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





                                                  SENATE AMENDMENT

    Bill No. HB 4439, 1st Eng.

    Amendment No.    

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10                                                                

11  Senator Clary moved the following amendment to amendment

12  (902392):

13

14         Senate Amendment (with title amendment) 

15         On page 14, line 7, through

16            page 17, line 31, delete those lines

17

18  and insert:

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

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

21  Statutes, are amended to read:

22         489.131  Applicability.--

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

24  require that bids submitted for construction, improvement,

25  remodeling, or repair on of public projects buildings be

26  accompanied by evidence that the bidder holds an appropriate

27  certificate or registration, unless the work to be performed

28  is exempt under s. 489.103.

29         (6)

30         (c)  Each local board or agency that licenses

31  contractors must transmit quarterly monthly to the board a

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                                                  SENATE AMENDMENT

    Bill No. HB 4439, 1st Eng.

    Amendment No.    





 1  report of any disciplinary action taken against contractors

 2  and of any administrative or disciplinary action taken against

 3  unlicensed persons for engaging in the business or acting in

 4  the capacity of a contractor including any cease and desist

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

 6  pursuant to s. 489.127(5).

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

 8  of regulation is to protect the public by attaining compliance

 9  with the policies established in law.  Fines and other

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

11  the collection of fines and the imposition of penalties are

12  intended to be secondary to the primary goal of attaining

13  compliance with state laws and local jurisdiction ordinances.

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

15  agency charged with enforcing regulatory laws shall issue a

16  notice of noncompliance as its first response to a minor

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

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

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

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

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

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

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

24  notification by the local jurisdiction agency charged with

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

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

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

28  It should identify the specific ordinance that is being

29  violated, provide information on how to comply with the

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4439, 1st Eng.

    Amendment No.    





 1  action correcting the violation within a set period of time

 2  would then result in the institution of further disciplinary

 3  proceedings.

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

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

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

 7  ordinances against locally licensed or registered contractors,

 8  as appropriate.  The local jurisdiction enforcement body may

 9  conduct disciplinary proceedings against a locally licensed or

10  registered contractor and may require restitution, impose a

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

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

13  the locally licensed or registered contractor, according to

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

15  the local jurisdiction may assess reasonable investigative and

16  legal costs for the prosecution of the violation against the

17  violator, according to such ordinances as the local

18  jurisdiction may enact.

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

20  enforcement body may take against the individual's local

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

22  local jurisdiction enforcement body shall issue a recommended

23  penalty for board action.  This recommended penalty may

24  include a recommendation for no further action, or a

25  recommendation for suspension, revocation, or restriction of

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

27  combination thereof.  The local jurisdiction enforcement body

28  shall inform the disciplined contractor and the complainant of

29  the local license penalty imposed, the board penalty

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4439, 1st Eng.

    Amendment No.    





 1  enforcement body shall, upon having reached adjudication or

 2  having accepted a plea of nolo contendere, immediately inform

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

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

 5  complainant may challenge the local jurisdiction enforcement

 6  body's recommended penalty for board action to the

 7  Construction Industry Licensing Board.  A challenge shall be

 8  filed within 60 days after the issuance of the recommended

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

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

11  need for a probable cause hearing.

12         (e)  Failure of the department, the disciplined

13  contractor, or the complainant to challenge the local

14  jurisdiction's recommended penalty within the time period set

15  forth in this subsection shall constitute a waiver of the

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

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

18  violation, and the penalty recommended shall become a final

19  order according to procedures developed by board rule without

20  further board action. The disciplined contractor may appeal

21  this board action to the district court.

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

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

24  may not initiate or pursue any if the department determines

25  that the complaint against a registered contractor who is not

26  also a certified contractor where a local jurisdiction

27  enforcement body has jurisdiction over the complaint, unless

28  summary procedures are initiated by the secretary pursuant to

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4439, 1st Eng.

    Amendment No.    





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

 2  local jurisdiction enforcement body for investigation, and if

 3  appropriate, prosecution. However, the department may

 4  investigate such complaints to the extent necessary to

 5  determine whether summary procedures should be initiated is

 6  for an action which a local jurisdiction enforcement body has

 7  investigated and reached adjudication or accepted a plea of

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

 9  the department shall not initiate prosecution for that action,

10  unless the secretary has initiated summary procedures pursuant

11  to s. 455.225(8).

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

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

14  the adequacy of the local government enforcement body's

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

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

17  allow local jurisdictions to exercise disciplinary authority

18  over certified contractors.

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

20  certificate of competency or license for any contractor

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

22  such local government exercises disciplinary control and

23  oversight over such locally licensed contractors, including

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

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

26  disciplines contractors must have at least two consumer

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

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

29  representatives. The consumer representative may be any

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4439, 1st Eng.

    Amendment No.    





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

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

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

 4  any investigative activities or administrative actions

 5  commenced by the department as a result of complaints filed

 6  prior to the effective date of this legislation.

 7

 8  (Redesignate subsequent sections.)

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10

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

12  And the title is amended as follows:

13         On page 107, lines 15-18, delete those lines

14

15  and insert:

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

17         for public projects be accompanied by certain

18         evidence; requiring local boards or agencies

19         that license contractors to transmit quarterly

20         reports; clarifying the department's authority

21         to initiate disciplinary actions; providing

22         that local boards that license and discipline

23         contractors must have at least 2 consumer

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

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