CODING: Words stricken are deletions; words underlined are additions.
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Senator Clary moved the following amendment:
SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Clary moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (h) is added to subsection (6) of
18 section 468.603, Florida Statutes, to read:
19 468.603 Definitions.--As used in this part:
20 (6) "Categories of building inspectors" include the
21 following:
22 (h) "Electrical inspector" means a person who is
23 qualified to inspect and determine the electrical safety of
24 commercial and residential buildings and accessory structures
25 by inspecting for compliance with the provisions of the
26 National electrical code.
27 Section 2. Section 468.604, Florida Statutes, is
28 created to read:
29 468.604 Responsibilities of building code
30 administrators, plans examiners and inspectors.--
31 (1) It is the responsibility of the building code
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 administrator or building official to administrate, supervise,
2 direct, enforce, or perform the permitting and inspection of
3 construction, alteration, repair, remodeling, or demolition of
4 structures and the installation of building systems within the
5 boundaries of their governmental jurisdiction, when permitting
6 is required, to ensure compliance with building, plumbing,
7 mechanical, electrical, gas fuel, energy conservation,
8 accessibility, and other construction codes which are required
9 or adopted by municipal code, county ordinance, or state law.
10 The building code administrator or building official shall
11 faithfully perform these responsibilities without interference
12 from any person. These responsibilities include:
13 (a) The review of construction plans to ensure
14 compliance with all applicable codes. The construction plans
15 must be reviewed before the issuance of any building, system
16 installation, or other construction permit. The review of
17 construction plans must be done by the building code
18 administrator or building official or by a person having the
19 appropriate plans examiner license issued under this chapter.
20 (b) The inspection of each phase of construction where
21 a building or other construction permit has been issued. The
22 building code administrator or building official, or a person
23 having the appropriate building code inspector license issued
24 under this chapter, shall inspect the construction or
25 installation to ensure that the work is performed in
26 accordance with applicable codes.
27 (2) It is the responsibility of the building code
28 inspector to conduct inspections of construction, alteration,
29 repair, remodeling, or demolition of structures and the
30 installation of building systems, when permitting is required,
31 to ensure compliance with building, plumbing, mechanical,
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 electrical, gas fuel, energy conservation, accessibility, and
2 other construction codes required by municipal code, county
3 ordinance, or state law. Each building code inspector must be
4 licensed in the appropriate category as defined in s. 468.603.
5 The building code inspector's responsibilities must be
6 performed under the direction of the building code
7 administrator or building official without interference from
8 any unlicensed person.
9 (3) It is the responsibility of the plans examiner to
10 conduct review of construction plans submitted in the permit
11 application to assure compliance with all applicable codes
12 required by municipal code, county ordinance, or state law.
13 The review of construction plans must be done by the building
14 code administrator or building official or by a person
15 licensed in the appropriate plans examiner category as defined
16 in s. 468.603. The plans examiner's responsibilities must be
17 performed under the supervision and authority of the building
18 code administrator or building official without interference
19 from any unlicensed person.
20 Section 3. Subsection (2) of section 468.605, Florida
21 Statutes, is amended to read:
22 468.605 Florida Building Code Administrators and
23 Inspectors Board.--
24 (2) The board shall consist of nine members, as
25 follows:
26 (a) One member who is an architect licensed pursuant
27 to chapter 481, an engineer licensed pursuant to chapter 471,
28 or a contractor licensed pursuant to chapter 489.
29 (b) Two members serving as building code
30 administrators.
31 (c) Two members One member serving as an a building
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 inspector who is without managerial authority in the employing
2 agency.
3 (d) One member serving as a plans examiner.
4 (e) One member who is a representative of a city or a
5 charter county.
6 (f) One member serving as a city manager.
7 (f)(g) Two consumer members who are not, and have
8 never been, members of a profession regulated under this part,
9 chapter 481, chapter 471, or chapter 489. One of the consumer
10 members must be a person with a disability or a representative
11 of an organization which represents persons with disabilities.
12
13 None of the board members described in paragraph (a) or
14 paragraph (f) (g) may be an employee of a municipal, county,
15 or state governmental agency.
16 Section 4. Section 468.609, Florida Statutes, is
17 amended to read:
18 468.609 Administration of this part; standards for
19 certification; additional categories of certification.--
20 (1) Except as provided in this part, any person who
21 desires to be certified shall apply to the board, in writing
22 upon forms approved and furnished by the board, to take the
23 certification examination.
24 (2) A person shall be entitled to take the examination
25 for certification as an inspector or plans examiner pursuant
26 to this part if the person:
27 (a) Is at least 18 years of age;
28 (b) Is of good moral character; and
29 (c) Meets eligibility requirements according to one of
30 the following criteria:
31 1. Demonstrates 5 years' combined experience in the
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 field of construction or related field or inspection, or plans
2 review corresponding to the certification category sought;
3 2. Demonstrates a combination of postsecondary
4 education in the field of construction or related field and
5 experience which totals 4 years, with at least 1 year of such
6 total being experience in construction, or building
7 inspection, or plans review; or
8 3. Currently holds a standard certificate as issued by
9 the board and satisfactorily completes an inspector or plans
10 examiner training program of not less than 200 hours in the
11 certification category sought. The board shall establish by
12 rule criteria for the development and implementation of the
13 training programs.
14 (3)3. A person shall be entitled to take the
15 examination for certification as a building code administrator
16 pursuant to this part if the person:
17 (a) Is at least 18 years of age;
18 (b) Is of good moral character; and
19 (c) Meets eligibility requirements according to one of
20 the following criteria:
21 1. For certification as a building code administrator
22 or building official, Demonstrates 10 years' combined
23 experience as an architect, engineer, plan examiner, building
24 code inspector, registered or certified contractor, or
25 construction superintendent, with at least 5 years of such
26 experience in supervisory positions; or.
27 2. Demonstrates a combination of postsecondary
28 education in the field of construction or related field, no
29 more than 5 years of which may be applied, and experience as
30 an architect, engineer, plan examiner, building code
31 inspector, registered or certified contractor, or construction
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 superintendent which totals 10 years, with at least 5 years of
2 such total being experience in supervisory positions.
3 (4)(3) No person may engage in the duties of a
4 building code administrator, plans examiner, or inspector
5 pursuant to this part after October 1, 1993, unless such
6 person possesses one of the following types of certificates,
7 currently valid, issued by the board attesting to the person's
8 qualifications to hold such position:
9 (a) A standard certificate.
10 (b) A limited certificate.
11 (c) A provisional certificate.
12 (5)(4)(a) To obtain a standard certificate, an
13 individual must pass an examination approved by the board
14 which demonstrates that the applicant has fundamental
15 knowledge of the state laws and codes relating to the
16 construction of buildings for which the applicant has code
17 administration, plan examining, or inspection
18 responsibilities. It is the intent of the Legislature that
19 the examination approved for certification pursuant to this
20 part be substantially equivalent to the examinations
21 administered by the Southern Building Code Congress
22 International, the Building Officials Association of Florida,
23 the South Florida Building Code (Dade and Broward), and the
24 Council of American Building Officials.
25 (b) A standard certificate shall be issued to each
26 applicant who successfully completes the examination, which
27 certificate authorizes the individual named thereon to
28 practice throughout the state as a building code
29 administrator, plans examiner, or inspector within such class
30 and level as is specified by the board.
31 (c) The board may accept proof that the applicant has
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 passed an examination which is substantially equivalent to the
2 board-approved examination set forth in this section.
3 (6)(5)(a) A building code administrator, plans
4 examiner, or inspector holding office on July 1, 1993, shall
5 not be required to possess a standard certificate as a
6 condition of tenure or continued employment, but shall be
7 required to obtain a limited certificate as described in this
8 subsection.
9 (b) By October 1, 1993, individuals who were employed
10 on July 1, 1993, as building code administrators, plans
11 examiners, or inspectors, who are not eligible for a standard
12 certificate, but who wish to continue in such employment,
13 shall submit to the board the appropriate application and
14 certification fees and shall receive a limited certificate
15 qualifying them to engage in building code administration,
16 plans examination, or inspection in the class, at the
17 performance level, and within the governmental jurisdiction in
18 which such person is employed.
19 (c) The limited certificate shall be valid only as an
20 authorization for the building code administrator, plans
21 examiner, or inspector to continue in the position held, and
22 to continue performing all functions assigned to that
23 position, on July 1, 1993.
24 (d) A building code administrator, plans examiner, or
25 inspector holding a limited certificate can be promoted to a
26 position requiring a higher level certificate only upon
27 issuance of a standard certificate or provisional certificate
28 appropriate for such new position.
29 (7)(6)(a) The board may provide for the issuance of
30 provisional or temporary certificates valid for such period,
31 not less than 1 year nor more than 3 years, as specified by
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 board rule, to any newly employed or promoted building code
2 administrator, plans examiner, or inspector newly employed or
3 newly promoted who lacks the qualifications prescribed by the
4 board or by statute as prerequisite to issuance of a standard
5 certificate.
6 (b) No building code administrator, plans examiner, or
7 inspector may have a provisional or temporary certificate
8 extended beyond the specified period by renewal or otherwise.
9 (c) The board may provide for appropriate levels of
10 provisional or temporary certificates and may issue these
11 certificates with such special conditions or requirements
12 relating to the place of employment of the person holding the
13 certificate, the supervision of such person on a consulting or
14 advisory basis, or other matters as the board may deem
15 necessary to protect the public safety and health.
16 (d) A newly employed or hired person may perform the
17 duties of a plans examiner or inspector for 90 days if a
18 provisional certificate application has been submitted,
19 provided such person is under the direct supervision of a
20 certified building code administrator who holds a standard
21 certification and who has found such person qualified for a
22 provisional certificate.
23 (8)(7)(a) Any individual who holds a valid certificate
24 under the provisions of s. 553.795, or who has successfully
25 completed all requirements for certification pursuant to such
26 section, shall be deemed to have satisfied the requirements
27 for receiving a standard certificate prescribed by this part.
28 (b) Any individual who holds a valid certificate
29 issued by the Southern Building Code Congress International,
30 the Building Officials Association of Florida, the South
31 Florida Building Code (Dade and Broward), or the Council of
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 American Building Officials certification programs, or who has
2 been approved for certification under one of those programs
3 not later than October 1, 1995, shall be deemed to have
4 satisfied the requirements for receiving a standard
5 certificate in the corresponding category prescribed by this
6 part. Employees of counties with a population of less than
7 50,000, or employees of municipalities with a population of
8 less than 3,500, shall be deemed to have satisfied the
9 requirements for standard certification where such employee is
10 approved for certification under one of the programs set forth
11 in this paragraph not later than October 1, 1998.
12 (9)(8) Any individual applying to the board may be
13 issued a certificate valid for multiple inspection classes, as
14 deemed appropriate by the board.
15 (10)(9) Certification and training classes may be
16 developed in coordination with degree career education
17 centers, community colleges, the State University System, or
18 other entities offering certification and training classes.
19 (11)(10) The board may by rule create categories of
20 certification in addition to those defined in s. 468.603(6)
21 and (7). Such certification categories shall not be mandatory
22 and shall not act to diminish the scope of any certificate
23 created by statute.
24 Section 5. Subsections (2) and (3) of section 468.617,
25 Florida Statutes, are amended to read:
26 468.617 Joint inspection department; other
27 arrangements.--
28 (2) Nothing in this part shall prohibit local
29 governments from contracting with employing persons certified
30 pursuant to this part to perform inspections or plan reviews
31 on a contract basis. An individual or entity may not inspect
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 or examine plans on projects in which the individual or entity
2 designed or permitted the projects.
3 (3) Nothing in this part shall prohibit any county or
4 municipal government from entering into any contract with any
5 person or entity for the provision of services regulated under
6 this part, and notwithstanding any other statutory provision,
7 such county or municipal governments may enter into contracts
8 which provide for payment of inspection or review fees
9 directly to the contract provider.
10 Section 6. Section 468.627, Florida Statutes, is
11 amended to read:
12 468.627 Application; examination; renewal; fees.--
13 (1) The board shall establish by rule fees to be paid
14 for application, examination, reexamination, certification and
15 certification renewal, inactive status application, and
16 reactivation of inactive certificates. The board may
17 establish by rule a late renewal penalty. The board shall
18 establish fees which are adequate, when combined with revenue
19 generated by the provisions of s. 468.631, to ensure the
20 continued operation of this part. Fees shall be based on
21 department estimates of the revenue required to implement this
22 part.
23 (2) The initial application fee may not exceed $25 for
24 building code administrators, plans examiners, or inspectors.
25 (3) The initial examination fee may not exceed $150
26 $50 for building code administrators, plans examiners, or
27 inspectors.
28 (4) The initial certification fee may not exceed $25
29 for building code administrators, plans examiners, or
30 inspectors.
31 (5) The biennial certification renewal fee may not
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 exceed $25 for building code administrators, plans examiners,
2 or inspectors.
3 (4)(6) Employees of local government agencies having
4 responsibility for inspection, regulation, and enforcement of
5 building, plumbing, mechanical, electrical, gas, fire
6 prevention, energy, accessibility, and other construction
7 codes shall pay no application fees or examination fees, and
8 shall pay not more than $5 each for initial certification and
9 biennial certification renewal fees.
10 (5)(7) The certificateholder shall provide proof, in a
11 form established by board rule, that the certificateholder has
12 completed at least 14 classroom hours of at least 50 minutes
13 each of continuing education courses during each biennium
14 since the issuance or renewal of the certificate. The board
15 shall by rule establish criteria for approval of continuing
16 education courses and providers, and may by rule establish
17 criteria for accepting alternative nonclassroom continuing
18 education on an hour-for-hour basis.
19 Section 7. Section 471.045, Florida Statutes, is
20 created to read:
21 471.045 Professional engineers performing building
22 code inspector duties.--Notwithstanding any other provision of
23 law, a person who is currently licensed under this chapter to
24 practice as a professional engineer may provide building
25 inspection services described in s. 468.603(6) and (7) to a
26 local government or state agency upon its request, without
27 being certified by the Board of Building Code Administrators
28 and Inspectors under part XIII of chapter 468. When performing
29 these building inspection services, the professional engineer
30 is subject to the disciplinary guidelines of this chapter and
31 s. 468.621(1)(c)-(g). Any complaint processing, investigation,
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 and discipline that arise out of a professional engineer's
2 performing building inspection services shall be conducted by
3 the Board of Professional Engineers rather than the Board of
4 Building Code Administrators and Inspectors. A professional
5 engineer may not perform plans review as an employee of a
6 local government upon any job that the professional engineer
7 or the professional engineer's company designed.
8 Section 8. Section 481.222, Florida Statutes, is
9 created to read:
10 481.222 Architects performing building code inspector
11 duties.--Notwithstanding any other provision of law, a person
12 who is currently licensed to practice as an architect under
13 this part may provide building inspection services described
14 in s. 468.603(6) and (7) to a local government or state agency
15 upon its request, without being certified by the Board of
16 Building Code Administrators and Inspectors under part XIII of
17 chapter 468. With respect to the performance of such building
18 inspection services, the architect is subject to the
19 disciplinary guidelines of this part and s. 468.621(1)(c)-(g).
20 Any complaint processing, investigation, and discipline that
21 arise out of an architect's performance of building inspection
22 services shall be conducted by the Board of Architecture and
23 Interior Design rather than the Board of Building Code
24 Administrators and Inspectors. An architect may not perform
25 plans review as an employee of a local government upon any job
26 that the architect or the architect's company designed.
27 Section 9. Paragraph (d) of subsection (1) of section
28 489.129, Florida Statutes, is amended and subsection (12) is
29 added to that section to read:
30 489.129 Disciplinary proceedings.--
31 (1) The board may take any of the following actions
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 against any certificateholder or registrant: place on
2 probation or reprimand the licensee, revoke, suspend, or deny
3 the issuance or renewal of the certificate, registration, or
4 certificate of authority, require financial restitution to a
5 consumer for financial harm directly related to a violation of
6 a provision of this part, impose an administrative fine not to
7 exceed $5,000 per violation, require continuing education, or
8 assess costs associated with investigation and prosecution, if
9 the contractor, financially responsible officer, or business
10 organization for which the contractor is a primary qualifying
11 agent, a financially responsible officer, or a secondary
12 qualifying agent responsible under s. 489.1195 is found guilty
13 of any of the following acts:
14 (d) Knowingly violating the applicable building codes
15 or laws of the state or of any municipalities or counties
16 thereof.
17 (12) When an investigation of a contractor is
18 undertaken, the department shall promptly furnish to the
19 contractor or the contractor's attorney a copy of the
20 complaint or document that resulted in the initiation of the
21 investigation. The department shall make the complaint and
22 supporting documents available to the contractor. The
23 complaint or supporting documents shall contain information
24 regarding the specific facts that serve as the basis for the
25 complaint. The contractor may submit a written response to the
26 information contained in such complaint or document within 20
27 days after service to the contractor of the complaint or
28 document. The contractor's written response shall be
29 considered by the probable cause panel. The right to respond
30 does not prohibit the issuance of a summary emergency order if
31 necessary to protect the public. However, if the secretary, or
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 the secretary's designee, and the chair of the board or the
2 chair of the probable cause panel agree in writing that such
3 notification would be detrimental to the investigation, the
4 department may withhold notification. The department may
5 conduct an investigation without notification to a contractor
6 if the act under investigation is a criminal offense.
7 Section 10. Subsections (7) and (10) of section
8 489.131, Florida Statutes, are amended to read:
9 489.131 Applicability.--
10 (7)(a) It is the policy of the state that the purpose
11 of regulation is to protect the public by attaining compliance
12 with the policies established in law. Fines and other
13 penalties are provided in order to ensure compliance; however,
14 the collection of fines and the imposition of penalties are
15 intended to be secondary to the primary goal of attaining
16 compliance with state laws and local jurisdiction ordinances.
17 It is the intent of the Legislature that a local jurisdiction
18 agency charged with enforcing regulatory laws shall issue a
19 notice of noncompliance as its first response to a minor
20 violation of a regulatory law in any instance in which it is
21 reasonable to assume that the violator was unaware of such a
22 law or unclear as to how to comply with it. A violation of a
23 regulatory law is a "minor violation" if it does not result in
24 economic or physical harm to a person or adversely affect the
25 public health, safety, or welfare or create a significant
26 threat of such harm. A "notice of noncompliance" is a
27 notification by the local jurisdiction agency charged with
28 enforcing the ordinance, which is issued to the licensee that
29 is subject to the ordinance. A notice of noncompliance should
30 not be accompanied with a fine or other disciplinary penalty.
31 It should identify the specific ordinance that is being
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 violated, provide information on how to comply with the
2 ordinance, and specify a reasonable time for the violator to
3 comply with the ordinance. Failure of a licensee to take
4 action correcting the violation within a set period of time
5 would then result in the institution of further disciplinary
6 proceedings.
7 (b) The local governing body of a county or
8 municipality, or its local enforcement body, is authorized to
9 enforce the provisions of this part as well as its local
10 ordinances against locally licensed or registered contractors,
11 as appropriate. The local jurisdiction enforcement body may
12 conduct disciplinary proceedings against a locally licensed or
13 registered contractor and may require restitution, impose a
14 suspension or revocation of his or her local license, or a
15 fine not to exceed $5,000, or a combination thereof, against
16 the locally licensed or registered contractor, according to
17 ordinances which a local jurisdiction may enact. In addition,
18 the local jurisdiction may assess reasonable investigative and
19 legal costs for the prosecution of the violation against the
20 violator, according to such ordinances as the local
21 jurisdiction may enact.
22 (c) In addition to any action the local jurisdiction
23 enforcement body may take against the individual's local
24 license, and any fine the local jurisdiction may impose, the
25 local jurisdiction enforcement body shall issue a recommended
26 penalty for board action. This recommended penalty may
27 include a recommendation for no further action, or a
28 recommendation for suspension, revocation, or restriction of
29 the registration, or a fine to be levied by the board, or a
30 combination thereof. The local jurisdiction enforcement body
31 shall inform the disciplined contractor and the complainant of
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 the local license penalty imposed, the board penalty
2 recommended, his or her rights to appeal, and the consequences
3 should he or she decide not to appeal. The local jurisdiction
4 enforcement body shall, upon having reached adjudication or
5 having accepted a plea of nolo contendere, immediately inform
6 the board of its action and the recommended board penalty.
7 (d) The department, the disciplined contractor, or the
8 complainant may challenge the local jurisdiction enforcement
9 body's recommended penalty for board action to the
10 Construction Industry Licensing Board. A challenge shall be
11 filed within 60 days after the issuance of the recommended
12 penalty to the board. If challenged, there is a presumptive
13 finding of probable cause and the case may proceed without the
14 need for a probable cause hearing.
15 (e) Failure of the department, the disciplined
16 contractor, or the complainant to challenge the local
17 jurisdiction's recommended penalty within the time period set
18 forth in this subsection shall constitute a waiver of the
19 right to a hearing before the board. A waiver of the right to
20 a hearing before the board shall be deemed an admission of the
21 violation, and the penalty recommended shall become a final
22 order according to procedures developed by board rule without
23 further board action. The disciplined contractor may appeal
24 this board action to the district court.
25 (f)1. The department may investigate any complaint
26 that which is made with the department. However, if the
27 department may not initiate or pursue any determines that the
28 complaint against a registered contractor where a local
29 jurisdiction enforcement body has jurisdiction over the
30 complaint. The department shall refer the complaint to the
31 local jurisdiction enforcement body for investigation or
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 prosecution. The department shall not proceed until the is for
2 an action which a local jurisdiction enforcement body has
3 investigated and reached adjudication or accepted a plea of
4 nolo contendere, including a recommended penalty to the board,
5 except as provided otherwise in this section.
6 2. The department shall not initiate prosecution for
7 that action, unless the secretary has initiated summary
8 procedures pursuant to s. 455.225(8).
9 3. If the department proves that a local government
10 enforcement body has failed or refused to investigate a
11 complaint within 1 year, the board may suspend or rescind its
12 determination of the adequacy of the local government
13 enforcement body's disciplinary procedures granted under s.
14 489.117(2).
15 (g) Nothing in this subsection shall be construed to
16 allow local jurisdictions to exercise disciplinary authority
17 over certified contractors.
18 (10) No municipal or county government may issue any
19 certificate of competency or license for any contractor
20 defined in s. 489.105(3)(a)-(o) after July 1, 1993, unless
21 such local government exercises disciplinary control and
22 oversight over such locally licensed contractors, including
23 forwarding a recommended order in each action to the board as
24 provided in subsection (7). Each local board that licenses and
25 disciplines contractors must have at least two consumer
26 representatives on that board. If the board has seven or more
27 members, at least three of those members must be consumer
28 representatives. The consumer representative may be any
29 resident of the local jurisdiction that is not, and has never
30 been, a member or practitioner of a profession regulated by
31 the board or a member of any closely related profession.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 Section 11. Subsection (1) of section 469.001, Florida
2 Statutes, is amended, present subsections (20) and (22) are
3 renumbered as subsections (21) and (23), respectively, present
4 subsection (21) is renumbered as subsection (22) and amended,
5 and a new subsection (20) is added to that section, to read:
6 469.001 Definitions.--As used in this chapter:
7 (1) "Abatement" means the removal, encapsulation,
8 enclosure, or disposal of asbestos.
9 (20) "Project designer" means a person who works under
10 the direction of a licensed asbestos consultant and engages in
11 the design of project specifications for asbestos abatement
12 projects.
13 (22)(21) "Survey" means the process of inspecting a
14 facility for the presence of asbestos-containing materials to
15 determine the location and condition of asbestos-containing
16 materials prior to transfer of property, renovation,
17 demolition, or maintenance projects which may disturb
18 asbestos-containing materials.
19 Section 12. Section 469.002, Florida Statutes, is
20 amended to read:
21 469.002 Exemptions.--
22 (1) This chapter does not apply to:
23 (a) An authorized employee of the United States, this
24 state, or any municipality, county, or other political
25 subdivision, public or private school, or private entity who
26 has completed all training required by NESHAP and OSHA or by
27 AHERA for the activities described in this paragraph and who
28 is conducting abatement work solely for maintenance purposes
29 within the scope of the person's employment involving less
30 than 160 square feet of asbestos-containing materials or less
31 than 260 linear feet of asbestos-containing material on pipe,
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 so long as the employee is not available for hire or does not
2 otherwise engage in asbestos abatement, contracting, or
3 consulting.
4 (b) Asbestos-related activities which disturb
5 asbestos-containing materials within manufacturing, utility,
6 or military facilities and which are undertaken by regular
7 full-time employees of the owner or operator who have
8 completed all training required by this chapter or NESHAP and
9 OSHA for conducting such activities in areas where access is
10 restricted to authorized personnel who are carrying out
11 specific assignments.
12 (c) Reinspections at public or private schools,
13 whether K-12 or any other configuration, when conducted by an
14 employee who has completed the AHERA-required training for
15 such reinspections pursuant to this chapter and who is
16 conducting work within the scope of the person's employment.
17 (d) Moving, removal, or disposal of
18 asbestos-containing materials on a residential building where
19 the owner occupies the building, the building is not for sale
20 or lease, and the work is performed according to the
21 owner-builder limitations provided in this paragraph. To
22 qualify for exemption under this paragraph, an owner must
23 personally appear and sign the building permit application.
24 The permitting agency shall provide the person with a
25 disclosure statement in substantially the following form:
26
27 Disclosure Statement
28
29 State law requires asbestos abatement to be done by
30 licensed contractors. You have applied for a permit under an
31 exemption to that law. The exemption allows you, as the owner
19
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 of your property, to act as your own asbestos abatement
2 contractor even though you do not have a license. You must
3 supervise the construction yourself. You may move, remove, or
4 dispose of asbestos-containing materials on a residential
5 building where you occupy the building and the building is not
6 for sale or lease, or the building is a farm outbuilding on
7 your property. If you sell or lease such building within 1
8 year after the asbestos abatement is complete, the law will
9 presume that you intended to sell or lease the property at the
10 time the work was done, which is a violation of this
11 exemption. You may not hire an unlicensed person as your
12 contractor. Your work must be done according to all local,
13 state, and federal laws and regulations which apply to
14 asbestos abatement projects. It is your responsibility to make
15 sure that people employed by you have licenses required by
16 state law and by county or municipal licensing ordinances.
17
18 (e) An authorized employee of the United States, this
19 state, or any municipality, county, or other political
20 subdivision who has completed all training required by NESHAP
21 and OSHA or by AHERA for the activities described in this
22 paragraph, while engaged in asbestos-related activities set
23 forth in s. 255.5535 and asbestos-related activities involving
24 the demolition of a residential building owned by that
25 governmental unit, where such activities are within the scope
26 of that employment and the employee does not hold out for hire
27 or otherwise engage in asbestos abatement, contracting, or
28 consulting.
29 (2) Licensure as an asbestos contractor is not
30 required for the moving, removal, or disposal of
31 asbestos-containing roofing material by a roofing contractor
20
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 certified or registered under part I of chapter 489, if all
2 such activities are performed under the direction of an onsite
3 roofing supervisor trained as provided in s. 469.012.
4 (3) Licensure as an asbestos contractor or asbestos
5 consultant is not required for the moving, removal, repair,
6 maintenance, or disposal, or related inspections, of
7 asbestos-containing resilient floor covering or its adhesive,
8 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 (4) Licensure as an asbestos consultant or contractor
21
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 is not required for the repair, maintenance, removal, or
2 disposal of asbestos-containing pipe or conduit, if:
3 (a) The pipe or conduit is used for electrical,
4 electronic, communications, sewer, or water service;
5 (b) The pipe or conduit is not located in a building;
6 (c) The pipe or conduit is made of Category I or
7 Category II nonfriable material as defined in NESHAP; and
8 (d) All such activities are performed according to all
9 applicable regulations, including work practices and training,
10 of the United States Occupational Safety and Health
11 Administration under 29 C.F.R. part 1926.
12 (5)(2) Nothing in this section shall be construed to
13 alter or affect otherwise applicable Florida Statutes and
14 rules promulgated thereunder, or Environmental Protection
15 Agency or OSHA regulations regarding asbestos activities.
16 Section 13. Section 469.004, Florida Statutes, is
17 amended to read:
18 469.004 License; asbestos consultant; asbestos
19 contractor; exceptions.--
20 (1) All asbestos consultants must be licensed by the
21 department. An asbestos consultant's license may be issued
22 only to an applicant who holds a current, valid, active
23 license as an architect issued under chapter 481; holds a
24 current, valid, active license as a professional engineer
25 issued under chapter 471; holds a current, valid, active
26 license as a professional geologist issued under chapter 492;
27 is a diplomat of the American Board of Industrial Hygiene; or
28 has been awarded designation as a Certified Safety
29 Professional by the Board of Certified Safety Professionals.
30 (2) All asbestos contractors must be licensed by the
31 department. An asbestos contractor may not perform abatement
22
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 activities involving work that affects building structures or
2 systems. Work on building structures or systems may be
3 performed only by a contractor licensed under chapter 489.
4 (3) Licensure as an asbestos contractor is not
5 required for the moving, removal, or disposal of
6 asbestos-containing roofing material by a roofing contractor
7 certified or registered under part I of chapter 489, if all
8 such activities are performed under the direction of an onsite
9 roofing supervisor trained as provided in s. 469.012.
10 (4) Licensure as an asbestos contractor or asbestos
11 consultant is not required for the moving, removal, or
12 disposal, or related inspections, of asbestos-containing
13 resilient floor covering or its adhesive, if:
14 (a) The resilient floor covering is a Category I
15 nonfriable material as defined in NESHAP and remains a
16 Category I nonfriable material during removal activity.
17 (b) All such activities are performed in accordance
18 with all applicable asbestos standards of the United States
19 Occupational Safety and Health Administration under 29 C.F.R.
20 part 1926.
21 (c) The removal is not subject to asbestos licensing
22 or accreditation requirements under federal asbestos NESHAP
23 regulations of the United States Environmental Protection
24 Agency.
25 (d) Written notice of the time, place, and company
26 performing the removal and certification that all conditions
27 required under this subsection are met are provided to the
28 Department of Business and Professional Regulation at least 3
29 days prior to such removal. The contractor removing such
30 flooring materials is responsible for maintaining proof that
31 all the conditions required under this subsection are met.
23
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1
2 The department may inspect removal sites to determine
3 compliance with this subsection and shall adopt rules
4 governing inspections.
5 (5) Prior to the department's issuance of an asbestos
6 consultant's license or an asbestos contractor's license, the
7 applicant must provide evidence, as provided by the department
8 by rule, that the applicant has met the requirements of s.
9 469.005.
10 (6) A license issued under this section must be
11 renewed every 2 years. Before renewing a contractor's license,
12 the department shall require proof that the licensee has
13 completed a 1-day course of continuing education during each
14 of the preceding 2 years. Before renewing a consultant's
15 license, the department shall require proof that the licensee
16 has completed a 2-day course of continuing education during
17 each of the preceding 2 years.
18 (7) Licensure as an asbestos consultant or contractor
19 is not required for the repair, removal, or disposal of
20 asbestos-containing pipe or conduit, if:
21 (a) The pipe or conduit is used for electrical,
22 electronic, communications, sewer, or water service;
23 (b) The pipe or conduit is not located in a building;
24 (c) The pipe or conduit is made of Category I or
25 Category II nonfriable material as defined in NESHAP; and
26 (d) All such activities are performed according to all
27 applicable regulations, including work practices and training,
28 of the United States Occupational Safety and Health
29 Administration under 29 C.F.R. part 1926.
30 Section 14. Section 469.005, Florida Statutes, is
31 amended to read:
24
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 469.005 License requirements.--All applicants for
2 licensure as either asbestos consultants or asbestos
3 contractors shall:
4 (1) Pay the initial licensing fee.
5 (2) When applying for licensure as an asbestos
6 consultant, successfully complete the following
7 department-approved courses, as approved by the department:
8 (a) An asbestos contractor/supervisor abatement
9 project management and supervision course. Such course shall
10 consist of not less than 5 4 days of instruction and shall
11 cover the nature of the health risks, the medical effects of
12 exposure, federal and state asbestos laws and regulations,
13 legal and insurance considerations, contract specifications,
14 sampling and analytical methodology, worker protection, and
15 work area protection.
16 (b) A course in building asbestos surveys and
17 mechanical systems course. Such course shall consist of not
18 less than 3 days of instruction.
19 (c) An A course in asbestos management planning
20 course. Such course shall consist of not less than 2 days of
21 instruction.
22 (d) A course in respiratory protection course. Such
23 course shall consist of not less than 3 days of instruction.
24 (e) A project designer course. Such course shall
25 consist of not less than 3 days of instruction.
26 (3) When applying for licensure as as asbestos
27 contractor, successfully complete the following
28 department-approved courses:
29 (a) An asbestos contractor/supervisor course. Such
30 course shall consist of not less than 5 days of instruction.
31 (b) A respiratory protection course. Such course shall
25
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 consist of not less than 3 days of instruction.
2 (4)(3) Provide evidence of satisfactory work on 10
3 asbestos projects within the last 5 years.
4 (5)(4) Provide evidence of financial stability.
5 (6)(5) Pass a department-approved examination of
6 qualifications and knowledge relating to asbestos.
7 Section 15. Subsection (2) and paragraph (a) of
8 subsection (5) of section 469.006, Florida Statutes, are
9 amended to read:
10 469.006 Licensure of business organizations;
11 qualifying agents.--
12 (2)(a) If the applicant proposes to engage in
13 consulting or contracting as a partnership, corporation,
14 business trust, or other legal entity, or in any name other
15 than the applicant's legal name, the legal entity must apply
16 for licensure through a qualifying agent or the individual
17 applicant must apply for licensure under the fictitious name.
18 (b)(a) The application must state the name of the
19 partnership and of each of its partners, the name of the
20 corporation and of each of its officers and directors and the
21 name of each of its stockholders who is also an officer or
22 director, the name of the business trust and of each of its
23 trustees, or the name of such other legal entity and of each
24 of its members.
25 1. The application for primary qualifying agent must
26 include an affidavit on a form provided by the department
27 attesting that the applicant's signature is required on all
28 checks, drafts, or payments, regardless of the form of
29 payment, made by the entity, and that the applicant has final
30 approval authority for all construction work performed by the
31 entity.
26
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 2. The application for financially responsible officer
2 must include an affidavit on a form provided by the department
3 attesting that the applicant's signature is required on all
4 checks, drafts, or payments, regardless of the form of
5 payment, made by the entity, and that the applicant has
6 authority to act for the business organization in all
7 financial matters.
8 3. The application for secondary qualifying agent must
9 include an affidavit on a form provided by the department
10 attesting that the applicant has authority to supervise all
11 construction work performed by the entity as provided in s.
12 489.1195(2).
13 (c) As a prerequisite to the issuance of a license
14 under this section, the applicant shall submit the following:
15 1. An affidavit on a form provided by the department
16 attesting that the applicant has obtained workers'
17 compensation insurance as required by chapter 440, public
18 liability insurance, and property damage insurance, in amounts
19 determined by department rule. The department shall establish
20 by rule a procedure to verify the accuracy of such affidavits
21 based upon a random sample method.
22 2. Evidence of financial responsibility. The
23 department shall adopts rules to determine financial
24 responsibility which shall specify grounds on which the
25 department may deny licensure. Such criteria shall include,
26 but not be limited to, credit history and limits of
27 bondability and credit.
28 (d)(b) A joint venture, including a joint venture
29 composed of qualified business organizations, is itself a
30 separate and distinct organization that must be qualified in
31 accordance with department rules.
27
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (e)(c) The license, when issued upon application of a
2 business organization, must be in the name of the business
3 organization, and the name of the qualifying agent must be
4 noted thereon. If there is a change in any information that is
5 required to be stated on the application, the business
6 organization shall, within 45 days after such change occurs,
7 mail the correct information to the department.
8 (f)(d) The applicant must furnish evidence of
9 statutory compliance if a fictitious name is used, the
10 provisions of s. 865.09(7) notwithstanding.
11 (5)(a) Each asbestos consultant or contractor shall
12 affix the consultant's or contractor's signature seal, if any,
13 and license number to each construction document, plan, or any
14 other document prepared or approved for use by the licensee
15 which is related to any asbestos abatement project and filed
16 for public record with any governmental agency, and to any
17 offer, bid, or contract submitted to a client.
18 Section 16. Subsection (1) of section 469.013, Florida
19 Statutes, is amended to read:
20 469.013 Course requirements for asbestos surveyors,
21 management planners, and project monitors.--
22 (1) All asbestos surveyors, management planners, and
23 project monitors must comply with the requirements set forth
24 in this section prior to commencing such activities and must
25 also complete the a 1-day course of continuing education
26 necessary to maintain certification each year thereafter.
27 (a) Management planners must complete all requirements
28 of s. 469.005(2)(c) and (e).
29 (b) Asbestos surveyors must complete all requirements
30 of s. 469.005(2)(b).
31 (c) Project monitors must complete all requirements of
28
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 s. 469.005(2)(a) and must also complete an asbestos sampling
2 course which is equivalent to NIOSH Course 582.
3 Section 17. Section 469.014, Florida Statutes, is
4 amended to read:
5 469.014 Approval of asbestos training courses and
6 providers.--
7 (1) The department shall approve training courses and
8 the providers of such courses as are required under this
9 chapter. The department must also approve training courses and
10 the providers of such courses who offer training for persons
11 who are exempt from licensure as an asbestos contractor or
12 asbestos consultant under s. 469.002(3) 469.004(4).
13 (2)(1) The department shall, by rule, prescribe
14 criteria for approving training courses and course providers
15 and may by rule modify the training required by this chapter.
16 (3)(2) The department may enter into agreements with
17 other states for the reciprocal approval of training courses
18 or training-course providers.
19 (4)(3) The department shall, by rule, establish
20 reasonable fees in an amount not to exceed the cost of
21 evaluation, approval, and recordmaking and recordkeeping of
22 training courses and training-course providers.
23 (5)(4) The department may impose against a
24 training-course provider any penalty that it may impose
25 against a licensee under this chapter or s. 455.227, may
26 decline to approve courses, and may withdraw approval of
27 courses proposed by a provider who has, or whose agent has,
28 been convicted of, or pled guilty or nolo contendere to, or
29 entered into a stipulation or consent agreement relating to,
30 without regard to adjudication, any crime or administrative
31 violation in any jurisdiction which involves fraud, deceit, or
29
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 false or fraudulent representations made in the course of
2 seeking approval of or providing training courses.
3 Section 18. Section 469.015, Florida Statutes, is
4 repealed.
5 Section 19. Subsection (1) of section 255.551, Florida
6 Statutes, is amended to read:
7 255.551 Definitions; ss. 255.551-255.565.--As used in
8 ss. 255.551-255.565:
9 (1) "Abatement" means the removal, encapsulation, or
10 enclosure of asbestos, but does not include the removal of
11 bituminous resinous roofing systems or the removal of
12 resilient floor covering and its adhesive in accordance with
13 the licensing exemption in s. 469.002(3) 469.004(4).
14 Section 20. Section 376.60, Florida Statutes, is
15 amended to read:
16 376.60 Asbestos removal program inspection and
17 notification fee.--The Department of Environmental Protection
18 shall charge an inspection and notification fee, not to exceed
19 $300 for a small business as defined in s. 288.703(1), or
20 $1,000 for any other project, for any asbestos removal
21 project. Schools, colleges, universities, residential
22 dwellings, and those persons otherwise exempted from licensure
23 under s. 469.002(4) 469.004(7) are exempt from the fees. Any
24 fee collected must be deposited in the asbestos program
25 account in the Air Pollution Control Trust Fund to be used by
26 the department to administer its asbestos removal program.
27 (1) In those counties with approved local air
28 pollution control programs, the department shall return 80
29 percent of the asbestos removal program inspection and
30 notification fees collected in that county to the local
31 government quarterly, if the county requests it.
30
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (2) The fees returned to a county under subsection (1)
2 must be used only for asbestos-related program activities.
3 (3) A county may not levy any additional fees for
4 asbestos removal activity while it receives fees under
5 subsection (1).
6 (4) If a county has requested reimbursement under
7 subsection (1), the department shall reimburse the approved
8 local air pollution control program with 80 percent of the
9 fees collected in the county retroactive to July 1, 1994, for
10 asbestos-related program activities.
11 (5) If an approved local air pollution control program
12 that is providing asbestos notification and inspection
13 services according to 40 C.F.R. part 61, subpart M, and is
14 collecting fees sufficient to support the requirements of 40
15 C.F.R. part 61, subpart M, opts not to receive the
16 state-generated asbestos notification fees, the state may
17 discontinue collection of the state asbestos notification fees
18 in that county.
19 Section 21. Subsections (17) and (18) are added to
20 section 489.103, Florida Statutes, to read:
21 489.103 Exemptions.--This part does not apply to:
22 (17) The sale, delivery, assembly, or tie-down of
23 prefabricated portable sheds that are not more than 250 square
24 feet in interior size and are not intended for use as a
25 residence or as living quarters. This exemption may not be
26 construed to interfere with local building codes, local
27 licensure requirements, or other local ordinance provisions.
28 (18) Any one-family, two-family, or three-family
29 residence constructed by Habitat for Humanity International,
30 Inc., or its local affiliates. Habitat for Humanity
31 International, Inc., or its local affiliates, must:
31
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (a) Obtain all necessary building permits; and
2 (b) Obtain all required building inspections.
3 Section 22. Paragraphs (a), (d), (f), (g), (h), (i),
4 (l), and (n) of subsection (3) of section 489.105, Florida
5 Statutes, are amended, and subsection (19) is added to that
6 section, to read:
7 489.105 Definitions.--As used in this part:
8 (3) "Contractor" means the person who is qualified
9 for, and shall only be responsible for, the project contracted
10 for and means, except as exempted in this part, the person
11 who, for compensation, undertakes to, submits a bid to, or
12 does himself or herself or by others construct, repair, alter,
13 remodel, add to, demolish, subtract from, or improve any
14 building or structure, including related improvements to real
15 estate, for others or for resale to others; and whose job
16 scope is substantially similar to the job scope described in
17 one of the subsequent paragraphs of this subsection. For the
18 purposes of regulation under this part, "demolish" applies
19 only to demolition of steel tanks over 50 feet in height;
20 towers over 50 feet in height; other structures over 50 feet
21 in height, other than buildings or residences over three
22 stories tall; and buildings or residences over three stories
23 tall. Contractors are subdivided into two divisions, Division
24 I, consisting of those contractors defined in paragraphs
25 (a)-(c), and Division II, consisting of those contractors
26 defined in paragraphs (d)-(q):
27 (a) "General contractor" means a contractor whose
28 services are unlimited as to the type of work which he or she
29 may do, who may contract for any activity requiring licensure
30 under this part, and who may perform any work requiring
31 licensure under this part, except as otherwise expressly
32
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 provided in s. 489.113 this part.
2 (d) "Sheet metal contractor" means a contractor whose
3 services are unlimited in the sheet metal trade and who has
4 the experience, knowledge, and skill necessary for the
5 manufacture, fabrication, assembling, handling, erection,
6 installation, dismantling, conditioning, adjustment,
7 insulation, alteration, repair, servicing, or design, when not
8 prohibited by law, of ferrous or nonferrous metal work of U.S.
9 No. 10 gauge or its equivalent or lighter gauge and of other
10 materials, including, but not limited to, fiberglass, used in
11 lieu thereof and of air-handling systems, including the
12 setting of air-handling equipment and reinforcement of same,
13 and including the balancing of air-handling systems, and any
14 duct cleaning and equipment sanitizing which requires at least
15 a partial disassembling of the system.
16 (f) "Class A air-conditioning contractor" means a
17 contractor whose services are unlimited in the execution of
18 contracts requiring the experience, knowledge, and skill to
19 install, maintain, repair, fabricate, alter, extend, or
20 design, when not prohibited by law, central air-conditioning,
21 refrigeration, heating, and ventilating systems, including
22 duct work in connection with a complete system only to the
23 extent such duct work is performed by the contractor as is
24 necessary to make complete an air-distribution system, boiler
25 and unfired pressure vessel systems, and all appurtenances,
26 apparatus, or equipment used in connection therewith, and any
27 duct cleaning and equipment sanitizing which requires at least
28 a partial disassembling of the system; to install, maintain,
29 repair, fabricate, alter, extend, or design, when not
30 prohibited by law, piping, insulation of pipes, vessels and
31 ducts, pressure and process piping, and pneumatic control
33
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 piping; to replace, disconnect, or reconnect power wiring on
2 the load side of the dedicated existing electrical disconnect
3 switch; to install, disconnect, and reconnect low voltage
4 heating, ventilating, and air-conditioning control wiring; and
5 to install a condensate drain from an air-conditioning unit to
6 an existing safe waste or other approved disposal other than a
7 direct connection to a sanitary system. The scope of work for
8 such contractor shall also include any excavation work
9 incidental thereto, but shall not include any work such as
10 liquefied petroleum or natural gas fuel lines within
11 buildings, potable water lines or connections thereto,
12 sanitary sewer lines, swimming pool piping and filters, or
13 electrical power wiring.
14 (g) "Class B air-conditioning contractor" means a
15 contractor whose services are limited to 25 tons of cooling
16 and 500,000 Btu of heating in any one system in the execution
17 of 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 being
24 installed under this classification, and any duct cleaning and
25 equipment sanitizing which requires at least a partial
26 disassembling of the system; to install, maintain, repair,
27 fabricate, alter, extend, or design, when not prohibited by
28 law, piping and insulation of pipes, vessels, and ducts; to
29 replace, disconnect, or reconnect power wiring on the load
30 side of the dedicated existing electrical disconnect switch;
31 to install, disconnect, and reconnect low voltage heating,
34
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 ventilating, and air-conditioning control wiring; and to
2 install a condensate drain from an air-conditioning unit to an
3 existing safe waste or other approved disposal other than a
4 direct connection to a sanitary system. The scope of work for
5 such contractor shall also include any excavation work
6 incidental thereto, but shall not include any work such as
7 liquefied petroleum or natural gas fuel lines within
8 buildings, potable water lines or connections thereto,
9 sanitary sewer lines, swimming pool piping and filters, or
10 electrical power wiring.
11 (h) "Class C air-conditioning contractor" means a
12 contractor whose business is limited to the servicing of
13 air-conditioning, heating, or refrigeration systems, including
14 any duct cleaning and equipment sanitizing which requires at
15 least a partial disassembling of the system alterations in
16 connection with those systems he or she is servicing, and
17 whose certification or registration, issued pursuant to this
18 part, was valid on October 1, 1988. No person not previously
19 registered or certified as a Class C air-conditioning
20 contractor as of October 1, 1988, shall be so registered or
21 certified after October 1, 1988. However, the board shall
22 continue to license and regulate those Class C
23 air-conditioning contractors who held Class C licenses prior
24 to October 1, 1988.
25 (i) "Mechanical contractor" means a contractor whose
26 services are unlimited in the execution of contracts requiring
27 the experience, knowledge, and skill to install, maintain,
28 repair, fabricate, alter, extend, or design, when not
29 prohibited by law, central air-conditioning, refrigeration,
30 heating, and ventilating systems, including duct work in
31 connection with a complete system only to the extent such duct
35
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 work is performed by the contractor as is necessary to make
2 complete an air-distribution system, boiler and unfired
3 pressure vessel systems, lift station equipment and piping,
4 and all appurtenances, apparatus, or equipment used in
5 connection therewith, and any duct cleaning and equipment
6 sanitizing which requires at least a partial disassembling of
7 the system; to install, maintain, repair, fabricate, alter,
8 extend, or design, when not prohibited by law, piping,
9 insulation of pipes, vessels and ducts, pressure and process
10 piping, pneumatic control piping, gasoline tanks and pump
11 installations and piping for same, standpipes, air piping,
12 vacuum line piping, oxygen lines, nitrous oxide piping, ink
13 and chemical lines, fuel transmission lines, and natural gas
14 fuel lines within buildings; to replace, disconnect, or
15 reconnect power wiring on the load side of the dedicated
16 existing electrical disconnect switch; to install, disconnect,
17 and reconnect low voltage heating, ventilating, and
18 air-conditioning control wiring; and to install a condensate
19 drain from an air-conditioning unit to an existing safe waste
20 or other approved disposal other than a direct connection to a
21 sanitary system. The scope of work for such contractor shall
22 also include any excavation work incidental thereto, but shall
23 not include any work such as liquefied petroleum gas fuel
24 lines within buildings, potable water lines or connections
25 thereto, sanitary sewer lines, swimming pool piping and
26 filters, or electrical power wiring.
27 (l) "Swimming pool/spa servicing contractor" means a
28 contractor whose scope of work involves the servicing and
29 repair of any swimming pool or hot tub or spa, whether public
30 or private. The scope of such work may include any necessary
31 piping and repairs, replacement and repair of existing
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 equipment, or installation of new additional equipment as
2 necessary. The scope of such work includes the reinstallation
3 of tile and coping, repair and replacement of all piping,
4 filter equipment, and chemical feeders of any type,
5 replastering, reconstruction of decks, and reinstallation or
6 addition of pool heaters. The installation, construction,
7 modification, substantial or complete disassembly, or
8 replacement of equipment permanently attached to and
9 associated with the pool or spa for the purpose of water
10 treatment or cleaning of the pool or spa requires licensure;
11 however, the usage of such equipment for the purposes of water
12 treatment or cleaning shall not require licensure unless the
13 usage involves construction, modification, substantial or
14 complete disassembly, or replacement of such equipment. Water
15 treatment that does not require such equipment does not
16 require a license. In addition, a license shall not be
17 required for the cleaning of the pool or spa in any way that
18 does not affect the structural integrity of the pool or spa or
19 its associated equipment.
20 (n) "Underground utility and excavation contractor"
21 means a contractor whose services are limited to the
22 construction, installation, and repair, on public or private
23 property, whether accomplished through open excavations or
24 through other means, including, but not limited to,
25 directional drilling, auger boring, jacking and boring,
26 trenchless technologies, wet and dry taps, grouting, and slip
27 lining, of main sanitary sewer collection systems, main water
28 distribution systems, storm sewer collection systems, and the
29 continuation of utility lines from the main systems to a point
30 of termination up to and including the meter location for the
31 individual occupancy, sewer collection systems at property
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 line on residential or single-occupancy commercial properties,
2 or on multioccupancy properties at manhole or wye lateral
3 extended to an invert elevation as engineered to accommodate
4 future building sewers, water distribution systems, or storm
5 sewer collection systems at storm sewer structures. However,
6 an underground utility and excavation contractor may install
7 empty underground conduits in rights-of-way, easements,
8 platted rights-of-way in new site development, and sleeves for
9 parking lot crossings no smaller than 2 inches in diameter,
10 provided that each conduit system installed is designed by a
11 licensed professional engineer or an authorized employee of a
12 municipality, county, or public utility and that the
13 installation of any such conduit does not include installation
14 of any conductor wiring or connection to an energized
15 electrical system. An underground utility and excavation
16 contractor shall not install any piping that is an integral
17 part of a fire protection system as defined in s. 633.021(7)
18 beginning at the point where the piping is used exclusively
19 for such system.
20 (19) "Initial issuance" means the first time a
21 certificate or registration is granted to an individual or
22 business organization, including the first time an individual
23 becomes a qualifying agent for that business organization and
24 the first time a business organization is qualified by that
25 individual.
26 Section 23. Subsections (4) and (6) of section
27 489.107, Florida Statutes, are amended to read:
28 489.107 Construction Industry Licensing Board.--
29 (4) The board shall be divided into two divisions,
30 Division I and Division II.
31 (a) Division I is comprised of the general contractor,
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 building contractor, and residential contractor members of the
2 board; one of the members appointed pursuant to paragraph
3 (2)(j); and one of the members appointed pursuant to paragraph
4 (2)(k). Division I has jurisdiction over the examination and
5 regulation of general contractors, building contractors, and
6 residential contractors.
7 (b) Division II is comprised of the roofing
8 contractor, sheet metal contractor, air-conditioning
9 contractor, mechanical contractor, pool contractor, plumbing
10 contractor, and underground utility and excavation contractor
11 members of the board; one of the members appointed pursuant to
12 paragraph (2)(j); and one of the members appointed pursuant to
13 paragraph (2)(k). Division II has jurisdiction over the
14 examination and regulation of contractors defined in s.
15 489.105(3)(d)-(p).
16 (c) Jurisdiction for the examination and regulation of
17 specialty contractors defined in s. 489.105(3)(q) shall lie
18 with the division having jurisdiction over the scope of work
19 of the specialty contractor as defined by board rule.
20 (6) The Construction Industry Licensing Board and the
21 Electrical Contractors' Licensing Board shall each appoint a
22 committee to meet jointly in joint session at least twice a
23 year.
24 Section 24. Subsection (10) of section 489.113,
25 Florida Statutes, is amended to read:
26 489.113 Qualifications for practice; restrictions.--
27 (10) The addition of a new type of contractor or the
28 expansion of the scope of practice of any type of contractor
29 under this part shall not limit the scope of practice of any
30 existing type of contractor under this part unless the
31 Legislature expressly provides such a limitation.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
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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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
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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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
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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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
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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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
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 Section 29. Paragraph (a) of subsection (3) of section
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 489.119, Florida Statutes, is amended to read:
2 489.119 Business organizations; qualifying agents.--
3 (3)(a) The qualifying agent shall be certified or
4 registered under this part in order for the business
5 organization to be issued a certificate of authority in the
6 category of the business conducted for which the qualifying
7 agent is certified or registered. If any qualifying agent
8 ceases to be affiliated with such business organization, he or
9 she shall so inform the department. In addition, if such
10 qualifying agent is the only certified or registered
11 contractor affiliated with the business organization, the
12 business organization shall notify the department of the
13 termination of the qualifying agent and shall have 60 days
14 from the termination of the qualifying agent's affiliation
15 with the business organization in which to employ another
16 qualifying agent. The business organization may not engage in
17 contracting until a qualifying agent is employed, unless the
18 executive director or chair of the board has granted a
19 temporary nonrenewable certificate or registration to the
20 financially responsible officer, the president, a partner, or,
21 in the case of a limited partnership, the general partner, who
22 assumes all responsibilities of a primary qualifying agent for
23 the entity. This temporary certificate or registration shall
24 only allow the entity to proceed with incomplete contracts as
25 defined in s. 489.121. For the purposes of this paragraph, an
26 incomplete contract is one which has been awarded to, or
27 entered into by, the business organization prior to the
28 cessation of affiliation of the qualifying agent with the
29 business organization or one on which the business
30 organization was the low bidder and the contract is
31 subsequently awarded, regardless of whether any actual work
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 has commenced under the contract prior to the qualifying agent
2 ceasing to be affiliated with the business organization.
3 Section 30. Section 489.140, Florida Statutes, is
4 amended to read:
5 489.140 Construction Industries Recovery Fund.--There
6 is created the Florida Construction Industries Recovery Fund
7 as a separate account in the Professional Regulation Trust
8 Fund.
9 (1) The Florida Construction Industries Recovery Fund
10 shall be disbursed as provided in s. 489.143, on order of the
11 board, as reimbursement to any natural person adjudged by a
12 court of competent jurisdiction to have suffered monetary
13 damages, or to whom the licensee has been ordered to pay
14 restitution by the board, where the judgment or restitution
15 order is based on a violation of s. 489.129(1)(d), (h), (k),
16 or (l), committed by any contractor, financially responsible
17 officer, or business organization licensed under the
18 provisions of this part at the time the violation was
19 committed, and providing that the violation occurs after July
20 1, 1993.
21 (2) The Construction Industries Recovery Fund shall be
22 funded out of the receipts deposited in the Professional
23 Regulation Trust Fund from the one-half cent per square foot
24 surcharge on building permits collected and disbursed pursuant
25 to s. 468.631.
26 (3) In addition, any surplus of moneys collected from
27 the fines imposed by the board and collected by the department
28 shall be transferred into the Construction Industries Recovery
29 Fund.
30 Section 31. Section 489.141, Florida Statutes, is
31 amended to read:
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 489.141 Conditions for recovery; eligibility.--
2 (1) Any person is eligible to seek recovery from the
3 Construction Industries Recovery Fund after having made a
4 claim and exhausting the limits of any available bond, cash
5 bond, surety, guarantee, warranty, letter of credit, or policy
6 of insurance, if:
7 (a) Such person has received final judgment in a court
8 of competent jurisdiction in this state in any action wherein
9 the cause of action was based on a construction contract or
10 the Construction Industry Licensing Board has issued a final
11 order directing the licensee to pay restitution to the
12 claimant based upon a violation of s. 489.129(1)(d), (h), (k),
13 or (l), where the contract was executed and the violation
14 occurred on or after July 1, 1993, and provided that:
15 1. At the time the action was commenced, such person
16 gave notice thereof to the board by certified mail; except
17 that, if no notice has been given to the board, the claim may
18 still be honored if the board finds good cause to waive the
19 notice requirement;
20 1.a.2. Such person has caused to be issued a writ of
21 execution upon such judgment, and the officer executing the
22 writ has made a return showing that no personal or real
23 property of the judgment debtor or licensee liable to be
24 levied upon in satisfaction of the judgment can be found or
25 that the amount realized on the sale of the judgment debtor's
26 or licensee's property pursuant to such execution was
27 insufficient to satisfy the judgment; or
28 b.3. If such person is unable to comply with
29 sub-subparagraph a. subparagraph 2. for a valid reason to be
30 determined by the board, such person has made all reasonable
31 searches and inquiries to ascertain whether the judgment
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 debtor or licensee is possessed of real or personal property
2 or other assets subject to being sold or applied in
3 satisfaction of the judgment and by his or her search has
4 discovered no property or assets or has discovered property
5 and assets and has taken all necessary action and proceedings
6 for the application thereof to the judgment but the amount
7 thereby realized was insufficient to satisfy the judgment; or
8 2.(b) The claimant has made a diligent attempt, as
9 defined by board rule, to collect the restitution awarded by
10 the board; and
11 (b)(c) A claim for recovery is made within 2 years
12 from the time of the act giving rise to the claim or within 2
13 years from the time the act is discovered or should have been
14 discovered with the exercise of due diligence; however, in no
15 event may a claim for recovery be made more than 4 years after
16 the date of the act giving rise to the claim or more than 1
17 year after the conclusion of any civil or administrative
18 action based on the act, whichever is later; and
19 (c)(d) Any amounts recovered by such person from the
20 judgment debtor or licensee, or from any other source, have
21 been applied to the damages awarded by the court or the amount
22 of restitution ordered by the board; and
23 (d)(e) Such person is not a person who is precluded by
24 this act from making a claim for recovery.
25 (2) A person is not qualified to make a claim for
26 recovery from the Construction Industries Recovery Fund, if:
27 (a) The claimant is the spouse of the judgment debtor
28 or licensee or a personal representative of such spouse;
29 (b) The claimant is a licensee certificateholder or
30 registrant who acted as the contractor in the transaction
31 which is the subject of the claim;
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (c) Such person's claim is based upon a construction
2 contract in which the licensee certificateholder or registrant
3 was acting with respect to the property owned or controlled by
4 the licensee certificateholder or registrant;
5 (d) Such person's claim is based upon a construction
6 contract in which the contractor did not hold a valid and
7 current license at the time of the construction contract; or
8 (e) Such person was associated in a business
9 relationship with the licensee certificateholder or registrant
10 other than the contract at issue.
11 (f) Such person has suffered damages as the result of
12 making improper payments to a contractor as defined in chapter
13 713, part I.
14 Section 32. Section 489.142, Florida Statutes, is
15 amended to read:
16 489.142 Board powers relating to recovery upon
17 notification of commencement of action.--With respect to
18 actions for recovery from the Construction Industries Recovery
19 Fund When the board receives certified notice of any action,
20 as required by s. 489.141(1)(a), the board may intervene,
21 enter an appearance, file an answer, defend the action, or
22 take any action it deems appropriate and may take recourse
23 through any appropriate method of review on behalf of the
24 State of Florida.
25 Section 33. Section 489.143, Florida Statutes, is
26 amended to read:
27 489.143 Payment from the fund.--
28 (1) Any person who meets all of the conditions
29 prescribed in s. 489.141(1) may apply to the board to cause
30 payment to be made to such person from the Construction
31 Industries Recovery Fund in an amount equal to the judgment or
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 restitution order, exclusive of postjudgment interest, against
2 the licensee certificateholder or $25,000, whichever is less,
3 or an amount equal to the unsatisfied portion of such person's
4 judgment or restitution order, exclusive of postjudgment
5 interest, or $25,000, whichever is less, but only to the
6 extent and amount reflected in the judgment or restitution
7 order as being actual or compensatory damages. The fund is not
8 obligated to pay any portion of any judgment, or any judgment
9 or restitution order, or any portion thereof, which is not
10 expressly based on one of the grounds for recovery set forth
11 in s. 489.140(1).
12 (2) Upon receipt by a claimant under subsection (1) of
13 payment from the Construction Industries Recovery Fund, the
14 claimant shall assign his or her additional right, title, and
15 interest in the judgment or restitution order, to the extent
16 of such payment, to the board, and thereupon the board shall
17 be subrogated to the right, title, and interest of the
18 claimant; and any amount subsequently recovered on the
19 judgment or restitution order by the board, to the extent of
20 the right, title, and interest of the board therein, shall be
21 for the purpose of reimbursing the Construction Industries
22 Recovery Fund.
23 (3) Payments for claims arising out of the same
24 transaction shall be limited, in the aggregate, to $25,000,
25 regardless of the number of claimants involved in the
26 transaction.
27 (4) Payments for claims against any one licensee
28 certificateholder or registrant shall not exceed, in the
29 aggregate, $100,000.
30 (5) Claims shall be paid in the order filed, up to the
31 aggregate limits for each transaction and licensee and to the
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 limits of the amount appropriated to pay claims against the
2 fund for the fiscal year in which the claims were filed.
3 (6) If the annual appropriation is exhausted with
4 claims pending, such claims shall be carried forward to the
5 next fiscal year. Any moneys in excess of pending claims
6 remaining in the Construction Industries Recovery Fund at the
7 end of the fiscal year shall be paid as provided in s.
8 468.631.
9 (5) If at any time the claims pending against the fund
10 exceed 80 percent of the fund balance plus anticipated revenue
11 for the next two quarters, the board shall accept no further
12 claims until such time as the board is given express
13 authorization and funding from the Legislature.
14 (7)(6) Upon the payment of any amount from the
15 Construction Industries Recovery Fund in settlement of a claim
16 in satisfaction of a judgment or restitution order against a
17 licensee certificateholder as described in s. 489.141(1), the
18 license of such licensee certificateholder shall be
19 automatically suspended, without further administrative
20 action, upon the date of payment from the fund. The license of
21 such licensee certificateholder shall not be reinstated until
22 he or she has repaid in full, plus interest, the amount paid
23 from the fund. A discharge of bankruptcy does not relieve a
24 person from the penalties and disabilities provided in this
25 section.
26 Section 34. Subsection (14) of section 489.503,
27 Florida Statutes, is amended, and subsections (17), (18), and
28 (19) are added to that section, to read:
29 489.503 Exemptions.--This part does not apply to:
30 (14) The installation of, repair of, alteration of,
31 addition to, or design of electrical wiring, fixtures,
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 appliances, thermostats, apparatus, raceways, and conduit, or
2 any part thereof, when those items are for the purpose of
3 transmitting data, voice communications, or commands as part
4 of:
5 (a) A system of telecommunications, including
6 computers, telephone customer premises equipment, or premises
7 wiring; or
8 (b) A cable television, community antenna television,
9 or radio distribution system.
10
11 The scope of this exemption is limited to electrical circuits
12 and equipment governed by the applicable provisions of
13 Articles 725 (Classes 2 and 3 circuits only), 770, 800, 810,
14 and 820 of the National Electrical Code, current edition, or
15 47 C.F.R. part 68. Additionally, a company certified under
16 chapter 364 is not subject to any local ordinance that
17 requires a permit for work performed by its employees related
18 to low voltage electrical work, including related technical
19 codes and regulations. This exemption shall apply only if such
20 work is requested by the company's customer, is required in
21 order to complete phone service, is incidental to provision of
22 telecommunication service as required by chapter 364, and is
23 not actively competitive in nature or the subject of a
24 competitive bid. The definition of "employee" established in
25 subsection (1) applies to this exemption and does not include
26 subcontractors.
27 (17) The monitoring of an alarm system without fee by
28 a direct employee of a law enforcement agency or of a county,
29 municipal, or special-district fire department or by a law
30 enforcement officer or fire official acting in an official
31 capacity.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (18) The monitoring of an alarm system by a direct
2 employee of any state or federally chartered financial
3 institution, as defined in s. 655.005(1)(h), or any parent,
4 affiliate, or subsidiary thereof, so long as:
5 (a) The institution is subject to, and in compliance
6 with, s. 3 of the Federal Bank Protection Act of 1968, 12
7 U.S.C. s. 1882;
8 (b) The alarm system is in compliance with all
9 applicable firesafety standards as set forth in chapter 633;
10 and
11 (c) The monitoring is limited to an alarm system
12 associated with:
13 1. The commercial property where banking operations
14 are housed or where other operations are conducted by a state
15 or federally chartered financial institution, as defined in s.
16 655.005(1)(h), or any parent, affiliate, or subsidiary
17 thereof; or
18 2. The private property occupied by the institution's
19 executive officers, as defined in s. 655.005(1)(f),
20
21 and does not otherwise extend to the monitoring of residential
22 systems.
23 (19) The monitoring of an alarm system of a business
24 by the direct employees of that business, so long as:
25 (a) The alarm system is the exclusive property of, or
26 is leased by, the business;
27 (b) The alarm system complies with all applicable
28 firesafety standards as set forth in chapter 633; and
29 (c) The alarm system is designed to protect only the
30 commercial premises leased by the business endeavor or
31 commercial premises owned by the business endeavor and not
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 leased to another.
2
3 This exemption is intended to allow businesses to monitor
4 their own alarm systems and is not limited to monitoring a
5 single location of that business. However, it is not intended
6 to enable the owner of any apartment complex, aggregate
7 housing, or commercial property to monitor alarm systems on
8 property leased or rented to the residents, clients, or
9 customers thereof.
10 Section 35. Subsection (24) of section 489.505,
11 Florida Statutes, is repealed, subsections (1), (7), (19), and
12 (23) are amended, present subsections (25), (26), and (27) are
13 redesignated as subsections (24), (25), and (26),
14 respectively, and new subsections (27) and (28) are added to
15 that section, to read:
16 489.505 Definitions.--As used in this part:
17 (1) "Alarm system" means any electrical device,
18 signaling device, or combination of electrical devices used to
19 signal or detect a situation which causes an alarm in the
20 event of a burglary, fire, robbery, or medical emergency, or
21 equipment failure.
22 (7) "Certified alarm system contractor" means an alarm
23 system contractor who possesses a certificate of competency
24 issued by the department. The scope of certification is
25 limited to alarm circuits originating in the alarm control
26 panel and equipment governed by the applicable provisions of
27 Articles 725, 760, 770, 800, and 810 of the National
28 Electrical Code, Current Edition, and National Fire Protection
29 Association Standard 72, Current Edition. The scope of
30 certification for alarm system contractors also includes the
31 installation, repair, fabrication, erection, alteration,
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 addition, or design of electrical wiring, fixtures,
2 appliances, thermostats, apparatus, raceways, and conduit, or
3 any part thereof not to exceed 77 volts, when those items are
4 for the purpose of transmitting data or proprietary video
5 (satellite systems that are not part of a community antenna
6 television or radio distribution system) or providing central
7 vacuum capability or electric locks; however, this provision
8 governing the scope of certification does not create any
9 mandatory licensure requirement.
10 (19) "Specialty contractor" means a contractor whose
11 scope of practice is limited to a specific segment of
12 electrical or alarm system contracting, including, but not
13 limited to, residential electrical contracting, maintenance of
14 electrical fixtures, installation and maintenance of
15 elevators, and fabrication, erection, installation, and
16 maintenance of electrical outdoor advertising signs together
17 with the interrelated parts and supports thereof. Categories
18 of specialty contractor shall be established by board rule.
19 (23) "Registered residential alarm system contractor"
20 means an alarm system contractor whose business is limited to
21 burglar alarm systems in single-family residential, quadruplex
22 housing, and mobile homes and to fire alarm systems of a
23 residential occupancy class and who is registered with the
24 department pursuant to s. 489.513 or s. 489.537(8). The board
25 shall define "residential occupancy class" by rule. A
26 registered residential alarm system contractor may contract
27 only in the jurisdiction for which his or her registration is
28 issued.
29 (24) "Limited burglar alarm system contractor" means
30 an alarm system contractor whose business is limited to the
31 installation of burglar alarms in single-family homes and
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 two-family homes, mobile homes, and small commercial buildings
2 having a square footage of not more than 5,000 square feet and
3 who is registered with the department pursuant to s. 489.513
4 or s. 489.537(8).
5 (24)(25) "Licensure" means any type of certification
6 or registration provided for in this part.
7 (25)(26) "Burglar alarm system agent" means a person:
8 (a) Who is employed by a licensed alarm system
9 contractor or licensed electrical contractor;
10 (b) Who is performing duties which are an element of
11 an activity which constitutes alarm system contracting
12 requiring licensure under this part; and
13 (c) Whose specific duties include any of the
14 following: altering, installing, maintaining, moving,
15 repairing, replacing, servicing, selling onsite, or monitoring
16 an intrusion or burglar alarm system for compensation.
17 (26)(27) "Personal emergency response system" means
18 any device which is simply plugged into a telephone jack or
19 electrical receptacle and which is designed to initiate a
20 telephone call to a person who responds to, or has a
21 responsibility to determine the proper response to, personal
22 emergencies.
23 (27) "Monitoring" means to receive electrical or
24 electronic signals, originating from any building within the
25 state, produced by any security, medical, fire, or burglar
26 alarm, closed circuit television camera, or related or similar
27 protective system and to initiate a response thereto. A
28 person shall not have committed the act of monitoring if:
29 (a) The person is an occupant of, or an employee
30 working within, protected premises;
31 (b) The person initiates emergency action in response
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 to hearing or observing an alarm signal;
2 (c) The person's action is incidental to his or her
3 primary responsibilities; and
4 (d) The person is not employed in a proprietary
5 monitoring facility, as defined by the National Fire
6 Protection Association pursuant to rule adopted under chapter
7 633.
8 (28) "Fire alarm system agent" means a person:
9 (a) Who is employed by a licensed fire alarm
10 contractor or certified unlimited electrical contractor;
11 (b) Who is performing duties which are an element of
12 an activity that constitutes fire alarm system contracting
13 requiring certification under this part; and
14 (c) Whose specific duties include any of the
15 following: altering, installing, maintaining, moving,
16 repairing, replacing, servicing, selling onsite, or monitoring
17 a fire alarm system for compensation.
18 Section 36. Subsection (5) of section 489.507, Florida
19 Statutes, is amended to read:
20 489.507 Electrical Contractors' Licensing Board.--
21 (5) The Electrical Contractors' Licensing Board and
22 the Construction Industry Licensing Board shall each appoint a
23 committee to meet jointly in joint session at least twice a
24 year.
25 Section 37. Section 489.509, Florida Statutes, is
26 amended to read:
27 489.509 Fees.--
28 (1) The board, by rule, shall establish fees to be
29 paid for applications, examination, reexamination, transfers,
30 licensing and renewal, reinstatement, and recordmaking and
31 recordkeeping. The examination fee shall be in an amount that
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 covers the cost of obtaining and administering the examination
2 and shall be refunded if the applicant is found ineligible to
3 sit for the examination. The application fee is nonrefundable.
4 The fee for initial application and examination for
5 certification of electrical contractors may not exceed $400.
6 The initial application fee for registration may not exceed
7 $150. The biennial renewal fee may not exceed $400 for
8 certificateholders and $200 for registrants, and shall be paid
9 by June 30 of each biennial period. The fee for initial
10 application and examination for certification of alarm system
11 contractors may not exceed $400. The biennial renewal fee for
12 certified alarm system contractors may not exceed $450. The
13 board may establish a fee for a temporary certificate as an
14 alarm system contractor not to exceed $75. The board may also
15 establish by rule a delinquency fee not to exceed $50. Failure
16 to renew an active or inactive certificate or registration
17 within 90 days after the date of renewal will result in the
18 certificate or registration becoming delinquent. The fee to
19 transfer a certificate or registration from one business
20 organization to another may not exceed $200. The fee for
21 reactivation of an inactive license may not exceed $50. The
22 board shall establish fees that are adequate to ensure the
23 continued operation of the board. Fees shall be based on
24 department estimates of the revenue required to implement this
25 part and the provisions of law with respect to the regulation
26 of electrical contractors and alarm system contractors.
27 (2) A person who is registered or holds a valid
28 certificate from the board may go on inactive status during
29 which time he or she shall not engage in contracting, but may
30 retain the certificate or registration on an inactive basis,
31 on payment of a renewal fee during the inactive period, not to
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 exceed $50 per renewal period.
2 (3) Four dollars of each fee under subsection (1) paid
3 to the department at the time of application or renewal shall
4 be transferred at the end of each licensing period to the
5 Department of Education to fund projects relating to the
6 building construction industry or continuing education
7 programs offered to persons engaged in the building
8 construction industry in Florida. The board shall, at the time
9 the funds are transferred, advise the Department of Education
10 on the most needed areas of research or continuing education
11 based on significant changes in the industry's practices or on
12 the most common types of consumer complaints or on problems
13 costing the state or local governmental entities substantial
14 waste. The board's advice is not binding on the Department of
15 Education. The Department of Education must allocate 50
16 percent of the funds to a graduate program in building
17 construction in a Florida university and 50 percent of the
18 funds to all accredited private and state universities and
19 community colleges within the state offering approved courses
20 in building construction, with each university or college
21 receiving a pro rata share of such funds based upon the number
22 of full-time building construction students enrolled at the
23 institution. The Department of Education shall ensure the
24 distribution of research reports and the availability of
25 continuing education programs to all segments of the building
26 construction industry to which they relate. The Department of
27 Education shall report to the board in October of each year,
28 summarizing the allocation of the funds by institution and
29 summarizing the new projects funded and the status of
30 previously funded projects. The Commissioner of Education is
31 directed to appoint one electrical contractor and one
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 certified alarm system contractor to the Building Construction
2 Industry Advisory Committee.
3 Section 38. Paragraph (a) of subsection (2),
4 subsection (3), and paragraph (b) of subsection (5) of section
5 489.511, Florida Statutes, are amended to read:
6 489.511 Certification; application; examinations;
7 endorsement.--
8 (2)(a) A person shall be entitled to take the
9 certification examination for the purpose of determining
10 whether he or she is qualified to engage in contracting
11 throughout the state as a contractor if the person:
12 1. Is at least 18 years of age;
13 2. Is of good moral character; and
14 3. Meets eligibility requirements according to one of
15 the following criteria:
16 a. Has, within the 6 years immediately preceding the
17 filing of the application, at least 3 years' proven management
18 experience in the trade or education equivalent thereto, or a
19 combination thereof, but not more than one-half of such
20 experience may be educational equivalent;
21 b. Has, within the 8 years immediately preceding the
22 filing of the application, at least 4 years' experience as a
23 foreman, supervisor, or contractor in the trade for which he
24 or she is making application;
25 c. Has, within the 12 years immediately preceding the
26 filing of the application, at least 6 years of comprehensive
27 training, technical education, or supervisory broad experience
28 associated with an electrical or alarm system contracting
29 business, or at least 6 years of technical experience in
30 electrical or alarm system work with the Armed Forces or a
31 governmental entity installation or servicing endeavor; or
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 d. Has, within the 12 years immediately preceding the
2 filing of the application, been licensed for 3 years as a
3 professional an engineer who is qualified by education,
4 training, or experience to practice electrical engineering; or
5 e. Has any combination of qualifications under
6 sub-subparagraphs a.-c. totaling 6 years of experience.
7 (3) On or after October 1, 1998, every applicant who
8 is qualified shall be allowed to take the examination three
9 times, notwithstanding the number of times the applicant has
10 previously failed the examination. If an applicant fails the
11 examination three times after October 1, 1998, the board shall
12 require the applicant to complete additional college-level or
13 technical education courses in the areas of deficiency, as
14 determined by the board, as a condition of future eligibility
15 to take the examination. The applicant must also submit a new
16 application that meets all certification requirements at the
17 time of its submission and must pay all appropriate fees. Any
18 registered unlimited electrical contractor or certified or
19 registered specialty contractor who, prior to October 1, 1987,
20 passed an examination determined by the board to be
21 substantially equivalent to the examination required for
22 certification as either an unlimited electrical contractor or
23 an alarm system contractor and who has satisfied the other
24 requirements of this section shall be certified as an alarm
25 system contractor I without further examination.
26 (5)
27 (b) For those specialty electrical or alarm system
28 contractors applying for certification under this part who
29 work in jurisdictions that do not require local licensure for
30 those activities for which the applicant desires to be
31 certified, the experience requirement may be met by
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 demonstrating at least 6 years of comprehensive training,
2 technical education, or supervisory broad experience, within
3 the 12 years immediately preceding the filing of the
4 application, in the type of specialty electrical or alarm
5 system work for which certification is desired. An affidavit
6 signed by the applicant's employer stating that the applicant
7 performed the work required under this paragraph shall be
8 sufficient to demonstrate to the board that the applicant has
9 met the experience requirement.
10 Section 39. Subsection (3) of section 489.513, Florida
11 Statutes, is amended to read:
12 489.513 Registration; application; requirements.--
13 (3)(a) To be registered as an electrical contractor,
14 the applicant shall file evidence of holding a current
15 occupational license or a current license issued by any
16 municipality or county of the state for the type of work for
17 which registration is desired, on a form provided by the
18 department, together with evidence of successful compliance
19 with the local examination and licensing requirements, if any,
20 in the area for which registration is desired, accompanied by
21 the registration fee fixed pursuant to this part. No
22 examination may be required for registration as an electrical
23 contractor except for any examination required by a local
24 government to obtain the local licensure.
25 (b) To be registered as an electrical contractor, an
26 alarm system contractor I, an alarm system contractor II, or a
27 residential alarm system contractor, the applicant shall file
28 evidence of holding a current occupational license or a
29 current license issued by any municipality or county of the
30 state for the type of work for which registration is desired,
31 on a form provided by the department, if such a license is
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 required by that municipality or county, together with
2 evidence of having passed an appropriate local examination,
3 written or oral, designed to test skills and knowledge
4 relevant to the technical performance of the profession,
5 accompanied by the registration fee fixed pursuant to this
6 part. For any person working or wishing to work in any local
7 jurisdiction which does not issue a local license as an
8 electrical or alarm system contractor or does not require an
9 examination for its license, the applicant may apply and shall
10 be considered qualified to be issued a registration in the
11 appropriate electrical or alarm system category, provided that
12 he or she shows that he or she has scored at least 75 percent
13 on an examination which is substantially equivalent to the
14 examination approved by the board for certification in the
15 category and that he or she has had at least 3 years'
16 technical experience in the trade. The requirement to take and
17 pass an examination in order to obtain a registration shall
18 not apply to persons making application prior to the effective
19 date of this act.
20 Section 40. Subsections (4) and (5) are added to
21 section 489.517, Florida Statutes, to read:
22 489.517 Renewal of certificate or registration;
23 continuing education.--
24 (4)(a) If a certificateholder or registrant holds a
25 license under both this part and part I and is required to
26 have continuing education courses under s. 489.115(4)(b)1.,
27 the certificateholder or registrant may apply those course
28 hours for workers' compensation, workplace safety, and
29 business practices obtained under part I to the requirements
30 under this part.
31 (b) Of the 14 classroom hours of continuing education
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 required, at least 7 hours must be on technical subjects, 1
2 hour on workers' compensation, 1 hour on workplace safety, and
3 1 hour on business practices.
4 (5) By applying for renewal, each certificateholder or
5 registrant certifies that he or she has continually maintained
6 the required amounts of public liability and property damage
7 insurance as specified by board rule. The board shall
8 establish by rule a procedure to verify the public liability
9 and property damage insurance for a specified period, based
10 upon a random sampling method.
11 Section 41. Section 489.519, Florida Statutes, is
12 amended to read:
13 489.519 Inactive status.--
14 (1) A certificate or registration that has become
15 inactive may be reactivated under s. 489.517 upon application
16 to the department. The board may prescribe, by rule,
17 continuing education requirements as a condition of
18 reactivating a certificate or registration. The continuing
19 education requirements for reactivating a certificate or
20 registration may not exceed 12 classroom hours for each year
21 the certificate or registration was inactive.
22 (2) Notwithstanding any provision of s. 455.271 to the
23 contrary, a certificateholder or registrant may apply to the
24 department for voluntary inactive status at any time during
25 the period of certification or registration.
26 (3)(2) The board shall impose, by rule, continuing
27 education requirements for voluntary inactive
28 certificateholders, when voluntary inactive status is sought
29 by certificateholders who are also building code
30 administrators, plans examiners, or inspectors certified
31 pursuant to part XIII of chapter 468.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (4) After January 1, 1999, any person who passes the
2 certification examination must submit an application either to
3 qualify a business or to place the person's license on
4 inactive status.
5 Section 42. Section 489.521, Florida Statutes, is
6 amended to read:
7 489.521 Business organizations; qualifying agents.--
8 (1) If an individual proposes to engage in contracting
9 as a sole proprietorship, certification, when granted, shall
10 be issued only in the name of that individual. If a fictitious
11 name is used, the applicant shall furnish evidence of
12 statutory compliance.
13 (2)(a)1. If the applicant proposing to engage in
14 contracting is a partnership, corporation, business trust, or
15 other legal entity, other than a sole proprietorship, the
16 application shall state the name of the partnership and its
17 partners; the name of the corporation and its officers and
18 directors and the name of each of its stockholders who is also
19 an officer or director; the name of the business trust and its
20 trustees; or the name of such other legal entity and its
21 members. In addition, the applicant shall furnish evidence of
22 statutory compliance if a fictitious name is used. Such
23 application shall also show that the qualifying agent is
24 legally qualified to act for the business organization in all
25 matters connected with its electrical or alarm system
26 contracting business and that he or she has authority to
27 supervise electrical or alarm system contracting undertaken by
28 such business organization. A joint venture, including a joint
29 venture composed of qualified business organizations, is
30 itself a separate and distinct organization that shall be
31 qualified in accordance with board rules. The registration or
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 certification, when issued upon application of a business
2 organization, shall be in the name of the qualifying agent,
3 and the name of the business organization shall be noted
4 thereon. If there is a change in any information that is
5 required to be stated on the application, the business
6 organization shall, within 45 days after such change occurs,
7 mail the correct information to the department.
8 2. Any person certified or registered pursuant to this
9 part who has had his or her license revoked shall not be
10 eligible for a 5-year period to be a partner, officer,
11 director, or trustee of a business organization as defined by
12 this section. Such person shall also be ineligible to reapply
13 for certification or registration under this part for a period
14 of 5 years.
15 (b) The applicant application shall also show that the
16 proposed qualifying agent is legally qualified to act for the
17 business organization in all matters connected with its
18 electrical or alarm system contracting business and concerning
19 regulations by the board and that he or she has authority to
20 supervise electrical or alarm system contracting work
21 undertaken by the business organization.
22 (c) The proposed qualifying agent shall demonstrate
23 that he or she possesses the required skill, knowledge, and
24 experience to qualify the business organization in the
25 following manner:
26 1. Having met the qualifications provided in s.
27 489.511 and been issued a certificate of competency pursuant
28 to the provisions of s. 489.511; or
29 2. Having demonstrated that he or she possesses the
30 required experience and education requirements provided in s.
31 489.511 which would qualify him or her as eligible to take the
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 certification examination.
2 (3)(a) The applicant business organization shall
3 furnish evidence of financial responsibility, credit, and
4 business reputation of the business organization, as well as
5 the name of the qualifying agent. The board shall adopt rules
6 defining financial responsibility based upon the business
7 organization's credit history, ability to be bonded, and any
8 history of bankruptcy or assignment of receivers. Such rules
9 shall specify the financial responsibility grounds on which
10 the board may determine that a business organization is not
11 qualified to engage in contracting.
12 (b) In the event a qualifying agent must take the
13 certification examination, the board shall, within 60 days
14 from the date of the examination, inform the business
15 organization in writing whether or not its qualifying agent
16 has qualified.
17 (c) If the qualifying agent of a business organization
18 applying to engage in contracting, after having been notified
19 to do so, does not appear for examination within 1 year from
20 the date of filing of the application, the examination fee
21 paid by it shall be credited as an earned fee to the
22 department. A new application to engage in contracting shall
23 be accompanied by another application fee fixed pursuant to
24 this act. Forfeiture of a fee may be waived by the board for
25 good cause.
26 (d) Once the board has determined that the business
27 organization's proposed qualifying agent has qualified, the
28 business organization shall be authorized to engage in the
29 contracting business. The certificate, when issued, shall be
30 in the name of the qualifying agent, and the name of the
31 business organization shall be noted thereon.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (4) As a prerequisite to the initial issuance or the
2 renewal of a certificate, the applicant certificateholder or
3 the business organization he or she qualifies shall submit
4 evidence an affidavit on a form provided by the board
5 attesting to the fact that he or she or the business
6 organization has obtained public liability and property damage
7 insurance for the safety and welfare of the public in an
8 amount to be determined by board rule by the board. The board
9 shall by rule establish a procedure to verify the accuracy of
10 such affidavits based upon a random sample method. In addition
11 to the affidavit of insurance, as a prerequisite to the
12 initial issuance of a certificate, the applicant shall furnish
13 evidence of financial responsibility, credit, and business
14 reputation of either himself or herself or the business
15 organization he or she desires to qualify. The board shall
16 adopt rules defining financial responsibility based upon the
17 credit history, ability to be bonded, and any history of
18 bankruptcy or assignment of receivers. Such rules shall
19 specify the financial responsibility grounds on which the
20 board may refuse to qualify an applicant to engage in the
21 contracting business. If, within 60 days from the date the
22 certificateholder or business organization is notified that he
23 or she has qualified, he or she does not provide the evidence
24 required, he or she shall apply to the department for an
25 extension of time which shall be granted upon a showing of
26 just cause. Thereupon, the board shall certify to the
27 department that the certificateholder or the business
28 organization is competent and qualified to engage in
29 contracting. However, the provisions of this subsection do not
30 apply to inactive certificates.
31 (5) At least one officer member or supervising
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 employee of the business organization must be qualified under
2 this act in order for the business organization to be
3 qualified to engage in contracting in the category of the
4 business conducted for which the member or supervising
5 employee is qualified. If any individual so qualified on
6 behalf of the business organization ceases to qualify be
7 affiliated with the business organization, he or she shall
8 notify the board and the department thereof within 30 days
9 after such occurrence. In addition, if the individual is the
10 only qualified individual who qualifies affiliated with the
11 business organization, the business organization shall notify
12 the board and the department of the individual's termination,
13 and it shall have a period of 60 days from the termination of
14 the individual individual's affiliation with the business
15 organization in which to qualify another person under the
16 provision of this act, failing which, the board shall
17 determine that the business organization is no longer
18 qualified to engage in contracting. The individual shall also
19 inform the board in writing when he or she proposes to engage
20 in contracting in his or her own name or in affiliation with
21 another business organization, and the individual, or such new
22 business organization, shall supply the same information to
23 the board as required for applicants under this act. After an
24 investigation of the financial responsibility, credit, and
25 business reputation of the individual or the new business
26 organization and upon a favorable determination, the board
27 shall certify the business organization as qualified, and the
28 department shall issue, without examination, a new certificate
29 in the individual's name, which shall include the name of the
30 new business organization, as provided in this section.
31 (6) When a business organization qualified to engage
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 in contracting makes application for an occupational license
2 in any municipality or county of this state, the application
3 shall be made with the tax collector in the name of the
4 business organization, and the license, when issued, shall be
5 issued to the business organization upon payment of the
6 appropriate licensing fee and exhibition to the tax collector
7 of a valid certificate issued by the department.
8 (7)(a) Each registered or certified contractor shall
9 affix the number of his or her registration or certification
10 to each application for a building permit and to each building
11 permit issued and recorded. Each city or county building
12 department shall require, as a precondition for the issuance
13 of a building permit, that the contractor applying for the
14 permit provide verification giving the number of his or her
15 registration or certification under this part.
16 (b) The registration or certification number of a
17 contractor shall be stated in each offer of services, business
18 proposal, or advertisement, regardless of medium, used by that
19 contractor. For the purposes of this part, the term
20 "advertisement" does not include business stationery or any
21 promotional novelties such as balloons, pencils, trinkets, or
22 articles of clothing. The board shall assess a fine of not
23 less than $100 or issue a citation to any contractor who fails
24 to include that contractor's certification or registration
25 number when submitting an advertisement for publication,
26 broadcast, or printing. In addition, any person who claims in
27 any advertisement to be a certified or registered contractor,
28 but who does not hold a valid state certification or
29 registration, commits a misdemeanor of the second degree,
30 punishable as provided in s. 775.082 or s. 775.083.
31 (8) Each qualifying agent shall pay the department an
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 amount equal to the original fee for certification or
2 registration to qualify any additional business organizations.
3 If the qualifying agent for a business organization desires to
4 qualify additional business organizations, the board shall
5 require him or her to present evidence of supervisory ability
6 and financial responsibility of each such organization.
7 Allowing a licensee to qualify more than one business
8 organization shall be conditioned upon the licensee showing
9 that the licensee has both the capacity and intent to
10 adequately supervise each business organization in accordance
11 with s. 489.522(1). The board shall not limit the number of
12 business organizations which the licensee may qualify except
13 upon the licensee's failing to provide such information as is
14 required under this subsection or upon a finding that such
15 information or evidence as is supplied is incomplete or
16 unpersuasive in showing the licensee's capacity and intent to
17 comply with the requirements of this subsection. A
18 qualification for an additional business organization may be
19 revoked or suspended upon a finding by the board that the
20 licensee has failed in the licensee's responsibility to
21 adequately supervise the operations of that business
22 organization in accordance with s. 489.522(1). Failure of the
23 responsibility to adequately supervise the operations of a
24 business organization in accordance with s. 489.522(1) shall
25 be grounds for denial to qualify additional business
26 organizations. The issuance of such certification or
27 registration is discretionary with the board.
28 (9) If a business organization or any of its partners,
29 officers, directors, trustees, or members is disciplined for
30 violating s. 489.533(1), the board may, on that basis alone,
31 deny issuance of a certificate or registration to a qualifying
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 agent on behalf of that business organization.
2 Section 43. Section 489.525, Florida Statutes, is
3 amended to read:
4 489.525 Reports of certified contractors to local
5 building officials.--
6 (1) The department shall inform all local boards or
7 building officials prior to October of each year of the names
8 of all certificateholders and the status of the certificates.
9 (2) The department may shall include in the report of
10 certified contractors provided in subsection (1) a report to
11 all county tax collectors, local boards, and building
12 officials, containing:
13 (a) the contents of this part; and
14 (b) the contents of the rules of the board and the
15 contents of the rules of the department which affect local
16 government as determined by the department. Any information
17 that is available through the Internet or other electronic
18 means may be excluded from the report.
19 Section 44. Subsections (1) and (2) of section
20 489.533, Florida Statutes, are amended to read:
21 489.533 Disciplinary proceedings.--
22 (1) The following acts shall constitute grounds for
23 disciplinary actions as provided in subsection (2):
24 (a) Failure to comply with Violating any provision of
25 s. 489.531 or chapter 455.
26 (b) Attempting to procure a certificate or
27 registration to practice electrical or alarm system
28 contracting by bribery or fraudulent or willful
29 misrepresentations.
30 (c) Having a certificate or registration to practice
31 contracting revoked, suspended, or otherwise acted against,
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Amendment No.
1 including the denial of licensure, by the licensing authority
2 of another state, territory, or country.
3 (d) Being convicted or found guilty of, or entering a
4 plea of nolo contendere to, regardless of adjudication, of a
5 crime in any jurisdiction which directly relates to the
6 practice of electrical or alarm system contracting or the
7 ability to practice electrical or alarm system contracting.
8 (e) Making or filing a report or record which the
9 certificateholder or registrant knows to be false, willfully
10 failing to file a report or record required by state or
11 federal law, willfully impeding or obstructing such filing, or
12 inducing another person to impede or obstruct such filing.
13 Such reports or records shall include only those which are
14 signed in the capacity of a certified electrical or alarm
15 system contractor.
16 (f) Committing fraud or deceit, or negligence,
17 incompetency, or misconduct in the practice of electrical or
18 alarm system contracting.
19 (g) Violating chapter 633 or the rules of the State
20 Fire Marshal.
21 (h) Practicing on a revoked, suspended, inactive, or
22 delinquent certificate or registration.
23 (i) Willfully or deliberately disregarding and
24 violating the applicable building codes or laws of the state
25 or any municipality or county thereof.
26 (j) Performing any act which assists a person or
27 entity in engaging in the prohibited uncertified and
28 unregistered practice of contracting, if the certificateholder
29 or registrant knows or has reasonable grounds to know that the
30 person or entity was uncertified and unregistered.
31 (k) Knowingly combining or conspiring with any person
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 by allowing one's certificate to be used by any uncertified
2 person with intent to evade the provisions of this part. When
3 a certificateholder allows his or her certificate to be used
4 by one or more companies without having any active
5 participation in the operations or management of said
6 companies, such act constitutes prima facie evidence of an
7 intent to evade the provisions of this part.
8 (l) Acting in the capacity of a contractor under any
9 certificate or registration issued hereunder except in the
10 name of the certificateholder or registrant as set forth on
11 the issued certificate or registration or in accordance with
12 the personnel of the certificateholder or registrant as set
13 forth in the application for the certificate or registration
14 or as later changed as provided in this part.
15 (m) Committing financial mismanagement or misconduct
16 in the practice of contracting that causes financial harm to a
17 customer. Financial mismanagement or misconduct occurs if:
18 1. A valid lien has been recorded against the property
19 of a contractor's customer for supplies or services ordered by
20 the contractor for the customer's job, the contractor has
21 received funds from the customer to pay for the supplies or
22 services, and the contractor has not had the lien removed from
23 the property, by payment or by bond, within 75 days after the
24 date of the lien;
25 2. A contractor has abandoned a customer's job and the
26 percentage of completion is less than the percentage of the
27 total contract price that had been paid to the contractor as
28 of the time of abandonment, unless the contractor is entitled
29 to retain the excess funds under the terms of the contract or
30 refunds the excess funds within 30 days after the date of
31 abandonment; or
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 3. The contractor's job has been completed and it is
2 shown that the customer has had to pay more for the contracted
3 job than the original contract price, as adjusted for
4 subsequent change orders, unless such increase in cost was the
5 result of circumstances beyond the control of the contractor,
6 was the result of circumstances caused by the customer, or was
7 otherwise permitted by the terms of the contract between the
8 contractor and the customer; or
9 4. The contractor fails, within 18 months, to pay or
10 comply with a repayment schedule of a judgment obtained
11 against the contractor or a business qualified by the
12 contractor and relating to the practice of contracting.
13 (n) Being disciplined by any municipality or county
14 for an act that is a violation of this section.
15 (o) Failing in any material respect to comply with the
16 provisions of this part and the rules adopted pursuant
17 thereto.
18 (p) Abandoning a project which the contractor is
19 engaged in or is under contractual obligation to perform. A
20 project is to be considered abandoned after 90 days if the
21 contractor terminates the project without just cause or
22 without proper notification to the prospective owner,
23 including the reason for termination, or fails to perform work
24 without just cause for 90 consecutive days.
25 (q) Failing to affix a registration or certification
26 number as required by s. 489.521(7).
27 (r) Proceeding on any job without obtaining applicable
28 local building department permits and inspections.
29 (s) Practicing beyond the scope of a certification or
30 registration.
31
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 For the purposes of this subsection, construction is
2 considered to be commenced when the contract is executed and
3 the contractor has accepted funds from the customer or lender.
4 (2) When the board finds any applicant, contractor, or
5 business organization for which the contractor is a primary
6 qualifying agent or secondary qualifying agent responsible
7 under s. 489.522 guilty of any of the grounds set forth in
8 subsection (1), it may enter an order imposing one or more of
9 the following penalties:
10 (a) Denial of an application for certification or
11 registration.
12 (b) Revocation or suspension of a certificate or
13 registration.
14 (c) Imposition of an administrative fine not to exceed
15 $5,000 for each count or separate offense.
16 (d) Issuance of a reprimand.
17 (e) Placement of the contractor on probation for a
18 period of time and subject to such conditions as the board may
19 specify, including requiring the contractor to attend
20 continuing education courses or to work under the supervision
21 of another contractor.
22 (f) Restriction of the authorized scope of practice by
23 the contractor.
24 (g) Require financial restitution to a consumer.
25 Section 45. For the purpose of incorporating the
26 amendment to section 489.533, Florida Statutes, in a reference
27 thereto, subsection (5) of section 489.518, Florida Statutes,
28 is reenacted to read:
29 489.518 Alarm system agents.--
30 (5) Failure to comply with any of the provisions of
31 this section shall be a disciplinable offense against the
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 contractor pursuant to s. 489.533.
2 Section 46. Paragraph (b) of subsection (2) of section
3 489.537, Florida Statutes, is amended, and subsection (9) is
4 added to that section, to read:
5 489.537 Application of this part.--
6 (2)
7 (b) A registered electrical contractor may bid on
8 electrical contracts which include alarm systems contracting
9 as a part of the contract, provided that the individual shall
10 subcontract such alarm systems contracting, except raceway
11 systems, to a properly certified or registered alarm system
12 contractor. Registered electrical contractors may install
13 raceways for alarm systems. However, if the registered
14 electrical contractor is properly certified or registered as
15 an alarm system contractor, the individual is not required to
16 subcontract out the alarm system contracting.
17 (9) Persons licensed under this part are subject to
18 ss. 205.0535(1) and 205.065, as applicable.
19 Section 47. Section 489.539, Florida Statutes, is
20 amended to read:
21 489.539 Adoption of electrical and alarm
22 standards.--For the purpose of establishing minimum electrical
23 and alarm standards in this state, the current edition of the
24 following standards are adopted:
25 (1) "National Electrical Code 1990," NFPA No. 70
26 70-1990.
27 (2) Underwriters' Laboratories, Inc., "Standards for
28 Safety, Electrical Lighting Fixtures, and Portable Lamps," UL
29 57 57-1982, and UL 153 153-1983.
30 (3) Underwriters' Laboratories, Inc., "Standard for
31 Electric Signs," UL 48 48-1982.
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 (4) The provisions of the following which prescribe
2 minimum electrical and alarm standards:
3 (a) NFPA No. 56A 56A-1978, "Inhalation Anesthetics
4 1978."
5 (b) NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."
6 (c) NFPA No. 56C 56C-1980, "Laboratories in
7 Health-related Institutions 1980."
8 (d) NFPA No. 56D 56D-1982, "Hyperbaric Facilities."
9 (e) NFPA No. 56F 56F-1983, "Nonflammable Medical Gas
10 Systems 1983."
11 (f) NFPA No. 72, "National Fire Alarm Code."
12 (g)(f) NFPA No. 76A 76A-1984, "Essential Electrical
13 Systems for Health Care Facilities 1984."
14 (5) Chapter 10D-29 of the rules of the Department of
15 Health and Rehabilitative Services, entitled "Nursing Homes
16 and Related Facilities Licensure."
17 (6) The minimum standards for grounding of portable
18 electric equipment, chapter 8C-27, as recommended by the
19 Industrial Standards Section of the Division of Workers'
20 Compensation of the Department of Labor and Employment
21 Security.
22 Section 48. Section 553.19, Florida Statutes, is
23 amended to read:
24 553.19 Adoption of electrical and alarm
25 standards.--For the purpose of establishing minimum electrical
26 and alarm standards in this state, the current edition of the
27 following standards are adopted:
28 (1) "National Electrical Code 1990," NFPA No. 70
29 70-1990.
30 (2) Underwriters' Laboratories, Inc., "Standards for
31 Safety, Electrical Lighting Fixtures, and Portable Lamps," UL
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 57 57-1982 and UL 153 153-1983.
2 (3) Underwriters' Laboratories, Inc., "Standard for
3 Electric Signs," UL 48 48-1982.
4 (4) The provisions of the following which prescribe
5 minimum electrical and alarm standards:
6 (a) NFPA No. 56A 56A-1978, "Inhalation Anesthetics
7 1978."
8 (b) NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."
9 (c) NFPA No. 56C 56C-1980, "Laboratories in
10 Health-related Institutions 1980."
11 (d) NFPA No. 56D 56D-1982, "Hyperbaric Facilities."
12 (e) NFPA No. 56F 56F-1983, "Nonflammable Medical Gas
13 Systems 1983."
14 (f) NFPA No. 72, "National Fire Alarm Code."
15 (g)(f) NFPA No. 76A 76A-1984, "Essential Electrical
16 Systems for Health Care Facilities 1984."
17 (5) Chapter 10D-29 of the rules and regulations of the
18 Department of Health and Rehabilitative Services, entitled
19 "Nursing Homes and Related Facilities Licensure."
20 (6) The minimum standards for grounding of portable
21 electric equipment, chapter 8C-27 as recommended by the
22 Industrial Standards Section, Division of Workers'
23 Compensation, Department of Labor and Employment Security.
24 Section 49. Section 489.5185, Florida Statutes, is
25 created to read:
26 489.5185 Fire alarm system agents.--
27 (1) A certified unlimited electrical contractor or
28 licensed fire alarm contractor may not employ a person to
29 perform the duties of a fire alarm system agent unless the
30 person:
31 (a) Is at least 18 years of age or has evidence of a
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 court-approved declaration of emancipation.
2 (b) Has successfully completed a minimum of 18 hours
3 of initial training, to include basic fire alarm system
4 technology in addition to related training in National Fire
5 Protection Association (NFPA) codes and standards and access
6 control training. Such training must be from a board-approved
7 provider, and the employee or applicant for employment must
8 provide proof of successful completion to the licensed
9 employer. The board, by rule, shall establish criteria for the
10 approval of training courses and providers. The board shall
11 approve qualified providers that conduct training in other
12 than the English language. The board shall establish a fee for
13 the approval of training providers, not to exceed $200, and a
14 fee for the approval of courses at $25 per credit hour, not to
15 exceed $100 per course.
16 (c) Has not been convicted within the last 3 years of
17 a crime that directly relates to the business for which
18 employment is being sought. Although the employee is barred
19 from operating as a fire alarm system agent for 3 years
20 subsequent to his or her conviction, the employer shall be
21 supplied the information regarding any convictions occurring
22 prior to that time, and the employer may at his or her
23 discretion consider an earlier conviction to be a bar to
24 employment as a fire alarm system agent. To ensure that this
25 requirement has been met, a certified unlimited electrical
26 contractor or licensed fire alarm contractor must obtain from
27 the Florida Department of Law Enforcement a completed
28 fingerprint and criminal background check for each applicant
29 for employment as a fire alarm system agent or for each
30 individual currently employed on the effective date of this
31 act as a fire alarm system agent.
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 (d) Has not been committed for controlled substance
2 abuse or been found guilty of a crime under chapter 893 or any
3 similar law relating to controlled substances in any other
4 state within the 3-year period immediately preceding the date
5 of application for employment, or immediately preceding the
6 effective date of this act for an individual employed as a
7 fire alarm system agent on that date, unless the person
8 establishes that he or she is not currently abusing any
9 controlled substance and has successfully completed a
10 rehabilitation course.
11 (2)(a) Any applicant for employment as a fire alarm
12 system agent, or any individual employed as a fire alarm
13 system agent on the effective date of this act, who has
14 completed alarm system agent or burglar alarm system agent
15 training prior to the effective date of this act in a
16 board-certified program is not required to take additional
17 training in order to comply with the initial training
18 requirements of this section.
19 (b) A state-certified electrical contractor, a
20 state-certified fire alarm system contractor, a
21 state-registered fire alarm system contractor, a journeyman
22 electrician licensed by any local jurisdiction, or an alarm
23 technician licensed by a local jurisdiction that requires an
24 examination and experience or training as licensure
25 qualifications is not required to complete the training
26 required for fire alarm system agents. A state-registered
27 electrical contractor is not required to complete the training
28 required for fire alarm system agents, so long as he or she is
29 only doing electrical work up to the alarm panel.
30 (c) A nonsupervising employee working as a helper or
31 apprentice under the direct, onsite, continuous supervision of
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 a state-certified electrical contractor, a state-registered
2 electrical contractor, a state-certified fire alarm system
3 contractor, a state-registered fire alarm system contractor, a
4 journeyman electrician licensed by any local jurisdiction, an
5 alarm technician licensed by a local jurisdiction that
6 requires an examination and experience or training as
7 licensure qualifications, or a qualified fire alarm system
8 agent is not required to complete the training otherwise
9 required and is not required to be 18 years of age or older.
10 (d) A burglar alarm system agent employed by a
11 licensed fire alarm contractor or certified unlimited
12 electrical contractor who has fulfilled all requirements of s.
13 489.518 prior to the effective date of this act is not
14 required to complete the initial training required by this
15 section for fire alarm system agents.
16 (3) An applicant for employment as a fire alarm system
17 agent may commence employment, or an individual employed as a
18 fire alarm system agent on the effective date of this act may
19 continue employment, pending completion of both the training
20 and the fingerprint and criminal background checks required by
21 this section, for a period not to exceed 90 days after the
22 date of application for employment or 90 days after the
23 effective date of this act for individuals employed as fire
24 alarm system agents on that date. However, the person must
25 work under the direction and control of a sponsoring certified
26 unlimited electrical contractor or licensed fire alarm
27 contractor until completion of both the training and the
28 fingerprint and criminal background checks. If an applicant or
29 an individual employed on the effective date of this act does
30 not complete the training or receive satisfactory fingerprint
31 and criminal background checks within the 90-day period, the
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 employment must be terminated immediately.
2 (4)(a) A certified unlimited electrical contractor or
3 licensed fire alarm contractor must furnish each of his or her
4 fire alarm system agents with an identification card.
5 (b) The card shall follow a board-approved format, to
6 include a picture of the agent; shall specify at least the
7 name of the holder of the card and the name and license number
8 of the certified unlimited electrical contractor or licensed
9 fire alarm contractor; and shall be signed by both the
10 contractor and the holder of the card. Each identification
11 card shall be valid for a period of 2 years after the date of
12 issuance. The identification card must be in the possession of
13 the fire alarm system agent while engaged in fire alarm system
14 agent duties.
15 (c) Each person to whom an identification card has
16 been issued is responsible for the safekeeping thereof, and
17 may not loan, or allow any other person to use or display, the
18 identification card.
19 (d) Each identification card must be renewed every 2
20 years and in a board-approved format to show compliance with
21 the 6 hours of continuing education necessary to maintain
22 certification as a fire alarm system agent.
23 (5) Each fire alarm system agent must receive 6 hours
24 of continuing education on fire alarm system installation and
25 repair every 2 years from a board-approved sponsor of training
26 and through a board-approved training course.
27 (6) Failure to comply with any of the provisions of
28 this section shall be grounds for disciplinary action against
29 the contractor pursuant to s. 489.533.
30 Section 50. Section 501.937, Florida Statutes, is
31 created to read:
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 501.937 Industrial hygienists and safety
2 professionals; use of professional titles; failure to
3 comply.--
4 (1) Any person representing himself or herself as a
5 "safety professional" or "industrial hygienist" must
6 accurately disclose his or her credentials.
7 (2) A person may not represent himself or herself as a
8 "certified safety professional," "associate safety
9 professional," "certified occupational health and safety
10 technologist," "industrial hygienist in training," or
11 "certified industrial hygienist" unless he or she holds a
12 current valid certificate in the field of safety or industrial
13 hygiene from either the American Board of Industrial Hygiene
14 or the Board of Certified Safety Professionals, or unless the
15 Department of Business and Professional Regulation has, upon
16 request, examined another certification program and has
17 formally concluded that the certification standards of that
18 certification program are substantially equivalent to the
19 standards for certificates issued by those organizations; nor
20 may the person mislead or deceive anyone by the unauthorized
21 use of any certification mark that has been awarded by the
22 United States Patent and Trademark Office.
23 (3)(a) A "safety professional" is a person having a
24 baccalaureate degree in safety, engineering, chemistry,
25 physics, or a closely related physical or biological science
26 who has acquired competency in the field of safety. The
27 studies and training necessary to acquire such competency
28 should have been sufficient in all of the above cognate
29 sciences to provide the abilities to anticipate, identify, and
30 evaluate hazardous conditions and practices; to develop hazard
31 control designs, methods, procedures, and programs; to
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 implement, administer, and advise others on hazard controls
2 and hazard control programs; and to measure, audit, and
3 evaluate the effectiveness of hazard controls and hazard
4 control programs.
5 (b) An "industrial hygienist" is a person having a
6 baccalaureate degree in engineering, chemistry, physics, or a
7 closely related physical or biological science who has
8 acquired competency in the field of industrial hygiene. The
9 studies and training necessary to acquire such competency
10 should have been sufficient in all of the above cognate
11 sciences to provide the abilities to anticipate and recognize
12 the environmental factors and stresses associated with work
13 and work operations and to understand their effects on people
14 and their well-being; to evaluate, on the basis of training
15 and experience and with the aid of quantitative measurement
16 techniques, the magnitude of these factors and stresses in
17 terms of ability to impair human health and well-being; and to
18 prescribe methods to eliminate, control, or reduce such
19 factors and stresses when necessary to alleviate their
20 effects.
21 (4) Failure to comply with this section constitutes a
22 deceptive and unfair trade practice.
23 Section 51. Present subsections (7) through (25) of
24 section 633.021, Florida Statutes, are redesignated as
25 subsections (8) through (26), respectively, and a new
26 subsection (7) is added to that section, to read:
27 633.021 Definitions.--As used in this chapter:
28 (7) A "fire extinguisher" is a cylinder that:
29 (a) Is portable and can be carried or is on wheels.
30 (b) Is manually operated.
31 (c) May use a variety of extinguishing agents that are
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 expelled under pressure.
2 (d) Is rechargeable or nonrechargeable.
3 (e) Is installed, serviced, repaired, recharged,
4 inspected, and hydrotested according to applicable procedures
5 of the manufacturer, standards of the National Fire Protection
6 Association, and the Code of Federal Regulations.
7 (f) Is listed by a nationally recognized testing
8 laboratory.
9 Section 52. Section 633.061, Florida Statutes, is
10 amended to read:
11 633.061 License or permit required of organizations
12 and individuals servicing, recharging, repairing, testing,
13 marking, inspecting, or installing, or hydrotesting fire
14 extinguishers and preengineered systems.--
15 (1) It is unlawful for any organization or individual
16 to engage in the business of servicing, repairing, recharging,
17 testing, marking, inspecting, or installing, or hydrotesting
18 any fire extinguisher or preengineered system in this state
19 except in conformity with the provisions of this chapter.
20 Each organization or individual that which engages in such
21 activity must possess a valid and subsisting license issued by
22 the State Fire Marshal. All fire extinguishers and
23 preengineered systems required by statute or by rule must be
24 serviced by an organization or individual licensed under the
25 provisions of this chapter. The licensee is legally qualified
26 to act for the business organization in all matters connected
27 with its business, and the licensee must supervise all
28 activities undertaken by such business organization. Each
29 licensee shall maintain a specific business location. A
30 further requirement, in the case of multiple locations where
31 such servicing or recharging is taking place, is that each
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 licensee who maintains more than one place of business where
2 actual work is carried on must possess an additional license,
3 as set forth in this section, for each location, except that a
4 no licensed individual may not qualify for more than five
5 locations. A licensee is limited to a specific type of work
6 performed depending upon the class of license held. Licenses
7 and license fees are required for the following:
8 (a) Class A.......................................$150
9 To service, recharge, repair, install, or inspect all types of
10 fire extinguishers, including recharging carbon dioxide units,
11 and to conduct hydrostatic tests on all types of fire
12 extinguishers, including carbon dioxide units.
13 (b) Class B.......................................$100
14 To service, recharge, repair, install, or inspect all types of
15 fire extinguishers, including recharging carbon dioxide units
16 and conducting hydrostatic tests on all water, water chemical,
17 and dry chemical types of fire extinguishers, except carbon
18 dioxide units only.
19 (c) Class C.......................................$100
20 To service, recharge, repair, install, or inspect all types of
21 fire extinguishers, except recharging carbon dioxide units,
22 and to conduct hydrostatic tests on all water, water chemical,
23 and dry chemical types of fire extinguishers, except carbon
24 dioxide units only.
25 (d) Class D.......................................$125
26 To service, repair, recharge, hydrotest, install, or inspect
27 all types of preengineered fire extinguishing systems.
28 (e) Licenses issued as duplicates or to reflect a
29 change of address..........................................$10
30
31 Any fire equipment dealer licensed pursuant to this subsection
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 who does not want to engage in the business of servicing,
2 inspecting, recharging, repairing, hydrotesting, or installing
3 halon equipment must file an affidavit on a form provided by
4 the division so stating. Licenses will be issued by the
5 division to reflect the work authorized thereunder. It is
6 unlawful, unlicensed activity for any person or firm to
7 falsely hold himself or herself or a business organization out
8 to perform any service, inspection, recharge, repair,
9 hydrotest, or installation except as specifically described in
10 the license.
11 (2) Each individual actually performing the work of
12 servicing, recharging, repairing, hydrotesting, installing,
13 testing, or inspecting fire extinguishers or preengineered
14 systems must possess a valid and subsisting permit issued by
15 the State Fire Marshal. Permittees are limited as to specific
16 type of work performed dependent upon the class of permit held
17 which shall be a class allowing work no more extensive than
18 the class of license held by the licensee under whom the
19 permittee is working. Permits and fees therefor are required
20 for the following:
21 (a) Class 1........................................$50
22 Servicing, recharging, repairing, installing, or inspecting
23 all types of fire extinguishers, including carbon dioxide
24 units, and conducting hydrostatic tests on all types of fire
25 extinguishers, including carbon dioxide units.
26 (b) Class 2........................................$50
27 Servicing, recharging, repairing, installing, or inspecting
28 all types of fire extinguishers, including carbon dioxide
29 units, and conducting hydrostatic tests on all water, water
30 chemical, and dry chemical types of fire extinguishers, except
31 carbon dioxide units only.
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Bill No. HB 4439, 1st Eng.
Amendment No.
1 (c) Class 3........................................$50
2 Servicing, recharging, repairing, installing, or inspecting
3 all types of fire extinguishers, except recharging carbon
4 dioxide units, and conducting hydrostatic tests on all water,
5 water chemical, and dry chemical types of fire extinguishers,
6 except carbon dioxide units only.
7 (d) Class 4........................................$65
8 Servicing, repairing, hydrotesting, recharging, installing, or
9 inspecting all types of preengineered fire extinguishing
10 systems.
11 (e) Permits issued as duplicates or to reflect a
12 change of address..........................................$10
13
14 Any fire equipment permittee licensed pursuant to this
15 subsection who does not want to engage in servicing,
16 inspecting, recharging, repairing, hydrotesting, or installing
17 halon equipment must file an affidavit on a form provided by
18 the division so stating. Permits will be issued by the
19 division to reflect the work authorized thereunder. It is
20 unlawful, unlicensed activity for any person or firm to
21 falsely hold himself or herself out to perform any service,
22 inspection, recharge, repair, hydrotest, or installation
23 except as specifically described in the permit.
24 (3)(a) Such licenses and permits shall be issued by
25 the State Fire Marshal for each license year beginning January
26 1 and expiring the following December 31. The failure to
27 renew a license or permit by December 31 will cause the
28 license or permit to become inoperative. The holder of an
29 inoperative license or permit shall not engage in any
30 activities for which a license or permit is required by this
31 section. A license or permit which is inoperative because of
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 the failure to renew it shall be restored upon payment of the
2 applicable fee plus a penalty equal to the applicable fee, if
3 the application for renewal is filed no later than the
4 following March 31. If the application for restoration is not
5 made before the March 31st deadline, the fee for restoration
6 shall be equal to the original application fee and the penalty
7 provided for herein, and, in addition, the State Fire Marshal
8 shall require reexamination of the applicant. Each licensee
9 or permittee shall successfully complete a course or courses
10 of continuing education for fire equipment technicians within
11 5 years of initial issuance of a license or permit and within
12 every 5-year period thereafter or no such license or permit
13 shall be renewed. The State Fire Marshal shall adopt rules
14 describing the continuing education requirements.
15 (b) The forms of such licenses and permits and
16 applications therefor shall be prescribed by the State Fire
17 Marshal; in addition to such other information and data as
18 that officer determines is appropriate and required for such
19 forms, there shall be included in such forms the following
20 matters. Each such application shall be in such form as to
21 provide that the data and other information set forth therein
22 shall be sworn to by the applicant or, if a corporation, by an
23 officer thereof. An application for a permit shall include
24 the name of the licensee employing such permittee, and the
25 permit issued in pursuance of such application shall also set
26 forth the name of such licensee. A permit is valid solely for
27 use by the holder thereof in his or her employment by the
28 licensee named in the permit.
29 (c) A license of any class shall not be issued or
30 renewed by the State Fire Marshal and a license of any class
31 shall not remain operative unless:
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 1. The applicant has submitted to the State Fire
2 Marshal evidence of registration as a Florida corporation or
3 evidence of compliance with s. 865.09.
4 2. The State Fire Marshal or his or her designee has
5 by inspection determined that the applicant possesses the
6 equipment required for the class of license sought. The State
7 Fire Marshal shall give an applicant a reasonable opportunity
8 to correct any deficiencies discovered by inspection. A fee of
9 $50, payable to the State Fire Marshal, shall be required for
10 any subsequent reinspection.
11 3. The applicant has submitted to the State Fire
12 Marshal proof of insurance providing coverage for
13 comprehensive general liability for bodily injury and property
14 damage, products liability, completed operations, and
15 contractual liability. The State Fire Marshal shall adopt
16 rules providing for the amounts of such coverage, but such
17 amounts shall not be less than $300,000 for Class A or Class D
18 licenses, $200,000 for Class B licenses, and $100,000 for
19 Class C licenses; and the total coverage for any class of
20 license held in conjunction with a Class D license shall not
21 be less than $300,000. The State Fire Marshal may, at any
22 time after the issuance of a license or its renewal, require
23 upon demand, and in no event more than 30 days after notice of
24 such demand, the licensee to provide proof of insurance, on a
25 form provided by the State Fire Marshal, containing
26 confirmation of insurance coverage as required by this
27 chapter. Failure, for any length of time, to provide proof of
28 insurance coverage as required shall result in the immediate
29 suspension of the license until proof of proper insurance is
30 provided to the State Fire Marshal. An insurer which provides
31 such coverage shall notify the State Fire Marshal of any
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 change in coverage or of any termination, cancellation, or
2 nonrenewal of any coverage.
3 4. The applicant successfully completes a prescribed
4 training course offered by the State Fire College or an
5 equivalent course approved by the State Fire Marshal. This
6 subparagraph does not apply to any holder of or applicant for
7 a permit under paragraph (d) or to a business organization or
8 a governmental entity seeking initial licensure or renewal of
9 an existing license solely for the purpose of inspecting,
10 servicing, repairing, marking, recharging, and maintaining
11 fire extinguishers used and located on the premises of and
12 owned by such organization or entity.
13 5. The applicant has a current retestor identification
14 number that is appropriate for the license for which the
15 applicant is applying and that is listed with the U.S.
16 Department of Transportation.
17 6.5. The applicant has passed, with a grade of at
18 least 70 percent, a written examination testing his or her
19 knowledge of the rules and statutes regulating the activities
20 authorized by the license and demonstrating his or her
21 knowledge and ability to perform those tasks in a competent,
22 lawful, and safe manner. Such examination shall be developed
23 and administered by the State Fire Marshal, or his or her
24 designee. An applicant shall pay a nonrefundable examination
25 fee of $50 for each examination or reexamination scheduled.
26 No reexamination shall be scheduled sooner than 30 days after
27 any administration of an examination to an applicant. No
28 applicant shall be permitted to take an examination for any
29 level of license more than a total of four times during 1
30 year, regardless of the number of applications submitted. As
31 a prerequisite to taking the examination, the applicant:
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 a. Must be at least 18 years of age.
2 b. Must have 4 years of proven experience as a fire
3 equipment permittee at a level equal to or greater than the
4 level of license applied for or have a combination of
5 education and experience determined to be equivalent thereto
6 by the State Fire Marshal. Having held a permit at the
7 appropriate level for the required period constitutes the
8 required experience.
9 c. Must not have been convicted of, or pled nolo
10 contendere to, any felony. If an applicant has been convicted
11 of any such felony, the applicant must comply with s.
12 112.011(1)(b).
13
14 This subparagraph does not apply to any holder of or applicant
15 for a permit under paragraph (d) or to a business organization
16 or a governmental entity seeking initial licensure or renewal
17 of an existing license solely for the purpose of inspecting,
18 servicing, repairing, marking, recharging, hydrotesting, and
19 maintaining fire extinguishers used and located on the
20 premises of and owned by such organization or entity.
21 (d)6. An applicant who fails the examination may take
22 it three more times during the 1-year period after he or she
23 originally filed an application for the examination. If the
24 applicant fails the examination within 1 year after the
25 application date and seeks to retake the examination, he or
26 she must file a new application, pay the application and
27 examination fees, and successfully complete a prescribed
28 training course approved by the State Fire College or an
29 equivalent course approved by the State Fire Marshal. An
30 applicant may not submit a new application within 6 months
31 after the date of his or her last reexamination.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (e) A fire equipment dealer licensed under this
2 section may apply to upgrade the license currently held, if
3 the licensed dealer:
4 1. Submits an application for the license on a form in
5 conformance with paragraph (b). The application must be
6 accompanied by a fee as prescribed in subsection (1) for the
7 type of license requested.
8 2. Provides evidence of 2 years' experience as a
9 licensed dealer and meets such relevant educational
10 requirements as are established by rule by the State Fire
11 Marshal for purposes of upgrading a license.
12 3. Meets the requirements of paragraph (c).
13 (f)(d) No permit of any class shall be issued or
14 renewed to a person by the State Fire Marshal, and no permit
15 of any class shall remain operative, unless the person has:
16 1. Submitted a nonrefundable examination fee in the
17 amount of $50;
18 2. Successfully completed a training course offered by
19 the State Fire College or an equivalent course approved by the
20 State Fire Marshal; and
21 3. Passed, with a grade of at least 70 percent, a
22 written examination testing his or her knowledge of the rules
23 and statutes regulating the activities authorized by the
24 permit and demonstrating his or her knowledge and ability to
25 perform those tasks in a competent, lawful, and safe manner.
26 Such examination shall be developed and administered by the
27 State Fire Marshal. An examination fee shall be paid for each
28 examination scheduled. No reexamination shall be scheduled
29 sooner than 30 days after any administration of an examination
30 to an applicant. No applicant shall be permitted to take an
31 examination for any level of permit more than four times
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 during 1 year, regardless of the number of applications
2 submitted. As a prerequisite to taking the permit
3 examination, the applicant must be at least 16 years of age.
4 (g)(e) An applicant who fails the examination may take
5 it three more times during the 1-year period after he or she
6 originally filed an application for the examination. If the
7 applicant fails the examination within 1 year after the
8 application date and he or she seeks to retake the
9 examination, he or she must file a new application, pay the
10 application and examination fees, and successfully complete a
11 prescribed training course offered by the State Fire College
12 or an equivalent course approved by the State Fire Marshal.
13 The applicant may not submit a new application within 6 months
14 after the date of his or her last reexamination.
15 (4)(a) It is unlawful for a fire equipment dealer to
16 engage in training an individual to perform the work of
17 installing, testing, recharging, repairing, or inspecting
18 portable extinguishers or preengineered systems except in
19 conformity with this section. Each individual engaging in
20 such training activity must be registered with the State Fire
21 Marshal. The dealer must register the trainee prior to the
22 trainee performing any work. The dealer must submit training
23 criteria to the State Fire Marshal for review and approval.
24 (b) No trainee shall perform work requiring a permit
25 unless an individual possessing a valid and current fire
26 equipment permit for the type of work performed is physically
27 present. The trainee's registration shall be valid for a
28 90-day period from the date of issuance and is nontransferable
29 and nonrenewable. The initial training period may be extended
30 for an additional 90 days of training if the applicant has
31 filed an application for permit and enrolled in the 40-hour
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 course at the State Fire College within 60 days after the date
2 of registration as a trainee and either the training course at
3 the State Fire College was unavailable to the applicant within
4 the initial training period, at no fault of the applicant, or
5 the applicant attends and fails the 40-hour training course or
6 the competency examination. At no time will an individual be
7 registered as a trainee for more than two 90-day periods as
8 provided in this paragraph. The trainee must:
9 1. Be 18 years of age.
10 2. Possess on his or her person at all times a valid
11 Florida driver's license or a valid state identification card,
12 issued by the Department of Highway Safety and Motor Vehicles.
13 A trainee must produce identification to the State Fire
14 Marshal or his or her designated representative upon demand.
15 3. Pay a fee for registration of $10 per trainee for a
16 90-day period.
17 (c) No more than two trainees shall be under the
18 supervision of a single trainer, who shall be directly
19 responsible for all work performed by any trainee while under
20 his or her supervision. No trainee shall perform any work not
21 within the scope of the license or permit held by the fire
22 equipment dealer or permittee directly supervising his or her
23 work.
24 (d) Upon completion of a training period, an
25 individual must comply with the provisions of this section to
26 obtain a permit.
27 (5) The State Fire Marshal shall adopt rules providing
28 for the approval of the time, place, and curriculum of each
29 training course required by this section.
30 (6) Every permittee must have a valid and subsisting
31 permit upon his or her person at all times while engaging in
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 the servicing, recharging, repairing, testing, inspecting, or
2 installing of fire extinguishers and preengineered systems,
3 and every licensee or permittee must be able to produce such
4 license or permit upon demand. In addition, every permittee
5 shall at all times carry an identification card containing his
6 or her photograph and other identifying information as
7 prescribed by the State Fire Marshal or the State Fire
8 Marshal's designee, which shall be produced on demand. The
9 State Fire Marshal shall supply this card at a fee which shall
10 be related to the cost of producing the card.
11 (7) The fees collected for any such licenses and
12 permits and the filing fees for license and permit examination
13 are hereby appropriated for the use of the State Fire Marshal
14 in the administration of this chapter and shall be deposited
15 in the Insurance Commissioner's Regulatory Trust Fund.
16 (8) The provisions of this chapter do not apply to
17 inspections by fire chiefs, fire inspectors, fire marshals, or
18 insurance company inspectors.
19 (9) All fire extinguishers and preengineered systems
20 that which are required by statute or by rule must be
21 serviced, recharged, repaired, hydrotested, tested, inspected,
22 and installed in compliance with this chapter and with the
23 rules adopted by the State Fire Marshal. The State Fire
24 Marshal may adopt by rule the standards of the National Fire
25 Protection Association and of other reputable national
26 organizations.
27 (10) If the licensee leaves the business organization
28 or dies, the business organization shall immediately notify
29 the State Fire Marshal of the licensee's departure, shall
30 return the license to the State Fire Marshal, and shall have a
31 grace period of 60 days in which to license another person
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 under the provisions of this chapter, failing which the
2 business shall no longer perform those activities for which a
3 license under this section is required.
4 Section 53. Paragraph (b) of subsection (1) of section
5 633.065, Florida Statutes, is amended to read:
6 633.065 Requirements for installation, inspection, and
7 maintenance of fire suppression equipment.--
8 (1) The requirements for installation of fire
9 extinguishers and preengineered systems are as follows:
10 (b) Equipment supplied shall be listed by a nationally
11 recognized testing laboratory, such as Underwriters
12 Laboratories, Inc., or Factory Mutual Laboratories, Inc.
13 Equipment supplied for new installations or alterations of
14 existing systems must be currently listed as described in this
15 section. The State Fire Marshal shall adopt by rule procedures
16 for determining whether a laboratory is nationally recognized,
17 taking into account the laboratory's facilities, procedures,
18 use of nationally recognized standards, and any other criteria
19 reasonably calculated to reach an informed determination.
20 Section 54. Subsection (1) of section 633.071, Florida
21 Statutes, is amended to read:
22 633.071 Standard service tag required on all fire
23 extinguishers and preengineered systems; serial number
24 required on all portable fire extinguishers.--
25 (1) The State Fire Marshal shall adopt by rule
26 specifications as to the size, shape, color, and information
27 and data contained thereon of service tags to be attached to
28 all fire extinguishers and preengineered systems required by
29 statute or by rule, whether they be portable, stationary, or
30 on wheels when they are placed in service, installed,
31 serviced, repaired, tested, recharged, or inspected. Fire
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 extinguishers may be tagged only after meeting all standards
2 as set forth by this chapter, the standards of the National
3 Fire Protection Association, and all manufacturer's
4 specifications requirements. Preengineered systems may be
5 tagged only after a system has been inspected, serviced,
6 installed, repaired, tested, and recharged, and hydrotested in
7 compliance with this chapter, the standards of the National
8 Fire Protection Association, and the manufacturer's
9 specifications, and after a report, as specified by rule, has
10 been completed in detail, indicating any and all deficiencies
11 or deviations from the manufacturer's specifications and the
12 standards requirements of the National Fire Protection
13 Association. A copy of the inspection report shall be provided
14 to the owner at the time of inspection, and, if a system is
15 found to be in violation of this chapter, the manufacturer's
16 specifications, or the standards of the National Fire
17 Protection Association, a copy shall be forwarded to the state
18 or local authority having jurisdiction within 30 days from the
19 date of service. It shall be unlawful to place in service,
20 service, test, repair, inspect, install, hydrotest, or
21 recharge any fire extinguisher or preengineered system without
22 attaching one of these tags completed in detail, including the
23 actual month work was performed, or to use a tag not meeting
24 the specifications set forth by the State Fire Marshal.
25 Section 55. Section 633.162, Florida Statutes, is
26 amended to read:
27 633.162 Disciplinary action; fire extinguisher or
28 preengineered systems; grounds for denial, nonrenewal,
29 suspension, or revocation of license or permit.--
30 (1) The violation of any provision of this chapter or
31 any rule adopted and promulgated pursuant hereto or the
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 failure or refusal to comply with any notice or order to
2 correct a violation or any cease and desist order by any
3 person who possesses a license or permit issued pursuant to s.
4 633.061 is cause for denial, nonrenewal, revocation, or
5 suspension of such license or permit by the State Fire Marshal
6 after such officer has determined that the person is guilty of
7 such violation. An order of suspension shall state the period
8 of time of such suspension, which period may not be in excess
9 of 2 years from the date of such order. An order of
10 revocation may be entered for a period not exceeding 5 years.
11 Such orders shall effect suspension or revocation of all
12 licenses or permits then held by the person, and during such
13 period of time no license or permit shall be issued to such
14 person. During the suspension or revocation of any license or
15 permit, the former licensee or permittee shall not engage in
16 or attempt or profess to engage in any transaction or business
17 for which a license or permit is required under this chapter
18 or directly or indirectly own, control, or be employed in any
19 manner by any firm, business, or corporation for which a
20 license or permit under this chapter is required. If, during
21 the period between the beginning of proceedings and the entry
22 of an order of suspension or revocation by the State Fire
23 Marshal, a new license or permit has been issued to the person
24 so charged, the order of suspension or revocation shall
25 operate to suspend or revoke such new license or permit held
26 by such person.
27 (2) The department shall not, so long as the
28 revocation or suspension remains in effect, grant any new
29 license or permit for the establishment of any new firm,
30 business, or corporation of any person or qualifier that has
31 or will have the same or similar management, ownership,
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 control, employees, permittees, or licensees, or will use a
2 same or similar name as a previously revoked or suspended
3 firm, business, corporation, person, or qualifier.
4 (3) The State Fire Marshal may deny, nonrenew,
5 suspend, or revoke the license or permit of:
6 (a) Any person, firm, or corporation the license of
7 which under this chapter has been suspended or revoked;
8 (b) Any firm or corporation if an officer, qualifier,
9 director, stockholder, owner, or person interested directly or
10 indirectly in the firm or corporation has had his or her
11 license or permit under this chapter suspended or revoked; or
12 (c) Any person who is or has been an officer,
13 qualifier, director, stockholder, or owner of a firm or
14 corporation, or who was interested directly or indirectly in a
15 firm or corporation, the license or permit of which has been
16 suspended or revoked under this chapter.
17 (4)(2) In addition to the grounds set forth in
18 subsection (1), it is cause for denial, nonrenewal,
19 revocation, or suspension of a license or permit by the State
20 Fire Marshal if she or he determines that the licensee or
21 permittee has:
22 (a) Rendered inoperative a fire extinguisher or
23 preengineered system required by statute or by rule, except
24 during such time as the extinguisher or preengineered system
25 is being inspected, serviced, repaired, hydrotested, or
26 recharged, or except pursuant to court order.
27 (b) Falsified any record required to be maintained by
28 this chapter or rules adopted pursuant hereto.
29 (c) Improperly serviced, recharged, repaired,
30 hydrotested, tested, or inspected a fire extinguisher or
31 preengineered system.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (d) While holding a permit or license, allowed another
2 person to use the permit number or license number, or used a
3 license number or permit number other than her or his valid
4 license number or permit number.
5 (e) Failed to provide proof of insurance to the State
6 Fire Marshal or failed to maintain in force the insurance
7 coverage required by s. 633.061.
8 (f) Failed to obtain, retain, or maintain one or more
9 of the qualifications for a license or permit as specified in
10 this chapter.
11 (g) Made a material misstatement, misrepresentation,
12 or committed a fraud in obtaining or attempting to obtain a
13 license or permit.
14 (h) Failed to notify the State Fire Marshal, in
15 writing, within 30 days after a change of residence, principal
16 business address, or name.
17 (3) In addition, the Department of Insurance shall not
18 issue a new license or permit if it finds that the
19 circumstance or circumstances for which the license or permit
20 was previously revoked or suspended still exist or are likely
21 to recur.
22 Section 56. Section 633.171, Florida Statutes, is
23 amended to read:
24 633.171 Penalty for violation of law, rule, or order
25 to cease and desist or for failure to comply with corrective
26 order.--
27 (1) The violation of any provision of this law, or any
28 order or rule of the State Fire Marshal or order to cease and
29 desist or to correct conditions issued hereunder, shall
30 constitute a misdemeanor of the second degree, punishable as
31 provided in s. 775.082 or s. 775.083.
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 (2) It shall constitute a misdemeanor of the first
2 degree, punishable as provided in s. 775.082 or s. 775.083, to
3 intentionally or willfully:
4 (a) Render a fire extinguisher or preengineered system
5 required by statute or by rule inoperative except during such
6 time as the said extinguisher or preengineered system is being
7 serviced, hydrotested, tested, repaired, or recharged, except
8 pursuant to court order.
9 (b) Obliterate the serial number on a fire
10 extinguisher for purposes of falsifying service records.
11 (c) Improperly service, recharge, repair, hydrotest,
12 test, or inspect a fire extinguisher or preengineered system.
13 (d) Use the license or permit number of another
14 person.
15 (e) Hold a permit and allow another person to use said
16 permit number.
17 (f) Use, or permit the use of, any license by any
18 individual or organization other than the one to whom the
19 license is issued.
20 Section 57. Present subsections (4) and (5) of section
21 633.547, Florida Statutes, are renumbered as subsections (6)
22 and (7), respectively, and new subsections (4) and (5) are
23 added to that section, to read:
24 633.547 Disciplinary action; fire protection system
25 contractors; grounds for denial, nonrenewal, suspension, or
26 revocation of certificate.--
27 (4) During the suspension or revocation of the
28 certificate, the former certificateholder shall not engage in
29 or attempt to profess to engage in any transaction or business
30 for which a certificate is required under this chapter or
31 directly or indirectly own, control, or be employed in any
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 manner by any firm or corporation for which a certificate
2 under this chapter is required. The department shall not, so
3 long as the revocation or suspension remains in effect, grant
4 any new certificate for the establishment of any new firm,
5 business, or corporation of any person that has or will have
6 the same or similar management, ownership, control, or
7 employees or that will use a same or similar name as a
8 previously revoked or suspended firm, business, or
9 corporation.
10 (5) The State Fire Marshal may deny, suspend, or
11 revoke the certificate of:
12 (a) Any person, firm, or corporation the certificate
13 of which under this chapter has been suspended or revoked.
14 (b) Any firm or corporation if an officer, director,
15 stockholder, owner, or person interested directly or
16 indirectly has had his or her certificate under this chapter
17 suspended or revoked.
18 (c) Any person who is or has been an officer,
19 director, stockholder, or owner of a firm or corporation, or
20 who was interested directly or indirectly in a corporation,
21 the certificate of which has been suspended or revoked under
22 this chapter.
23 Section 58. Paragraph (n) of subsection (3) of section
24 489.105, Florida Statutes, is amended to read:
25 489.105 Definitions.--As used in this part:
26 (3) "Contractor" means the person who is qualified
27 for, and shall only be responsible for, the project contracted
28 for and means, except as exempted in this part, the person
29 who, for compensation, undertakes to, submits a bid to, or
30 does himself or herself or by others construct, repair, alter,
31 remodel, add to, demolish, subtract from, or improve any
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 building or structure, including related improvements to real
2 estate, for others or for resale to others; and whose job
3 scope is substantially similar to the job scope described in
4 one of the subsequent paragraphs of this subsection. For the
5 purposes of regulation under this part, "demolish" applies
6 only to demolition of steel tanks over 50 feet in height;
7 towers over 50 feet in height; other structures over 50 feet
8 in height, other than buildings or residences over three
9 stories tall; and buildings or residences over three stories
10 tall. Contractors are subdivided into two divisions, Division
11 I, consisting of those contractors defined in paragraphs
12 (a)-(c), and Division II, consisting of those contractors
13 defined in paragraphs (d)-(q):
14 (n) "Underground utility and excavation contractor"
15 means a contractor whose services are limited to the
16 construction, installation, and repair, on public or private
17 property, of main sanitary sewer collection systems, main
18 water distribution systems, storm sewer collection systems,
19 and the continuation of utility lines from the main systems to
20 a point of termination up to and including the meter location
21 for the individual occupancy, sewer collection systems at
22 property line on residential or single-occupancy commercial
23 properties, or on multioccupancy properties at manhole or wye
24 lateral extended to an invert elevation as engineered to
25 accommodate future building sewers, water distribution
26 systems, or storm sewer collection systems at storm sewer
27 structures. However, an underground utility and excavation
28 contractor may install empty underground conduits in
29 rights-of-way, easements, platted rights-of-way in new site
30 development, and sleeves for parking lot crossings no smaller
31 than 2 inches in diameter, provided that each conduit system
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 installed is designed by a licensed professional engineer or
2 an authorized employee of a municipality, county, or public
3 utility and that the installation of any such conduit does not
4 include installation of any conductor wiring or connection to
5 an energized electrical system. An underground utility and
6 excavation contractor shall not install any piping that is an
7 integral part of a fire protection system as defined in s.
8 633.021 s. 633.021(7) beginning at the point where the piping
9 is used exclusively for such system.
10 Section 59. This act shall take effect October 1,
11 1998.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 Delete everything before the enacting clause
17
18 and insert:
19 A bill to be entitled
20 An act relating to regulation of contracting;
21 amending s. 468.603, F.S.; providing
22 definitions; creating s. 468.604, F.S.;
23 providing responsibilities of building code
24 administrators, plans examiners, and
25 inspectors; amending s. 468.605, F.S.;
26 providing membership of the Florida Building
27 Code Administrators and Inspectors Board;
28 amending s. 468.609, F.S.; providing standards
29 for certification as an inspector, building
30 code administrator, or plans examiner;
31 eliminating the board's authority to issue
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 temporary certificates; amending s. 468.617,
2 F.S.; providing that nothing prohibits local
3 governments from contracting with certified
4 persons to perform inspections; amending s.
5 468.627, F.S.; increasing the initial
6 examination fee; creating ss. 471.045, 481.222,
7 F.S.; allowing architects and professional
8 engineers to perform the duties of building
9 code inspectors in specified circumstances;
10 providing disciplinary guidelines; providing
11 restrictions; amending s. 489.129, F.S.;
12 deleting a ground for discipline; requiring the
13 department to provide certain information to a
14 contractor who is the subject of a complaint;
15 amending s. 489.131, F.S.; specifying the
16 department's authority to investigate
17 complaints; requiring local boards to have
18 consumer members; amending s. 469.001, F.S.;
19 redefining the terms "abatement" and "survey";
20 defining the term "project designer"; amending
21 s. 469.002, F.S., relating to exemptions from
22 state regulation of asbestos abatement;
23 revising an exemption applicable to certain
24 asbestos-related activities done by government
25 employees; revising certain existing
26 exemptions; amending s. 469.004, F.S.;
27 eliminating provisions relating to
28 prerequisites to issuance of a license and to
29 continuing education; amending s. 469.005,
30 F.S.; revising licensure requirements for
31 asbestos consultants and asbestos contractors
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 relating to required coursework; amending s.
2 469.006, F.S.; requiring applicants for
3 business licensure to submit evidence of
4 financial responsibility and an affidavit
5 attesting to having obtained the required
6 workers' compensation, public liability, and
7 property damage insurance; amending s. 469.013,
8 F.S.; revising continuing education
9 requirements applicable to asbestos surveyors,
10 management planners, and project monitors;
11 repealing s. 469.015, F.S., relating to seals;
12 amending ss. 255.551, 376.60, and 469.014,
13 F.S.; conforming cross-references; amending s.
14 489.103, F.S.; providing exemptions from
15 regulation for the sale, delivery, assembly, or
16 tie-down of prefabricated portable sheds under
17 certain conditions; amending s. 489.105, F.S.;
18 revising and providing definitions applicable
19 to contractors; amending s. 489.107, F.S.;
20 eliminating reference to board jurisdiction
21 over examinations; requiring the Construction
22 Industry Licensing Board and the Electrical
23 Contractors' Licensing Board to each appoint a
24 committee to meet jointly at least twice a
25 year; amending s. 489.113, F.S.; providing that
26 expansion of the scope of practice of any type
27 of contractor does not limit the scope of
28 practice of any existing type of contractor
29 unless the Legislature expressly provides such
30 limitation; repealing s. 489.1135, F.S., which
31 provides for certification of underground
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 utility and excavation contractors; creating s.
2 489.1136, F.S.; providing for medical gas
3 certification for plumbing contractors who
4 install, improve, repair, or maintain conduits
5 used to transport gaseous or partly gaseous
6 substances for medical purposes; requiring
7 certain coursework; requiring an examination
8 for certain persons; providing for discipline
9 and penalties; providing a definition; amending
10 s. 553.06, F.S.; providing that plumbing
11 contractors who install, improve, repair, or
12 maintain such conduits shall be governed by the
13 National Fire Prevention Association Standard
14 99C; amending s. 489.115, F.S.; authorizing
15 certificateholders and registrants to apply
16 continuing education courses earned under other
17 regulatory provisions under certain
18 circumstances; amending s. 489.119, F.S.;
19 detailing what constitutes an incomplete
20 contract for purposes of work allowed a
21 business organization under temporary
22 certification or registration; amending s.
23 489.140, F.S.; eliminating a provision that
24 requires the transfer of surplus moneys from
25 fines into the Construction Industries Recovery
26 Fund; amending s. 489.141, F.S.; clarifying
27 provisions relating to conditions for recovery
28 from the fund; eliminating a notice
29 requirement; revising a limitation on the
30 making of a claim; amending s. 489.142, F.S.;
31 revising a provision relating to powers of the
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 Construction Industry Licensing Board with
2 respect to actions for recovery from the fund,
3 to conform; amending s. 489.143, F.S.; revising
4 provisions relating to payment from the fund;
5 amending s. 489.503, F.S., relating to
6 exemptions from part II of chapter 489, F.S.,
7 relating to electrical and alarm system
8 contracting; revising an exemption that applies
9 to telecommunications, community antenna
10 television, and radio distribution systems, to
11 include cable television systems; providing
12 exemptions relating to the monitoring of alarm
13 systems by law enforcement employees or
14 officers or fire department employees or
15 officials, by employees of state or federally
16 chartered financial institutions, or by
17 employees of a business; amending s. 489.505,
18 F.S., and repealing subsection (24), relating
19 to the definition of "limited burglar alarm
20 system contractor"; redefining terms applicable
21 to electrical and alarm system contracting;
22 defining the term "monitoring"; amending s.
23 489.507, F.S.; requiring the Electrical
24 Contractors' Licensing Board and the
25 Construction Industry Licensing Board to each
26 appoint a committee to meet jointly at least
27 twice a year; amending s. 489.509, F.S.;
28 eliminating reference to the payment date of
29 the biennial renewal fee for certificateholders
30 and registrants; eliminating an inconsistent
31 provision relating to failure to renew an
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 active or inactive certificate or registration;
2 providing for transfer of a portion of certain
3 fees applicable to regulation of electrical and
4 alarm system contracting to fund certain
5 projects relating to the building construction
6 industry and continuing education programs
7 related thereto; amending s. 489.511, F.S.;
8 revising eligibility requirements for
9 certification as an electrical or alarm system
10 contractor; authorizing the taking of the
11 certification examination more than three times
12 and providing requirements with respect
13 thereto; eliminating an obsolete provision;
14 amending s. 489.513, F.S.; revising
15 registration requirements for electrical
16 contractors; amending s. 489.517, F.S.;
17 authorizing certificateholders and registrants
18 to apply continuing education courses earned
19 under other regulatory provisions under certain
20 circumstances; providing for verification of
21 public liability and property damage insurance;
22 amending s. 489.519, F.S.; authorizing
23 certificateholders and registrants to apply for
24 voluntary inactive status at any time during
25 the period of certification or registration;
26 authorizing a person passing the certification
27 examination and applying for licensure to place
28 his or her license on inactive status without
29 having to qualify a business; amending s.
30 489.521, F.S.; providing conditions on
31 qualifying agents qualifying more than one
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 business organization; providing for revocation
2 or suspension of such qualification for
3 improper supervision; providing technical
4 changes; amending s. 489.525, F.S.; revising
5 reporting requirements of the Department of
6 Business and Professional Regulation to local
7 boards and building officials; providing
8 applicability with respect to information
9 provided on the Internet; amending s. 489.533,
10 F.S.; revising and providing grounds for
11 discipline; providing penalties; reenacting s.
12 489.518(5), F.S., relating to alarm system
13 agents, to incorporate the amendment to s.
14 489.533, F.S., in a reference thereto; amending
15 s. 489.537, F.S.; authorizing registered
16 electrical contractors to install raceways for
17 alarm systems; providing that licensees under
18 part II, ch. 489, F.S., are subject, as
19 applicable, to certain provisions relating to
20 local occupational license taxes; amending ss.
21 489.539, 553.19, F.S.; updating electrical and
22 alarm standards; adding a national code
23 relating to fire alarms to the minimum
24 electrical and alarm standards required in this
25 state; amending s. 489.505, F.S.; defining the
26 term "fire alarm system agent"; creating s.
27 489.5185, F.S.; providing requirements for fire
28 alarm system agents, including specified
29 training and fingerprint and criminal
30 background checks; providing for fees for
31 approval of training providers and courses;
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 providing applicability to applicants, current
2 employees, and various licensees; requiring an
3 identification card and providing requirements
4 therefor; providing continuing education
5 requirements; providing disciplinary penalties;
6 creating s. 501.937, F.S.; providing
7 requirements for use of professional titles by
8 industrial hygienists and safety professionals;
9 providing definitions; providing that violation
10 of such requirements is a deceptive and unfair
11 trade practice; amending s. 633.021, F.S.;
12 defining the term "fire extinguisher"; amending
13 s. 633.061, F.S.; requiring an individual or
14 organization that hydrotests fire extinguishers
15 and preengineered systems to obtain a permit or
16 license from the State Fire Marshal; revising
17 the services that may be performed under
18 certain licenses and permits issued by the
19 State Fire Marshal; providing additional
20 application requirements; providing
21 requirements for obtaining an upgraded license;
22 amending ss. 633.065, 633.071, F.S.; providing
23 requirements for installing and inspecting fire
24 suppression equipment; amending s. 633.162,
25 F.S.; prohibiting an owner, officer, or partner
26 of a company from applying for licensure if the
27 license held by the company is suspended or
28 revoked; revising the grounds upon which the
29 State Fire Marshal may deny, revoke, or suspend
30 a license or permit; providing restrictions on
31 activities of former licenseholders and
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SENATE AMENDMENT
Bill No. HB 4439, 1st Eng.
Amendment No.
1 permittees; amending s. 633.171, F.S.; revising
2 the prohibition against rendering a fire
3 extinguisher or preengineered system
4 inoperative to conform to changes made by the
5 act; amending s. 633.547, F.S.; providing the
6 State Fire Marshal authority to suspend and
7 revoke certificates; providing restrictions on
8 the activities of former certificateholders
9 whose certificates are suspended or revoked;
10 amending s. 489.105, F.S., relating to
11 contracting; conforming a cross-reference to
12 changes made by the act; providing an effective
13 date.
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