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





                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Ogles offered the following:

12

13         Amendment (with title amendment) 

14         On page 15, between lines 15-16

15

16  and insert in lieu thereof:

17         Section 12.  Effective October 1, 1998, paragraph (d)

18  of subsection (1) of section 489.129, Florida Statutes, is

19  amended and subsection (12) is added to that section to read:

20         489.129  Disciplinary proceedings.--

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

22  against any certificateholder or registrant:  place on

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

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

25  certificate of authority, require financial restitution to a

26  consumer for financial harm directly related to a violation of

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

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

29  assess costs associated with investigation and prosecution, if

30  the contractor, financially responsible officer, or business

31  organization for which the contractor is a primary qualifying

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





 1  agent, a financially responsible officer, or a secondary

 2  qualifying agent responsible under s. 489.1195 is found guilty

 3  of any of the following acts:

 4         (d)  Knowingly violating the applicable building codes

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

 6  thereof.

 7         (12)  When an investigation of a contractor is

 8  undertaken, the department shall promptly furnish to the

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

10  complaint or document that resulted in the initiation of the

11  investigation. The department shall make the complaint and

12  supporting documents available to the contractor. The

13  complaint or supporting documents shall contain information

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

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

16  information contained in such complaint or document within 20

17  days after service to the contractor of the complaint or

18  document. The contractor's written response shall be

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

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

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

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

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

24  notification would be detrimental to the investigation, the

25  department may withhold notification. The department may

26  conduct an investigation without notification to a contractor

27  if the act under investigation is a criminal offense.

28         Section 13.  Effective October 1, 1998, subsections

29  (2), (7) and (10) and paragraphs (c) of subsection (6) of

30  section 489.131, Florida Statutes, are amended to read:

31         489.131  Applicability.--

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





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

 2  require that bids submitted for construction, improvement,

 3  remodeling, or repair on of public projects buildings be

 4  accompanied by evidence that the bidder holds an appropriate

 5  certificate or registration, unless the work to be performed

 6  is exempt under s. 489.103.

 7         (6)

 8         (c)  Each local board or agency that licenses

 9  contractors must transmit quarterly monthly to the board a

10  report of any disciplinary action taken against contractors

11  and of any administrative or disciplinary action taken against

12  unlicensed persons for engaging in the business or acting in

13  the capacity of a contractor including any cease and desist

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

15  pursuant to s. 489.127(5).

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

17  of regulation is to protect the public by attaining compliance

18  with the policies established in law.  Fines and other

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

20  the collection of fines and the imposition of penalties are

21  intended to be secondary to the primary goal of attaining

22  compliance with state laws and local jurisdiction ordinances.

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

24  agency charged with enforcing regulatory laws shall issue a

25  notice of noncompliance as its first response to a minor

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





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

 2  notification by the local jurisdiction agency charged with

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

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

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

 6  It should identify the specific ordinance that is being

 7  violated, provide information on how to comply with the

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

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

10  action correcting the violation within a set period of time

11  would then result in the institution of further disciplinary

12  proceedings.

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

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

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

16  ordinances against locally licensed or registered contractors,

17  as appropriate.  The local jurisdiction enforcement body may

18  conduct disciplinary proceedings against a locally licensed or

19  registered contractor and may require restitution, impose a

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

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

22  the locally licensed or registered contractor, according to

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

24  the local jurisdiction may assess reasonable investigative and

25  legal costs for the prosecution of the violation against the

26  violator, according to such ordinances as the local

27  jurisdiction may enact.

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

29  enforcement body may take against the individual's local

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

31  local jurisdiction enforcement body shall issue a recommended

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





 1  penalty for board action.  This recommended penalty may

 2  include a recommendation for no further action, or a

 3  recommendation for suspension, revocation, or restriction of

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

 5  combination thereof.  The local jurisdiction enforcement body

 6  shall inform the disciplined contractor and the complainant of

 7  the local license penalty imposed, the board penalty

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

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

10  enforcement body shall, upon having reached adjudication or

11  having accepted a plea of nolo contendere, immediately inform

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

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

14  complainant may challenge the local jurisdiction enforcement

15  body's recommended penalty for board action to the

16  Construction Industry Licensing Board.  A challenge shall be

17  filed within 60 days after the issuance of the recommended

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

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

20  need for a probable cause hearing.

21         (e)  Failure of the department, the disciplined

22  contractor, or the complainant to challenge the local

23  jurisdiction's recommended penalty within the time period set

24  forth in this subsection shall constitute a waiver of the

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

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

27  violation, and the penalty recommended shall become a final

28  order according to procedures developed by board rule without

29  further board action. The disciplined contractor may appeal

30  this board action to the district court.

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

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





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

 2  may not initiate or pursue any if the department determines

 3  that the complaint against a registered contractor who is not

 4  also a certified contractor where a local jurisdiction

 5  enforcement body has jurisdiction over the complaint, unless

 6  summary procedures are initiated by the secretary pursuant to

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

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

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

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

11  local jurisdiction enforcement body for investigation, and if

12  appropriate, prosecution. However, the department may

13  investigate such complaints to the extent necessary to

14  determine whether summary procedures should be initiated is

15  for an action which a local jurisdiction enforcement body has

16  investigated and reached adjudication or accepted a plea of

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

18  the department shall not initiate prosecution for that action,

19  unless the secretary has initiated summary procedures pursuant

20  to s. 455.225(8).

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

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

23  the adequacy of the local government enforcement body's

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

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

26  allow local jurisdictions to exercise disciplinary authority

27  over certified contractors.

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

29  certificate of competency or license for any contractor

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

31  such local government exercises disciplinary control and

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





 1  oversight over such locally licensed contractors, including

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

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

 4  disciplines contractors must have at least two consumer

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

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

 7  representatives. The consumer representative may be any

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

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

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

11         Section 14.  The amendments to paragraph (f) of

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

13  any investigative activities or administrative actions

14  commenced by the department as a result of complaints filed

15  prior to the effective date of this legislation.

16

17

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

19  And the title is amended as follows:

20         On page 1, line 26

21

22  insert:  "after requirement;"

23         amending s. 489.129, F.S.; providing procedures

24         and responsibilities when the department

25         undertakes an investigation of a contractor;

26         deleting a ground for disciplinary action;

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

28         for public projects be accompanied by certain

29         evidence; requiring local boards or agencies

30         that license contractors to transmit quarterly

31         reports; clarifying the department's authority

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 4119, 1st Eng.

    Amendment No. 05 (for drafter's use only)





 1         to initiate disciplinary actions; providing

 2         that local boards that license and discipline

 3         contractors must have at least 2 consumer

 4         representatives;

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