order of

29  revocation may be entered for a period not exceeding 5 years.

30  Such orders shall effect suspension or revocation of all

31  licenses or permits then held by the person, and during such

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  1  period of time no license or permit shall be issued to such

  2  person. During the suspension or revocation of any license or

  3  permit, the former licensee or permittee shall not engage in

  4  or attempt or profess to engage in any transaction or business

  5  for which a license or permit is required under this chapter

  6  or directly or indirectly own, control, or be employed in any

  7  manner by any firm, business, or corporation for which a

  8  license or permit under this chapter is required. If, during

  9  the period between the beginning of proceedings and the entry

10  of an order of suspension or revocation by the State Fire

11  Marshal, a new license or permit has been issued to the person

12  so charged, the order of suspension or revocation shall

13  operate to suspend or revoke such new license or permit held

14  by such person.

15         (2)  The department shall not, so long as the

16  revocation or suspension remains in effect, grant any new

17  license or permit for the establishment of any new firm,

18  business, or corporation of any person or qualifier that has

19  or will have the same or similar management, ownership,

20  control, employees, permittees, or licensees, or will use a

21  same or similar name as a previously revoked or suspended

22  firm, business, corporation, person, or qualifier.

23         (3)  The State Fire Marshal may deny, nonrenew,

24  suspend, or revoke the license or permit of:

25         (a)  Any person, firm, or corporation the license of

26  which under this chapter has been suspended or revoked;

27         (b)  Any firm or corporation if an officer, qualifier,

28  director, stockholder, owner, or person interested directly or

29  indirectly in the firm or corporation has had his or her

30  license or permit under this chapter suspended or revoked; or

31

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  1         (c)  Any person who is or has been an officer,

  2  qualifier, director, stockholder, or owner of a firm or

  3  corporation, or who was interested directly or indirectly in a

  4  firm or corporation, the license or permit of which has been

  5  suspended or revoked under this chapter.

  6         (4)(2)  In addition to the grounds set forth in

  7  subsection (1), it is cause for denial, nonrenewal,

  8  revocation, or suspension of a license or permit by the State

  9  Fire Marshal if she or he determines that the licensee or

10  permittee has:

11         (a)  Rendered inoperative a fire extinguisher or

12  preengineered system required by statute or by rule, except

13  during such time as the extinguisher or preengineered system

14  is being inspected, serviced, repaired, hydrotested, or

15  recharged, or except pursuant to court order.

16         (b)  Falsified any record required to be maintained by

17  this chapter or rules adopted pursuant hereto.

18         (c)  Improperly serviced, recharged, repaired,

19  hydrotested, tested, or inspected a fire extinguisher or

20  preengineered system.

21         (d)  While holding a permit or license, allowed another

22  person to use the permit number or license number, or used a

23  license number or permit number other than her or his valid

24  license number or permit number.

25         (e)  Failed to provide proof of insurance to the State

26  Fire Marshal or failed to maintain in force the insurance

27  coverage required by s. 633.061.

28         (f)  Failed to obtain, retain, or maintain one or more

29  of the qualifications for a license or permit as specified in

30  this chapter.

31

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  1         (g)  Made a material misstatement, misrepresentation,

  2  or committed a fraud in obtaining or attempting to obtain a

  3  license or permit.

  4         (h)  Failed to notify the State Fire Marshal, in

  5  writing, within 30 days after a change of residence, principal

  6  business address, or name.

  7         (3)  In addition, the Department of Insurance shall not

  8  issue a new license or permit if it finds that the

  9  circumstance or circumstances for which the license or permit

10  was previously revoked or suspended still exist or are likely

11  to recur.

12         Section 56.  Section 633.171, Florida Statutes, is

13  amended to read:

14         633.171  Penalty for violation of law, rule, or order

15  to cease and desist or for failure to comply with corrective

16  order.--

17         (1)  The violation of any provision of this law, or any

18  order or rule of the State Fire Marshal or order to cease and

19  desist or to correct conditions issued hereunder, shall

20  constitute a misdemeanor of the second degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         (2)  It shall constitute a misdemeanor of the first

23  degree, punishable as provided in s. 775.082 or s. 775.083, to

24  intentionally or willfully:

25         (a)  Render a fire extinguisher or preengineered system

26  required by statute or by rule inoperative except during such

27  time as the said extinguisher or preengineered system is being

28  serviced, hydrotested, tested, repaired, or recharged, except

29  pursuant to court order.

30         (b)  Obliterate the serial number on a fire

31  extinguisher for purposes of falsifying service records.

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  1         (c)  Improperly service, recharge, repair, hydrotest,

  2  test, or inspect a fire extinguisher or preengineered system.

  3         (d)  Use the license or permit number of another

  4  person.

  5         (e)  Hold a permit and allow another person to use said

  6  permit number.

  7         (f)  Use, or permit the use of, any license by any

  8  individual or organization other than the one to whom the

  9  license is issued.

10         Section 57.  Present subsections (4) and (5) of section

11  633.547, Florida Statutes, are renumbered as subsections (6)

12  and (7), respectively, and new subsections (4) and (5) are

13  added to that section, to read:

14         633.547  Disciplinary action; fire protection system

15  contractors; grounds for denial, nonrenewal, suspension, or

16  revocation of certificate.--

17         (4)  During the suspension or revocation of the

18  certificate, the former certificateholder shall not engage in

19  or attempt to profess to engage in any transaction or business

20  for which a certificate is required under this chapter or

21  directly or indirectly own, control, or be employed in any

22  manner by any firm or corporation for which a certificate

23  under this chapter is required. The department shall not, so

24  long as the revocation or suspension remains in effect, grant

25  any new certificate for the establishment of any new firm,

26  business, or corporation of any person that has or will have

27  the same or similar management, ownership, control, or

28  employees or that will use a same or similar name as a

29  previously revoked or suspended firm, business, or

30  corporation.

31

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  1         (5)  The State Fire Marshal may deny, suspend, or

  2  revoke the certificate of:

  3         (a)  Any person, firm, or corporation the certificate

  4  of which under this chapter has been suspended or revoked.

  5         (b)  Any firm or corporation if an officer, director,

  6  stockholder, owner, or person interested directly or

  7  indirectly has had his or her certificate under this chapter

  8  suspended or revoked.

  9         (c)  Any person who is or has been an officer,

10  director, stockholder, or owner of a firm or corporation, or

11  who was interested directly or indirectly in a corporation,

12  the certificate of which has been suspended or revoked under

13  this chapter.

14         Section 58.  Paragraph (n) of subsection (3) of section

15  489.105, Florida Statutes, is amended to read:

16         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

23  building or structure, including related improvements to real

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

25  scope is substantially similar to the job scope described in

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

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

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

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

30  in height, other than buildings or residences over three

31  stories tall; and buildings or residences over three stories

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    Florida Senate - 1998                    CS for CS for SB 2336
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  1  tall. Contractors are subdivided into two divisions, Division

  2  I, consisting of those contractors defined in paragraphs

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

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

  5         (n)  "Underground utility and excavation contractor"

  6  means a contractor whose services are limited to the

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

  8  property, of main sanitary sewer collection systems, main

  9  water distribution systems, storm sewer collection systems,

10  and the continuation of utility lines from the main systems to

11  a point of termination up to and including the meter location

12  for the individual occupancy, sewer collection systems at

13  property line on residential or single-occupancy commercial

14  properties, or on multioccupancy properties at manhole or wye

15  lateral extended to an invert elevation as engineered to

16  accommodate future building sewers, water distribution

17  systems, or storm sewer collection systems at storm sewer

18  structures. However, an underground utility and excavation

19  contractor may install empty underground conduits in

20  rights-of-way, easements, platted rights-of-way in new site

21  development, and sleeves for parking lot crossings no smaller

22  than 2 inches in diameter, provided that each conduit system

23  installed is designed by a licensed professional engineer or

24  an authorized employee of a municipality, county, or public

25  utility and that the installation of any such conduit does not

26  include installation of any conductor wiring or connection to

27  an energized electrical system. An underground utility and

28  excavation contractor shall not install any piping that is an

29  integral part of a fire protection system as defined in s.

30  633.021 s. 633.021(7) beginning at the point where the piping

31  is used exclusively for such system.

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    Florida Senate - 1998                    CS for CS for SB 2336
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  1         Section 59.  This act shall take effect October 1,

  2  1998.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                      Senate Bill CS/SB 2336

  6

  7  The CS to the CS deletes s. 489.129(1)(d), F.S., which
    declares that "knowingly violating" a building code is grounds
  8  for disciplinary action against licensees by DBPR; creates s.
    501.937, F.S., which requires industrial hygienists and safety
  9  professionals to accurately disclose their credentials when
    soliciting work; includes amendments to s. 489.505, F.S., and
10  creates s. 489.5185, F.S., to establish fire alarm agent
    training and criminal history check requirements similar to
11  those established two years ago for burglar alarm system
    agents.
12
    In addition, the CS includes amendments to various provisions
13  relating to chapter 633, F.S., which governs the licensing and
    permitting by the State Fire Marshal (SMF) of organizations
14  and individuals who install and service fire safety equipment.
    It defines the term "fire extinguisher," provides requirements
15  for conducting hydro tests of fire extinguishers and
    preengineered systems and revises the types of work that may
16  be performed by persons who hold particular classes of
    licenses or permits issued by the SFM. The bill provides
17  requirements for obtaining an upgraded license for fire
    equipment dealers.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

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