House Bill 4439

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







    Florida House of Representatives - 1998                HB 4439

        By the Committee on Business Regulation & Consumer Affairs
    and Representatives Ogles, Brown, Dockery, Lynn, Chestnut and
    Dawson-White




  1                      A bill to be entitled

  2         An act relating to contracting; amending s.

  3         468.603, F.S.; revising and providing

  4         definitions relating to electrical inspectors;

  5         creating s. 468.604, F.S.; providing

  6         responsibilities of building code

  7         administrators, plans examiners, and

  8         inspectors; amending s. 468.605, F.S.; revising

  9         membership of the Florida Building Code

10         Administrators and Inspectors Board; amending

11         s. 468.609, F.S.; revising and providing

12         requirements for certification as a building

13         code administrator, plans examiner, or

14         inspector, including provisional certification;

15         amending s. 468.617, F.S.; revising provisions

16         relating to local governments contracting for

17         building code, examination, and inspection

18         services; amending s. 468.627, F.S.; revising

19         and eliminating fees; amending s. 468.629,

20         F.S.; prohibiting making or attempting to make

21         a certificateholder violate a local or state

22         building code; prohibiting acting or practicing

23         as a building code administrator or building

24         official, plans examiner, or inspector without

25         being an active certificateholder; providing

26         penalties; amending s. 468.631, F.S.; revising

27         provisions relating to use of the surcharge to

28         fund the Building Code Administrators and

29         Inspectors Fund; reserving a portion of the

30         surcharge funds collected for development and

31         implementation of continuing education and

                                  1

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         training programs; exempting certain local

  2         government employees from paying for such

  3         education and training; amending s. 469.001,

  4         F.S.; redefining the terms "abatement" and

  5         "survey"; defining the term "project designer";

  6         amending s. 469.002, F.S., relating to

  7         exemptions from state regulation of asbestos

  8         abatement; revising an exemption applicable to

  9         certain asbestos-related activities done by

10         government employees; revising certain existing

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

12         eliminating provisions relating to

13         prerequisites to issuance of a license and to

14         continuing education; amending s. 469.005,

15         F.S.; revising licensure requirements for

16         asbestos consultants and asbestos contractors

17         relating to required coursework; amending s.

18         469.006, F.S.; requiring applicants for

19         business licensure to submit evidence of

20         financial responsibility and an affidavit

21         attesting to having obtained the required

22         workers' compensation, public liability, and

23         property damage insurance; amending s. 469.013,

24         F.S.; revising continuing education

25         requirements applicable to asbestos surveyors,

26         management planners, and project monitors;

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

28         amending ss. 255.551, 376.60, and 469.014,

29         F.S.; correcting cross references; amending s.

30         475.01, F.S.; revising the definition of "first

31         contact"; creating s. 481.222, F.S.; allowing

                                  2

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         architects to perform duties of building code

  2         inspectors; amending s. 489.103, F.S.;

  3         providing exemptions from regulation under pt.

  4         I, ch. 489, F.S., relating to construction

  5         contracting; amending s. 489.105, F.S.;

  6         revising and providing definitions applicable

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

  8         requiring the Construction Industry Licensing

  9         Board and the Electrical Contractors' Licensing

10         Board to each appoint a committee to meet

11         jointly at least twice a year; amending s.

12         489.113, F.S.; providing that expansion of the

13         scope of practice of any type of contractor

14         does not limit the scope of practice of any

15         existing type of contractor unless the

16         Legislature expressly provides such limitation;

17         repealing s. 489.1135, F.S., relating to

18         designation and certification of underground

19         utility and excavation contractors; creating s.

20         489.1136, F.S.; providing for medical gas

21         certification for plumbing contractors who

22         install, improve, repair, or maintain conduits

23         used to transport gaseous or partly gaseous

24         substances for medical purposes; requiring

25         certain coursework; requiring an examination

26         for certain persons; providing for discipline

27         and penalties; providing a definition; amending

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

29         contractors who install, improve, repair, or

30         maintain such conduits shall be governed by the

31         National Fire Prevention Association Standard

                                  3

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         99C; amending s. 489.115, F.S.; authorizing

  2         certificateholders and registrants to apply

  3         continuing education courses earned under other

  4         regulatory provisions under certain

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

  6         detailing what constitutes an incomplete

  7         contract for purposes of work allowed a

  8         business organization under temporary

  9         certification or registration; amending s.

10         489.140, F.S.; eliminating a provision that

11         requires the transfer of surplus moneys from

12         fines into the Construction Industries Recovery

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

14         provisions relating to conditions for recovery

15         from the fund; eliminating a notice

16         requirement; revising a limitation on the

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

18         revising a provision relating to powers of the

19         Construction Industry Licensing Board with

20         respect to actions for recovery from the fund,

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

22         provisions relating to payment from the fund;

23         amending s. 489.503, F.S.; providing exemptions

24         from regulation under pt. II, ch. 489, F.S.,

25         relating to electrical and alarm system

26         contracting; revising an exemption that applies

27         to telecommunications, community antenna

28         television, and radio distribution systems, to

29         include cable television systems; amending s.

30         489.505, F.S., and repealing subsection (24),

31         relating to the definition of "limited burglar

                                  4

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         alarm system contractor"; redefining terms

  2         applicable to electrical and alarm system

  3         contracting; defining the term "monitoring";

  4         amending s. 489.507, F.S.; requiring the

  5         Electrical Contractors' Licensing Board and the

  6         Construction Industry Licensing Board to each

  7         appoint a committee to meet jointly at least

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

  9         eliminating reference to the payment date of

10         the biennial renewal fee for certificateholders

11         and registrants; eliminating an inconsistent

12         provision relating to failure to renew an

13         active or inactive certificate or registration;

14         providing for transfer of a portion of certain

15         fees applicable to regulation of electrical and

16         alarm system contracting to fund certain

17         projects relating to the building construction

18         industry and continuing education programs

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

20         revising eligibility requirements for

21         certification as an electrical or alarm system

22         contractor; authorizing the taking of the

23         certification examination more than three times

24         and providing requirements with respect

25         thereto; eliminating an obsolete provisions;

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

27         registration requirements for electrical

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

29         authorizing certificateholders and registrants

30         to apply continuing education courses earned

31         under other regulatory provisions under certain

                                  5

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         circumstances; providing for verification of

  2         public liability and property damage insurance;

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

  4         certificateholders and registrants to apply for

  5         voluntary inactive status at any time during

  6         the period of certification or registration;

  7         authorizing a person passing the certification

  8         examination and applying for licensure to place

  9         his or her license on inactive status without

10         having to qualify a business; amending s.

11         489.521, F.S.; providing conditions on

12         qualifying agents qualifying more than one

13         business organization; providing for revocation

14         or suspension of such qualification for

15         improper supervision; providing technical

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

17         reporting requirements of the Department of

18         Business and Professional Regulation to local

19         boards and building officials; providing

20         applicability with respect to information

21         provided on the Internet; amending s. 489.533,

22         F.S.; revising and providing grounds for

23         discipline; providing penalties; reenacting s.

24         489.518(5), F.S., relating to alarm system

25         agents, to incorporate the amendment to s.

26         489.533, F.S., in a reference thereto; amending

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

28         electrical contractors to install raceways for

29         alarm systems; providing that licensees under

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

31         applicable, to certain provisions relating to

                                  6

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         local occupational license taxes; amending s.

  2         205.0535, F.S.; providing that businesses

  3         providing local exchange telephone service or

  4         pay telephone service may not be assessed an

  5         occupational license tax on a per-instrument

  6         basis; amending ss. 489.539 and 553.19, F.S.;

  7         updating electrical and alarm standards; adding

  8         a national code relating to fire alarms to the

  9         minimum electrical and alarm standards required

10         in this state; creating s. 501.935, F.S.;

11         providing requirements relating to

12         home-inspection reports; providing legislative

13         intent; providing definitions; providing

14         exemptions; requiring, prior to inspection,

15         provision of inspector credentials, a caveat, a

16         disclosure of conflicts of interest and certain

17         relationships, and a statement or agreement of

18         scope, limitations, terms, and conditions;

19         requiring a report on the results of the

20         inspection; providing prohibited acts, for

21         which there are civil penalties; providing that

22         failure to comply is a deceptive and unfair

23         trade practice; creating s. 715.15, F.S.;

24         providing that certain provisions in contracts

25         for improvement of real property are void;

26         providing applicability; providing effective

27         dates.

28

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

30

31

                                  7

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         Section 1.  Subsection (6) of section 468.603, Florida

  2  Statutes, is amended to read:

  3         468.603  Definitions.--As used in this part:

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

  5  following:

  6         (a)  "Building inspector" means a person who is

  7  qualified to inspect and determine that buildings and

  8  structures are constructed in accordance with the provisions

  9  of the governing building codes and state accessibility laws.

10         (b)  "Coastal construction inspector" means a person

11  who is qualified to inspect and determine that buildings and

12  structures are constructed to resist near-hurricane and

13  hurricane velocity winds in accordance with the provisions of

14  the governing building code.

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

16  who is qualified to inspect and determine the electrical

17  safety of commercial buildings and structures by inspecting

18  for compliance with the provisions of the governing National

19  electrical code.

20         (d)  "Residential electrical inspector" means a person

21  who is qualified to inspect and determine the electrical

22  safety of one and two family dwellings and accessory

23  structures by inspecting for compliance with the applicable

24  provisions of the governing electrical code.

25         (e)  "Electrical inspector" means a person who is

26  qualified to inspect and determine the electrical safety of

27  commercial and residential buildings and accessory structures

28  by inspecting for compliance with the provisions of the

29  governing electrical code.

30         (f)(e)  "Mechanical inspector" means a person who is

31  qualified to inspect and determine that the mechanical

                                  8

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  installations and systems for buildings and structures are in

  2  compliance with the provisions of the governing mechanical

  3  code.

  4         (g)(f)  "Plumbing inspector" means a person who is

  5  qualified to inspect and determine that the plumbing

  6  installations and systems for buildings and structures are in

  7  compliance with the provisions of the governing plumbing code.

  8         (h)(g)  "One and two family dwelling inspector" means a

  9  person who is qualified to inspect and determine that one and

10  two family dwellings and accessory structures are constructed

11  in accordance with the provisions of the governing building,

12  plumbing, mechanical, accessibility, and electrical codes.

13         Section 2.  Section 468.604, Florida Statutes, is

14  created to read:

15         468.604  Responsibilities of building code

16  administrators, plans examiners, and inspectors.--

17         (1)  It shall be the responsibility of the building

18  code administrator or building official to administer,

19  supervise, direct, enforce, or perform the permitting and

20  inspection of the construction, alteration, repair,

21  remodeling, or demolition of structures and the installation

22  of building systems within the boundaries of his or her

23  governmental jurisdiction, when permitting is required, to

24  ensure compliance with building, plumbing, mechanical,

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

26  other construction codes required or adopted by municipal

27  code, county ordinance, or state law. The building code

28  administrator or building official shall faithfully perform

29  these responsibilities without interference from any person.

30  These responsibilities include:

31

                                  9

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (a)  The review of construction plans to ensure

  2  compliance with all applicable codes. The construction plans

  3  shall be reviewed before the issuance of any building, system

  4  installation, or other construction permit. The review of

  5  construction plans shall be done by the building code

  6  administrator or building official or by a person having the

  7  appropriate plans examiner certificate issued in accordance

  8  with this part.

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

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

11  building code administrator or building official, or person

12  having the appropriate building code inspector certificate

13  issued in accordance with this part, shall inspect the

14  construction or installation to ensure that the work is

15  performed in accordance with applicable codes.

16         (2)  It shall be the responsibility of the building

17  code inspector to conduct inspections of the construction,

18  alteration, repair, remodeling, or demolition of structures

19  and the installation of building systems, when permitting is

20  required, to ensure compliance with building, plumbing,

21  mechanical, electrical, gas fuel, energy conservation,

22  accessibility, and other construction codes required by

23  municipal code, county ordinance, or state law. Each building

24  code inspector must be certified in the appropriate category

25  as defined in s. 468.603. The building code inspector's

26  responsibilities shall be performed under the direction of the

27  building code administrator or building official without

28  interference from any uncertified person.

29         (3)  It shall be the responsibility of the plans

30  examiner to conduct review of construction plans, submitted in

31  the application for permitting, to ensure compliance with all

                                  10

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  applicable codes required by municipal code, county ordinance,

  2  or state law. The review of construction plans shall be done

  3  by the building code administrator or building official or by

  4  a person certified in the appropriate plans examiner category

  5  as defined in s. 468.603. The plans examiner's

  6  responsibilities shall be performed under the supervision and

  7  authority of the building code administrator or building

  8  official without interference from any uncertified person.

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

10  Statutes, is amended to read:

11         468.605  Florida Building Code Administrators and

12  Inspectors Board.--

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

14  follows:

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

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

17  or a contractor licensed pursuant to chapter 489.

18         (b)  Two members serving as building code

19  administrators.

20         (c)  Two members One member serving as inspectors a

21  building inspector who is without managerial authority in the

22  employing agency.

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

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

25  charter county.

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

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

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

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

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

31  of an organization which represents persons with disabilities.

                                  11

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1

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

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

  4  or state governmental agency.

  5         Section 4.  Section 468.609, Florida Statutes, is

  6  amended to read:

  7         468.609  Administration of this part; standards for

  8  certification; additional categories of certification.--

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

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

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

12  certification examination.

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

14  for certification as an inspector or plans examiner pursuant

15  to this part if the person:

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

17         (b)  Is of good moral character; and

18         (c)  Meets eligibility requirements according to one of

19  the following criteria:

20         1.  Demonstrates 5 years' combined experience in the

21  field of construction or a related field, or inspection, or

22  plans review corresponding to the certification category

23  sought;

24         2.  Demonstrates a combination of postsecondary

25  education in the field of construction or a related field and

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

27  total being experience in construction, or building

28  inspection, or plans review; or

29         3.  Currently holds a standard certificate issued by

30  the board and satisfactorily completes an inspector or plans

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

                                  12

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  certification category sought. The board by rule shall

  2  establish criteria for the development and implementation of

  3  the training programs.

  4         (3)  A person shall be entitled to take the examination

  5  for certification as a building code administrator pursuant to

  6  this part if the person:

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

  8         (b)  Is of good moral character; and

  9         (c)  Meets eligibility requirements according to one of

10  the following criteria:

11         1.3.  For certification as a building code

12  administrator or building official, Demonstrates 10 years'

13  combined experience as an architect, engineer, plans examiner,

14  building code inspector, registered or certified contractor,

15  or construction superintendent, with at least 5 years of such

16  experience in supervisory positions; or

17         2.  Demonstrates a combination of postsecondary

18  education in the field of construction or a related field, no

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

20  an architect, engineer, plans examiner, building code

21  inspector, registered or certified contractor, or construction

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

23  such total being experience in supervisory positions.

24         (4)(3)  No person may engage in the duties of a

25  building code administrator, plans examiner, or inspector

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

27  person possesses one of the following types of certificates,

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

29  qualifications to hold such position:

30         (a)  A standard certificate.

31         (b)  A limited certificate.

                                  13

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (c)  A provisional certificate.

  2         (5)(4)(a)  To obtain a standard certificate, an

  3  individual must pass an examination approved by the board

  4  which demonstrates that the applicant has fundamental

  5  knowledge of the state laws and codes relating to the

  6  construction of buildings for which the applicant has code

  7  administration, plan examining, or inspection

  8  responsibilities. It is the intent of the Legislature that the

  9  examination approved for certification pursuant to this part

10  be substantially equivalent to the examinations administered

11  by the Southern Building Code Congress International, the

12  Building Officials Association of Florida, the South Florida

13  Building Code (Dade and Broward), and the Council of American

14  Building Officials.

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

16  applicant who successfully completes the examination, which

17  certificate authorizes the individual named thereon to

18  practice throughout the state as a building code

19  administrator, plans examiner, or inspector within such class

20  and level as is specified by the board.

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

22  passed an examination which is substantially equivalent to the

23  board-approved examination set forth in this section.

24         (6)(5)(a)  A building code administrator, plans

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

26  not be required to possess a standard certificate as a

27  condition of tenure or continued employment, but shall be

28  required to obtain a limited certificate as described in this

29  subsection.

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

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

                                  14

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

  3  shall submit to the board the appropriate application and

  4  certification fees and shall receive a limited certificate

  5  qualifying them to engage in building code administration,

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

  7  performance level, and within the governmental jurisdiction in

  8  which such person is employed.

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

10  authorization for the building code administrator, plans

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

12  to continue performing all functions assigned to that

13  position, on July 1, 1993.

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

15  inspector holding a limited certificate can be promoted to a

16  position requiring a higher level certificate only upon

17  issuance of a standard certificate or provisional certificate

18  appropriate for such new position.

19         (7)(6)(a)  The board may provide for the issuance of

20  provisional or temporary certificates valid for such period,

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

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

23  administrator, plans examiner, or inspector newly employed or

24  newly promoted who lacks the qualifications prescribed by the

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

26  certificate.

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

28  inspector may have a provisional or temporary certificate

29  extended beyond the specified period by renewal or otherwise.

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

31  provisional or temporary certificates and may issue these

                                  15

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  certificates with such special conditions or requirements

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

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

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

  5  necessary to protect the public safety and health.

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

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

  8  provisional certificate application has been submitted,

  9  provided such person is under the direct supervision of a

10  certified building code administrator who holds a standard

11  certificate and who has found such person qualified for a

12  provisional certificate.

13         (8)(7)(a)  Any individual who holds a valid certificate

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

15  completed all requirements for certification pursuant to such

16  section, shall be deemed to have satisfied the requirements

17  for receiving a standard certificate prescribed by this part.

18         (b)  Any individual who holds a valid certificate

19  issued by the Southern Building Code Congress International,

20  the Building Officials Association of Florida, the South

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

22  American Building Officials certification programs, or who has

23  been approved for certification under one of those programs

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

25  satisfied the requirements for receiving a standard

26  certificate in the corresponding category prescribed by this

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

28  50,000, or employees of municipalities with a population of

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

30  requirements for standard certification where such employee is

31

                                  16

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  approved for certification under one of the programs set forth

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

  3         (9)(8)  Any individual applying to the board may be

  4  issued a certificate valid for multiple inspection classes, as

  5  deemed appropriate by the board.

  6         (10)(9)  Certification and training classes may be

  7  developed in coordination with degree career education

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

  9  other entities offering certification and training classes.

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

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

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

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

14  created by statute.

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

16  Florida Statutes, are amended to read:

17         468.617  Joint inspection department; other

18  arrangements.--

19         (2)  Nothing in this part shall prohibit local

20  governments from contracting employing persons certified

21  pursuant to this part to perform inspections or plans review

22  on a contract basis. However, an individual or entity may not

23  inspect or examine plans on any project designed or permitted

24  by the individual or entity.

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

26  municipal government from entering into any contract with any

27  person or entity for the provision of services regulated under

28  this part, and notwithstanding any other statutory provision,

29  such county or municipal governments may enter into contracts

30  which provide for payment of inspection or review fees

31  directly to the contract provider.

                                  17

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         Section 6.  Section 468.627, Florida Statutes, is

  2  amended to read:

  3         468.627  Application; examination; renewal; fees.--

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

  5  for application, examination, reexamination, certification and

  6  certification renewal, inactive status application, and

  7  reactivation of inactive certificates. The board may establish

  8  by rule a late renewal penalty. The board shall establish fees

  9  which are adequate, when combined with revenue generated by

10  the provisions of s. 468.631, to ensure the continued

11  operation of this part. Fees shall be based on department

12  estimates of the revenue required to implement this part.

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

14  building code administrators, plans examiners, or inspectors.

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

16  $50 for building code administrators, plans examiners, or

17  inspectors.

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

19  for building code administrators, plans examiners, or

20  inspectors.

21         (5)  The biennial certification renewal fee may not

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

23  or inspectors.

24         (4)(6)  Employees of local government agencies having

25  responsibility for inspection, regulation, and enforcement of

26  building, plumbing, mechanical, electrical, gas, fire

27  prevention, energy, accessibility, and other construction

28  codes shall pay no application, certification, certification

29  renewal, or examination fees, and shall pay not more than $5

30  each for initial certification and biennial certification

31  renewal fees.

                                  18

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (5)(7)  The certificateholder shall provide proof, in a

  2  form established by board rule, that the certificateholder has

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

  4  each of continuing education courses during each biennium

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

  6  shall by rule establish criteria for approval of continuing

  7  education courses and providers, and may by rule establish

  8  criteria for accepting alternative nonclassroom continuing

  9  education on an hour-for-hour basis.

10         Section 7.  Subsection (1) of section 468.629, Florida

11  Statutes, is amended to read:

12         468.629  Prohibitions; penalties.--

13         (1)  No person may:

14         (a)  Falsely hold himself or herself out as a

15  certificateholder.

16         (b)  Falsely impersonate a certificateholder.

17         (c)  Present as his or her own the certificate of

18  another.

19         (d)  Give false or forged evidence to the board or the

20  department, or a member, an employee, or an officer thereof,

21  for the purpose of obtaining a certificate.

22         (e)  Use or attempt to use a certificate which has been

23  suspended or revoked.

24         (f)  Threaten, coerce, trick, persuade, or otherwise

25  influence, or attempt to threaten, coerce, trick, persuade, or

26  otherwise influence, any certificateholder to violate any

27  provision of this part or a local or state building code.

28         (g)  Offer any compensation to a certificateholder in

29  order to induce a violation of this part, a local building

30  code or ordinance, or another law of this state.

31

                                  19

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (h)  Engage in the practice or act in the capacity of a

  2  building code administrator or building official, building

  3  code inspector, or plans examiner without being an active

  4  certificateholder for that position.

  5         Section 8.  Section 468.631, Florida Statutes, is

  6  amended to read:

  7         468.631  Building Code Administrators and Inspectors

  8  Fund.--The provisions of this part shall be funded through a

  9  surcharge, to be assessed pursuant to s. 125.56(4) or s.

10  166.201 at the rate of one-half cent per square foot of

11  under-roof floor space permitted, including new construction,

12  renovations, alterations, and additions. The unit of

13  government responsible for collecting permit fees pursuant to

14  s. 125.56(4) or s. 166.201 shall collect such surcharge and

15  shall remit the funds to the department on a quarterly

16  calendar basis beginning not later than December 31, 1993, for

17  the preceding quarter, and continuing each third month

18  thereafter; and such unit of government may retain an amount

19  up to 25 10 percent of the surcharge collected to fund

20  projects and activities intended to improve the quality of

21  building code enforcement. Twenty-five percent of all

22  surcharge funds collected shall be retained by the board for

23  the development and implementation of continuing education and

24  other training programs as determined by board rule. Employees

25  of local government agencies having responsibility for

26  inspection, regulation, and enforcement of building, plumbing,

27  mechanical, electrical, gas, fire prevention, energy,

28  accessibility, and other construction codes shall not pay for

29  any continuing education courses or training programs

30  developed using these funds. There is created within the

31  Professional Regulation Trust Fund a separate account to be

                                  20

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  known as the Building Code Administrators and Inspectors Fund,

  2  which shall deposit and disburse funds as necessary for the

  3  implementation of this part. The department shall annually

  4  establish the amount needed to fund the certification and

  5  regulation of building code administrators, plans examiners,

  6  and inspectors. Any funds collected in excess of the amount

  7  needed to adequately fund the certification and regulation of

  8  building code administrators, plans examiners, and inspectors

  9  and the continuing education and training programs provided

10  for in this section shall be deposited into the Construction

11  Industries Recovery Fund established by s. 489.140. If the

12  Construction Industries Recovery Fund is fully funded as

13  provided by s. 489.140, any remaining funds shall be

14  distributed to the Construction Industry Licensing Board for

15  use in the regulation of certified and registered contractors.

16         Section 9.  Subsection (1) of section 469.001, Florida

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

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

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

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

21         469.001  Definitions.--As used in this chapter:

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

23  enclosure, repair, maintenance, or disposal of asbestos.

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

25  the direction of a licensed asbestos consultant and engages in

26  the design of project specifications for asbestos abatement

27  projects.

28         (22)(21)  "Survey" means the process of inspecting a

29  facility for the presence of asbestos-containing materials to

30  determine the location and condition of asbestos-containing

31  materials prior to transfer of property, renovation,

                                  21

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  demolition, or maintenance projects which may disturb

  2  asbestos-containing materials.

  3         Section 10.  Section 469.002, Florida Statutes, is

  4  amended to read:

  5         469.002  Exemptions.--

  6         (1)  This chapter does not apply to:

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

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

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

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

11  AHERA for the activities described in this paragraph and who

12  is conducting abatement work solely for maintenance purposes

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

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

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

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

17  otherwise engage in asbestos abatement, contracting, or

18  consulting.

19         (b)  Asbestos-related activities which disturb

20  asbestos-containing materials within manufacturing, utility,

21  or military facilities and which are undertaken by regular

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

23  completed all training required by this chapter or NESHAP and

24  OSHA for conducting such activities in areas where access is

25  restricted to authorized personnel who are carrying out

26  specific assignments.

27         (c)  Reinspections at public or private schools,

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

29  employee who has completed the AHERA-required training for

30  such reinspections pursuant to this chapter and who is

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

                                  22

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (d)  Moving, removal, or disposal of

  2  asbestos-containing materials on a residential building where

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

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

  5  owner-builder limitations provided in this paragraph. To

  6  qualify for exemption under this paragraph, an owner must

  7  personally appear and sign the building permit application.

  8  The permitting agency shall provide the person with a

  9  disclosure statement in substantially the following form:

10

11                       Disclosure Statement

12

13         State law requires asbestos abatement to be done by

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

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

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

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

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

19  dispose of asbestos-containing materials on a residential

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

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

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

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

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

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

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

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

28  state, and federal laws and regulations which apply to

29  asbestos abatement projects. It is your responsibility to make

30  sure that people employed by you have licenses required by

31  state law and by county or municipal licensing ordinances.

                                  23

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1

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

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

  4  subdivision who has completed all training required by NESHAP

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

  6  paragraph, while engaged in asbestos-related activities set

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

  8  the demolition of a residential building owned by that

  9  governmental unit, where such activities are within the scope

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

11  or otherwise engage in asbestos abatement, contracting, or

12  consulting.

13         (2)  Licensure as an asbestos contractor is not

14  required for the moving, removal, or disposal of

15  asbestos-containing roofing material by a roofing contractor

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

17  such activities are performed under the direction of an onsite

18  roofing supervisor trained as provided in s. 469.012.

19         (3)  Licensure as an asbestos contractor or asbestos

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

21  maintenance, or disposal, or related inspections, of

22  asbestos-containing resilient floor covering or its adhesive,

23  if:

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

25  nonfriable material as defined in NESHAP and remains a

26  Category I nonfriable material during removal activity.

27         (b)  All such activities are performed in accordance

28  with all applicable asbestos standards of the United States

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

30  part 1926.

31

                                  24

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  or accreditation requirements under federal asbestos NESHAP

  3  regulations of the United States Environmental Protection

  4  Agency.

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

  6  performing the removal and certification that all conditions

  7  required under this subsection are met are provided to the

  8  Department of Business and Professional Regulation at least 3

  9  days prior to such removal. The contractor removing such

10  flooring materials is responsible for maintaining proof that

11  all the conditions required under this subsection are met.

12

13  The department may inspect removal sites to determine

14  compliance with this subsection and shall adopt rules

15  governing inspections.

16         (4)  Licensure as an asbestos consultant or contractor

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

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

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

20  electronic, communications, sewer, or water service;

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

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

23  Category II nonfriable material as defined in NESHAP; and

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

25  applicable regulations, including work practices and training,

26  of the United States Occupational Safety and Health

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

28         (5)(2)  Nothing in this section shall be construed to

29  alter or affect otherwise applicable Florida Statutes and

30  rules promulgated thereunder, or Environmental Protection

31  Agency or OSHA regulations regarding asbestos activities.

                                  25

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         Section 11.  Section 469.004, Florida Statutes, is

  2  amended to read:

  3         469.004  License; asbestos consultant; asbestos

  4  contractor; exceptions.--

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

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

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

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

  9  current, valid, active license as a professional engineer

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

11  license as a professional geologist issued under chapter 492;

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

13  has been awarded designation as a Certified Safety

14  Professional by the Board of Certified Safety Professionals.

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

16  department. An asbestos contractor may not perform abatement

17  activities involving work that affects building structures or

18  systems.  Work on building structures or systems may be

19  performed only by a contractor licensed under chapter 489.

20         (3)  Licensure as an asbestos contractor is not

21  required for the moving, removal, or disposal of

22  asbestos-containing roofing material by a roofing contractor

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

24  such activities are performed under the direction of an onsite

25  roofing supervisor trained as provided in s.  469.012.

26         (4)  Licensure as an asbestos contractor or asbestos

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

28  disposal, or related inspections, of asbestos-containing

29  resilient floor covering or its adhesive, if:

30

31

                                  26

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  nonfriable material as defined in NESHAP and remains a

  3  Category I nonfriable material during removal activity.

  4         (b)  All such activities are performed in accordance

  5  with all applicable asbestos standards of the United States

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

  7  part 1926.

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

  9  or accreditation requirements under federal asbestos NESHAP

10  regulations of the United States Environmental Protection

11  Agency.

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

13  performing the removal and certification that all conditions

14  required under this subsection are met are provided to the

15  Department of Business and Professional Regulation at least 3

16  days prior to such removal.  The contractor removing such

17  flooring materials is responsible for maintaining proof that

18  all the conditions required under this subsection are met.

19

20  The department may inspect removal sites to determine

21  compliance with this subsection and shall adopt rules

22  governing inspections.

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

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

25  applicant must provide evidence, as provided by the department

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

27  469.005.

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

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

30  the department shall require proof that the licensee has

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

                                  27

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  license, the department shall require proof that the licensee

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

  4  each of the preceding 2 years.

  5         (7)  Licensure as an asbestos consultant or contractor

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

  7  asbestos-containing pipe or conduit, if:

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

  9  electronic, communications, sewer, or water service;

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

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

12  Category II nonfriable material as defined in NESHAP; and

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

14  applicable regulations, including work practices and training,

15  of the United States Occupational Safety and Health

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

17         Section 12.  Section 469.005, Florida Statutes, is

18  amended to read:

19         469.005  License requirements.--All applicants for

20  licensure as either asbestos consultants or asbestos

21  contractors shall:

22         (1)  Pay the initial licensing fee.

23         (2)  When applying for licensure as an asbestos

24  consultant, successfully complete the following

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

26         (a)  An asbestos contractor/supervisor abatement

27  project management and supervision course. Such course shall

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

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

30  exposure, federal and state asbestos laws and regulations,

31  legal and insurance considerations, contract specifications,

                                  28

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  sampling and analytical methodology, worker protection, and

  2  work area protection.

  3         (b)  A course in building asbestos surveys and

  4  mechanical systems course. Such course shall consist of not

  5  less than 3 days of instruction.

  6         (c)  An A course in asbestos management planning

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

  8  instruction.

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

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

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

12  consist of not less than 3 days of instruction.

13         (3)  When applying for licensure as as asbestos

14  contractor, successfully complete the following

15  department-approved courses:

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

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

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

19  consist of not less than 3 days of instruction.

20         (4)(3)  Provide evidence of satisfactory work on 10

21  asbestos projects within the last 5 years.

22         (5)(4)  Provide evidence of financial stability.

23         (6)(5)  Pass a department-approved examination of

24  qualifications and knowledge relating to asbestos.

25         Section 13.  Subsection (2) and paragraph (a) of

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

27  amended to read:

28         469.006  Licensure of business organizations;

29  qualifying agents.--

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

31  consulting or contracting as a partnership, corporation,

                                  29

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

  3  for licensure through a qualifying agent or the individual

  4  applicant must apply for licensure under the fictitious name.

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

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

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

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

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

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

11  of its members.

12         1.  The application for primary qualifying agent must

13  include an affidavit on a form provided by the department

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

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

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

17  approval authority for all construction work performed by the

18  entity.

19         2.  The application for financially responsible officer

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

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

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

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

24  authority to act for the business organization in all

25  financial matters.

26         3.  The application for secondary qualifying agent must

27  include an affidavit on a form provided by the department

28  attesting that the applicant has authority to supervise all

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

30  489.1195(2).

31

                                  30

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

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

  4  attesting that the applicant has obtained workers'

  5  compensation insurance as required by chapter 440, public

  6  liability insurance, and property damage insurance, in amounts

  7  determined by department rule. The department shall establish

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

  9  based upon a random sample method.

10         2.  Evidence of financial responsibility. The

11  department shall adopts rules to determine financial

12  responsibility which shall specify grounds on which the

13  department may deny licensure. Such criteria shall include,

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

15  bondability and credit.

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

17  composed of qualified business organizations, is itself a

18  separate and distinct organization that must be qualified in

19  accordance with department rules.

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

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

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

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

24  required to be stated on the application, the business

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

26  mail the correct information to the department.

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

28  statutory compliance if a fictitious name is used, the

29  provisions of s. 865.09(7) notwithstanding.

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

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

                                  31

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  other document prepared or approved for use by the licensee

  3  which is related to any asbestos abatement project and filed

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

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

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

  7  Statutes, is amended to read:

  8         469.013  Course requirements for asbestos surveyors,

  9  management planners, and project monitors.--

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

11  project monitors must comply with the requirements set forth

12  in this section prior to commencing such activities and must

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

14  necessary to maintain certification each year thereafter.

15         (a)  Management planners must complete all requirements

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

17         (b)  Asbestos surveyors must complete all requirements

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

19         (c)  Project monitors must complete all requirements of

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

21  course which is equivalent to NIOSH Course 582.

22         Section 15.  Section 469.014, Florida Statutes, is

23  amended to read:

24         469.014  Approval of asbestos training courses and

25  providers.--

26         (1)  The department shall approve training courses and

27  the providers of such courses as are required under this

28  chapter. The department must also approve training courses and

29  the providers of such courses who offer training for persons

30  who are exempt from licensure as an asbestos contractor or

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

                                  32

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  criteria for approving training courses and course providers

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

  4         (3)(2)  The department may enter into agreements with

  5  other states for the reciprocal approval of training courses

  6  or training-course providers.

  7         (4)(3)  The department shall, by rule, establish

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

  9  evaluation, approval, and recordmaking and recordkeeping of

10  training courses and training-course providers.

11         (5)(4)  The department may impose against a

12  training-course provider any penalty that it may impose

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

14  decline to approve courses, and may withdraw approval of

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

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

17  entered into a stipulation or consent agreement relating to,

18  without regard to adjudication, any crime or administrative

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

20  false or fraudulent representations made in the course of

21  seeking approval of or providing training courses.

22         Section 16.  Section 469.015, Florida Statutes, is

23  repealed.

24         Section 17.  Subsection (1) of section 255.551, Florida

25  Statutes, is amended to read:

26         255.551  Definitions; ss. 255.551-255.565.--As used in

27  ss. 255.551-255.565:

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

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

30  bituminous resinous roofing systems or the removal of

31

                                  33

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  resilient floor covering and its adhesive in accordance with

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

  3         Section 18.  Section 376.60, Florida Statutes, is

  4  amended to read:

  5         376.60  Asbestos removal program inspection and

  6  notification fee.--The Department of Environmental Protection

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

  8  $300 for a small business as defined in s. 288.703(1), or

  9  $1,000 for any other project, for any asbestos removal

10  project. Schools, colleges, universities, residential

11  dwellings, and those persons otherwise exempted from licensure

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

13  fee collected must be deposited in the asbestos program

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

15  the department to administer its asbestos removal program.

16         (1)  In those counties with approved local air

17  pollution control programs, the department shall return 80

18  percent of the asbestos removal program inspection and

19  notification fees collected in that county to the local

20  government quarterly, if the county requests it.

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

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

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

24  asbestos removal activity while it receives fees under

25  subsection (1).

26         (4)  If a county has requested reimbursement under

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

28  local air pollution control program with 80 percent of the

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

30  asbestos-related program activities.

31

                                  34

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  that is providing asbestos notification and inspection

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

  4  collecting fees sufficient to support the requirements of 40

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

  6  state-generated asbestos notification fees, the state may

  7  discontinue collection of the state asbestos notification fees

  8  in that county.

  9         Section 19.  Paragraph (g) of subsection (1) of section

10  475.01, Florida Statutes, is amended to read:

11         475.01  Definitions.--

12         (1)  As used in this part:

13         (g)  "First contact" means at the commencement of the

14  initial meeting of or communication between a licensee and a

15  seller or buyer; however, the term does not include:

16         1.  A bona fide "open house" or model home showing that

17  does not involve eliciting confidential information; the

18  execution of a contractual offer or an agreement for

19  representation; or negotiations concerning price, terms, or

20  conditions of a potential sale;

21         2.  Unanticipated casual encounters between a licensee

22  and a seller or buyer that do not involve eliciting

23  confidential information; the execution of a contractual offer

24  or an agreement for representation; or negotiations concerning

25  price, terms, or conditions of a potential sale;

26         3.  Responding to general factual questions from a

27  prospective buyer or seller concerning properties that have

28  been advertised for sale; or

29         4.  Situations in which a licensee's communications

30  with a customer are limited to providing general factual

31  information, oral or written, about the qualifications,

                                  35

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  background, and services of the licensee or the licensee's

  2  brokerage firm; or

  3         5.  Sales of new construction by the owner of the

  4  property or the owner's agents.

  5

  6  In any of the situations described in subparagraphs 1.-5.

  7  1.-4., "first contact" occurs when the communications between

  8  the licensee and the prospective seller or buyer proceed in

  9  any way beyond the conditions or limitations described in

10  subparagraphs 1.-5. 1.-4.

11         Section 20.  Section 481.222, Florida Statutes, is

12  created to read:

13         481.222  Architects performing building code inspector

14  duties.--Notwithstanding any other provision of this part, a

15  person currently licensed to practice as an architect under

16  this part may provide building inspection services described

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

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

19  Building Code Administrators and Inspectors under part XIII of

20  chapter 468. When performing these building inspection

21  services, the architect is subject to the disciplinary

22  guidelines of this part and s. 468.621(1)(c)-(g). The

23  complaint processing, investigation, and discipline shall be

24  conducted by the Board of Architecture and Interior Design

25  rather than the Board of Building Code Administrators and

26  Inspectors. An architect may not perform plans review as an

27  employee of a local government upon any job that the architect

28  or the architect's company designed.

29         Section 21.  Subsections (17), (18), and (19) are added

30  to section 489.103, Florida Statutes, to read:

31         489.103  Exemptions.--This part does not apply to:

                                  36

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  prefabricated portable sheds that are not more than 250 square

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

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

  5  construed to interfere with local building codes, local

  6  licensure requirements, or other local ordinance provisions.

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

  8  residence constructed by Habitat for Humanity International,

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

10  International, Inc., or its local affiliates, must obtain all

11  necessary building permits and all required building

12  inspections.

13         (19)  Any work or operation contracted by any person

14  licensed under part I of chapter 475, as a single agent or

15  transaction broker for an owner of real property, provided the

16  person is acting within the scope of his or her license and

17  provided the aggregate contract price for labor, materials,

18  and all other items is less than $5,000; however, this

19  exemption does not apply:

20         (a)  If the construction, repair, remodeling, or

21  improvement is a part of a larger or major operation, whether

22  undertaken by the same or a different contractor, or in which

23  a division of the operation is made in contracts of amounts

24  less than $5,000 for the purpose of evading this part or

25  otherwise.

26         (b)  To a person who advertises that he or she is a

27  contractor or otherwise represents that he or she is qualified

28  to engage in contracting.

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

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

31

                                  37

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  Statutes, are amended, and subsection (19) is added to said

  2  section, to read:

  3         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

10  building or structure, including related improvements to real

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

12  scope is substantially similar to the job scope described in

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

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

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

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

17  in height, other than buildings or residences over three

18  stories tall; and buildings or residences over three stories

19  tall. Contractors are subdivided into two divisions, Division

20  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

27  licensure under this part, except as otherwise expressly

28  provided in s. 489.113 this part.

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

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

31  the experience, knowledge, and skill necessary for the

                                  38

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  manufacture, fabrication, assembling, handling, erection,

  2  installation, dismantling, conditioning, adjustment,

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

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

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

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

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

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

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

10  duct cleaning and equipment sanitizing which requires at least

11  a partial disassembling of the system.

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

13  contractor whose services are unlimited in the execution of

14  contracts requiring the experience, knowledge, and skill to

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

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

17  refrigeration, heating, and ventilating systems, including

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

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

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

21  and unfired pressure vessel systems, and all appurtenances,

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

23  duct cleaning and equipment sanitizing which requires at least

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

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

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

27  ducts, pressure and process piping, and pneumatic control

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

29  the load side of the dedicated existing electrical disconnect

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

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

                                  39

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

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

  4  such contractor shall also include any excavation work

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

  6  liquefied petroleum or natural gas fuel lines within

  7  buildings, potable water lines or connections thereto,

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

  9  electrical power wiring.

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

11  contractor whose services are limited to 25 tons of cooling

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

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

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

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

16  refrigeration, heating, and ventilating systems, including

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

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

19  necessary to make complete an air-distribution system being

20  installed under this classification, and any duct cleaning and

21  equipment sanitizing which requires at least a partial

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

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

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

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

26  side of the dedicated existing electrical disconnect switch;

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

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

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

30  existing safe waste or other approved disposal other than a

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

                                  40

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  such contractor shall also include any excavation work

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

  3  liquefied petroleum or natural gas fuel lines within

  4  buildings, potable water lines or connections thereto,

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

  6  electrical power wiring.

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

  8  contractor whose business is limited to the servicing of

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

10  any duct cleaning and equipment sanitizing which requires at

11  least a partial disassembling of the system alterations in

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

13  whose certification or registration, issued pursuant to this

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

15  registered or certified as a Class C air-conditioning

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

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

18  continue to license and regulate those Class C

19  air-conditioning contractors who held Class C licenses prior

20  to October 1, 1988.

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

22  services are unlimited in the execution of contracts requiring

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

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

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

26  heating, and ventilating systems, including duct work in

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

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

29  complete an air-distribution system, boiler and unfired

30  pressure vessel systems, lift station equipment and piping,

31  and all appurtenances, apparatus, or equipment used in

                                  41

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  connection therewith, and any duct cleaning and equipment

  2  sanitizing which requires at least a partial disassembling of

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

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

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

  6  piping, pneumatic control piping, gasoline tanks and pump

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

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

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

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

11  reconnect power wiring on the load side of the dedicated

12  existing electrical disconnect switch; to install, disconnect,

13  and reconnect low voltage heating, ventilating, and

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

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

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

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

18  also include any excavation work incidental thereto, but shall

19  not include any work such as liquefied petroleum gas fuel

20  lines within buildings, potable water lines or connections

21  thereto, sanitary sewer lines, swimming pool piping and

22  filters, or electrical power wiring.

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

24  contractor whose scope of work involves the servicing and

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

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

27  piping and repairs, replacement and repair of existing

28  equipment, or installation of new additional equipment as

29  necessary. The scope of such work includes the reinstallation

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

31  filter equipment, and chemical feeders of any type,

                                  42

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  replastering, reconstruction of decks, and reinstallation or

  2  addition of pool heaters. The installation, construction,

  3  modification, substantial or complete disassembly, or

  4  replacement of equipment permanently attached to and

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

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

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

  8  treatment or cleaning shall not require licensure unless the

  9  usage involves construction, modification, substantial or

10  complete disassembly, or replacement of such equipment. Water

11  treatment that does not require such equipment does not

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

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

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

15  its associated equipment.

16         (n)  "Underground utility and excavation contractor"

17  means a contractor whose services are limited to the

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

19  property, whether accomplished through open excavations or

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

21  directional drilling, auger boring, jacking and boring,

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

23  lining, of: main sanitary sewer collection systems, main water

24  distribution systems, storm sewer collection systems, and the

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

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

27  individual occupancy, sewer collection systems at property

28  line on residential or single-occupancy commercial properties,

29  or on multioccupancy properties at manhole or wye lateral

30  extended to an invert elevation as engineered to accommodate

31  future building sewers, water distribution systems, or storm

                                  43

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  sewer collection systems at storm sewer structures. However,

  2  an underground utility and excavation contractor may install

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

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

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

  6  provided that each conduit system installed is designed by a

  7  licensed professional engineer or an authorized employee of a

  8  municipality, county, or public utility and that the

  9  installation of any such conduit does not include installation

10  of any conductor wiring or connection to an energized

11  electrical system. An underground utility and excavation

12  contractor shall not install any piping that is an integral

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

14  beginning at the point where the piping is used exclusively

15  for such system.

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

17  certificate or registration is granted to an individual or

18  business organization, including the first time an individual

19  becomes a qualifying agent for that business organization and

20  the first time a business organization is qualified by that

21  individual.

22         Section 23.  Subsection (6) of section 489.107, Florida

23  Statutes, is amended to read:

24         489.107  Construction Industry Licensing Board.--

25         (6)  The Construction Industry Licensing Board and the

26  Electrical Contractors' Licensing Board shall each appoint a

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

28  year.

29         Section 24.  Subsection (10) of section 489.113,

30  Florida Statutes, is amended to read:

31         489.113  Qualifications for practice; restrictions.--

                                  44

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

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

  4  existing type of contractor under this part unless the

  5  Legislature expressly provides such a limitation.

  6         Section 25.  Section 489.1135, Florida Statutes, is

  7  repealed.

  8         Section 26.  Section 489.1136, Florida Statutes, is

  9  created to read:

10         489.1136  Medical gas certification.--

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

12  registration required to engage in business as a plumbing

13  contractor, any plumbing contractor who wishes to engage in

14  the business of installation, improvement, repair, or

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

16  transport gaseous or partly gaseous substances for medical

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

18  education requirement, at least once during the holding of

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

20  shall be given by an instructional facility or teaching entity

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

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

23  to teach familiarity with the National Fire Prevention

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

25  latest edition) and also designed to teach familiarity and

26  practical ability in performing and inspecting brazing duties

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

28  maintenance work. Such course shall issue a certificate of

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

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

31

                                  45

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  have such contractor engage in the business of installation,

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

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

  4  licensed plumbing contractor to provide work on the

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

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

  7  prerequisite to his or her ability to provide such service

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

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

10  designed to teach familiarity with the National Fire

11  Prevention Association Standard 99C (Standard on Gas and

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

13  familiarity and practical ability in performing and inspecting

14  brazing duties required of medical gas installation,

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

16  also include the administration of a practical examination in

17  the skills required to perform work as outlined above,

18  including brazing, and each examination shall be reasonably

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

20  person taking such course and examination must, upon

21  successful completion of both, be issued a certificate of

22  completion by the giver of such course, which certificate

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

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

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

26  medical gas system.

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

28  only brazing duties incidental to the installation,

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

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

31  familiarity with and practical ability in performing brazing

                                  46

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  duties required of medical gas installation, improvement,

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

  3  approved by the board. Such examination must test for

  4  knowledge of National Fire Prevention Association Standard 99C

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

  6  person taking such examination must, upon passing such

  7  examination, be issued a certificate of completion by the

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

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

10  seeking to have or employ such person to perform brazing

11  duties on a medical gas system.

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

13  contractor to ascertain whether members of his or her

14  workforce are in compliance with this subsection, and such

15  contractor is subject to discipline under s. 489.129 for

16  violation of this subsection.

17         (e)  Training programs in medical gas piping

18  installation, improvement, repair, or maintenance shall be

19  reviewed annually by the board to ensure that programs have

20  been provided equitably across the state.

21         (f)  Periodically, the board shall review training

22  programs in medical gas piping installation for quality in

23  content and instruction in accordance with the National Fire

24  Prevention Association Standard 99C (Standard on Gas and

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

26  to complaints regarding approved programs.

27         (g)  Training required under this section for current

28  licensees must be met by October 1, 2000.

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

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

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

                                  47

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

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

  4  must be present.

  5         (b)  It is the responsibility of the licensed

  6  contractor to ascertain whether members of his or her

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

  8  contractor is subject to discipline under s. 489.129 for

  9  violation of this subsection.

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

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

12  and all gaseous or partly gaseous substance used in medical

13  patient care and treatment shall be presumed for the purpose

14  of this section to be used for medical purposes.

15         Section 27.  Subsection (4) is added to section 553.06,

16  Florida Statutes, to read:

17         553.06  State Plumbing Code.--

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

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

20  transport gaseous or partly gaseous substances for medical

21  purposes shall be governed and regulated under National Fire

22  Prevention Association Standard 99C (Standard on Gas and

23  Vacuum Systems, latest edition). Notwithstanding the

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

25  or excepted from the requirements of this subsection.

26         Section 28.  Paragraph (b) of subsection (4) of section

27  489.115, Florida Statutes, is amended, and subsection (7) is

28  added to said section, to read:

29         489.115  Certification and registration; endorsement;

30  reciprocity; renewals; continuing education.--

31         (4)

                                  48

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (b)1.  Each certificateholder or registrant shall

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

  3  that the certificateholder or registrant has completed at

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

  5  continuing education courses during each biennium since the

  6  issuance or renewal of the certificate or registration. The

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

  8  14 hours must deal with the subject of workers' compensation,

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

10  rule establish criteria for the approval of continuing

11  education courses and providers, including requirements

12  relating to the content of courses and standards for approval

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

14  alternative nonclassroom continuing education on an

15  hour-for-hour basis.

16         2.  In addition, the board may approve specialized

17  continuing education courses on compliance with the wind

18  resistance provisions for one and two family dwellings

19  contained in the State Minimum Building Codes and any

20  alternate methodologies for providing such wind resistance

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

22  Codes and Standards. Division I certificateholders or

23  registrants who demonstrate proficiency upon completion of

24  such specialized courses may certify plans and specifications

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

26  code or alternate methodologies, as appropriate, except for

27  dwellings located in floodways or coastal hazard areas as

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

29  Program.

30         (7)  If a certificateholder or registrant holds a

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

                                  49

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  certificateholder or registrant may apply those course hours

  3  for workers' compensation, workplace safety, and business

  4  practices obtained under part II to the requirements under

  5  this part.

  6         Section 29.  Paragraph (a) of subsection (3) of section

  7  489.119, Florida Statutes, is amended to read:

  8         489.119  Business organizations; qualifying agents.--

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

10  registered under this part in order for the business

11  organization to be issued a certificate of authority in the

12  category of the business conducted for which the qualifying

13  agent is certified or registered. If any qualifying agent

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

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

16  qualifying agent is the only certified or registered

17  contractor affiliated with the business organization, the

18  business organization shall notify the department of the

19  termination of the qualifying agent and shall have 60 days

20  from the termination of the qualifying agent's affiliation

21  with the business organization in which to employ another

22  qualifying agent. The business organization may not engage in

23  contracting until a qualifying agent is employed, unless the

24  executive director or chair of the board has granted a

25  temporary nonrenewable certificate or registration to the

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

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

28  assumes all responsibilities of a primary qualifying agent for

29  the entity. This temporary certificate or registration shall

30  only allow the entity to proceed with incomplete contracts as

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

                                  50

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  entered into by, the business organization prior to the

  3  cessation of affiliation of the qualifying agent with the

  4  business organization or one on which the business

  5  organization was the low bidder and the contract is

  6  subsequently awarded, regardless of whether any actual work

  7  has commenced under the contract prior to the qualifying agent

  8  ceasing to be affiliated with the business organization.

  9         Section 30.  Section 489.140, Florida Statutes, is

10  amended to read:

11         489.140  Construction Industries Recovery Fund.--There

12  is created the Florida Construction Industries Recovery Fund

13  as a separate account in the Professional Regulation Trust

14  Fund.

15         (1)  The Florida Construction Industries Recovery Fund

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

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

18  court of competent jurisdiction to have suffered monetary

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

20  restitution by the board, where the judgment or restitution

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

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

23  officer, or business organization licensed under the

24  provisions of this part at the time the violation was

25  committed, and providing that the violation occurs after July

26  1, 1993.

27         (2)  The Construction Industries Recovery Fund shall be

28  funded out of the receipts deposited in the Professional

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

30  surcharge on building permits collected and disbursed pursuant

31  to s. 468.631.

                                  51

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

  3  shall be transferred into the Construction Industries Recovery

  4  Fund.

  5         Section 31.  Section 489.141, Florida Statutes, is

  6  amended to read:

  7         489.141  Conditions for recovery; eligibility.--

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

  9  Construction Industries Recovery Fund after having made a

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

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

12  of insurance, if:

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

14  of competent jurisdiction in this state in any action wherein

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

16  the Construction Industry Licensing Board has issued a final

17  order directing the licensee to pay restitution to the

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

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

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

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

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

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

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

25  notice requirement;

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

27  execution upon such judgment, and the officer executing the

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

29  property of the judgment debtor or licensee liable to be

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

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

                                  52

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  or licensee's property pursuant to such execution was

  2  insufficient to satisfy the judgment; or

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

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

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

  6  searches and inquiries to ascertain whether the judgment

  7  debtor or licensee is possessed of real or personal property

  8  or other assets subject to being sold or applied in

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

10  discovered no property or assets or has discovered property

11  and assets and has taken all necessary action and proceedings

12  for the application thereof to the judgment but the amount

13  thereby realized was insufficient to satisfy the judgment; or

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

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

16  the board; and

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

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

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

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

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

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

23  year after the conclusion of any civil or administrative

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

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

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

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

28  of restitution ordered by the board; and

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

30  this act from making a claim for recovery.

31

                                  53

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  recovery from the Construction Industries Recovery Fund, if:

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

  4  or licensee or a personal representative of such spouse;

  5         (b)  The claimant is a licensee certificateholder or

  6  registrant who acted as the contractor in the transaction

  7  which is the subject of the claim;

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

  9  contract in which the licensee certificateholder or registrant

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

11  the licensee certificateholder or registrant;

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

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

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

15         (e)  Such person was associated in a business

16  relationship with the licensee certificateholder or registrant

17  other than the contract at issue.

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

19  making improper payments to a contractor as defined in chapter

20  713, part I.

21         Section 32.  Section 489.142, Florida Statutes, is

22  amended to read:

23         489.142  Board powers relating to recovery upon

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

25  actions for recovery from the Construction Industries Recovery

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

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

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

29  take any action it deems appropriate and may take recourse

30  through any appropriate method of review on behalf of the

31  State of Florida.

                                  54

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         Section 33.  Section 489.143, Florida Statutes, is

  2  amended to read:

  3         489.143  Payment from the fund.--

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

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

  6  payment to be made to such person from the Construction

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

  8  restitution order, exclusive of postjudgment interest, against

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

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

11  judgment or restitution order, exclusive of postjudgment

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

13  extent and amount reflected in the judgment or restitution

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

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

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

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

18  in s. 489.140(1).

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

20  payment from the Construction Industries Recovery Fund, the

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

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

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

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

25  claimant; and any amount subsequently recovered on the

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

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

28  for the purpose of reimbursing the Construction Industries

29  Recovery Fund.

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

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

                                  55

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  regardless of the number of claimants involved in the

  2  transaction.

  3         (4)  Payments for claims against any one licensee

  4  certificateholder or registrant shall not exceed, in the

  5  aggregate, $100,000.

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

  7  aggregate limits for each transaction and licensee and to the

  8  limits of the amount appropriated to pay claims against the

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

10         (6)  If the annual appropriation is exhausted with

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

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

13  remaining in the Construction Industries Recovery Fund at the

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

15  468.631.

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

17  exceed 80 percent of the fund balance plus anticipated revenue

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

19  claims until such time as the board is given express

20  authorization and funding from the Legislature.

21         (7)(6)  Upon the payment of any amount from the

22  Construction Industries Recovery Fund in settlement of a claim

23  in satisfaction of a judgment or restitution order against a

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

25  license of such licensee certificateholder shall be

26  automatically suspended, without further administrative

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

28  such licensee certificateholder shall not be reinstated until

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

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

31

                                  56

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  person from the penalties and disabilities provided in this

  2  section.

  3         Section 34.  Subsection (14) of section 489.503,

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

  5  (19), and (20) are added to said section, to read:

  6         489.503  Exemptions.--This part does not apply to:

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

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

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

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

11  transmitting data, voice communications, or commands as part

12  of:

13         (a)  A system of telecommunications, including

14  computers, telephone customer premises equipment, or premises

15  wiring; or

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

17  or radio distribution system.

18

19  The scope of this exemption is limited to electrical circuits

20  and equipment governed by the applicable provisions of

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

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

23  47 C.F.R. part 68. Additionally, a company certified under

24  chapter 364 is not subject to any local ordinance that

25  requires a permit for work performed by its employees related

26  to low voltage electrical work, including related technical

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

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

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

30  telecommunication service as required by chapter 364, and is

31  not actively competitive in nature or the subject of a

                                  57

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

  3  subcontractors.

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

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

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

  7  enforcement officer or fire official acting in an official

  8  capacity.

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

10  employee of any state or federally chartered financial

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

12  affiliate, or subsidiary thereof, so long as:

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

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

15  U.S.C. s. 1882;

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

17  applicable firesafety standards as set forth in chapter 633;

18  and

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

20  associated with:

21         1.  The commercial property where banking operations

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

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

24  655.005(1)(h), or any parent, affiliate, or subsidiary

25  thereof; or

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

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

28

29  and does not otherwise extend to the monitoring of residential

30  systems.

31

                                  58

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

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

  4  is leased by, the business;

  5         (b)  The alarm system complies with all applicable

  6  firesafety standards as set forth in chapter 633; and

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

  8  commercial premises leased by the business endeavor or

  9  commercial premises owned by the business endeavor and not

10  leased to another.

11

12  This exemption is intended to allow businesses to monitor

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

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

15  to enable the owner of any apartment complex, aggregate

16  housing, or commercial property to monitor alarm systems on

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

18  customers thereof.

19         (20)  Any work or operation contracted by any person

20  licensed under part I of chapter 475, as a single agent or

21  transaction broker for an owner of real property, provided the

22  person is acting within the scope of his or her license and

23  provided the aggregate contract price for labor, materials,

24  and all other items is less than $5,000; however, this

25  exemption does not apply:

26         (a)  If the construction, repair, remodeling, or

27  improvement is a part of a larger or major operation, whether

28  undertaken by the same or a different contractor, or in which

29  a division of the operation is made in contracts of amounts

30  less than $5,000 for the purpose of evading this part or

31  otherwise.

                                  59

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (b)  To a person who advertises that he or she is a

  2  contractor or otherwise represents that he or she is qualified

  3  to engage in contracting.

  4         Section 35.  Subsection (24) of section 489.505,

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

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

  7  renumbered as subsections (24), (25), and (26), respectively,

  8  and a new subsection (27) is added to said section, to read:

  9         489.505  Definitions.--As used in this part:

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

11  signaling device, or combination of electrical devices used to

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

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

14  equipment failure.

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

16  system contractor who possesses a certificate of competency

17  issued by the department. The scope of certification is

18  limited to alarm circuits originating in the alarm control

19  panel and equipment governed by the applicable provisions of

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

21  Electrical Code, Current Edition, and National Fire Protection

22  Association Standard 72, Current Edition. The scope of

23  certification for alarm system contractors also includes the

24  installation, repair, fabrication, erection, alteration,

25  addition, or design of electrical wiring, fixtures,

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

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

28  for the purpose of transmitting data or proprietary video

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

30  television or radio distribution system) or providing central

31  vacuum capability or electric locks; however, this provision

                                  60

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  governing the scope of certification does not create any

  2  mandatory licensure requirement.

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

  4  scope of practice is limited to a specific segment of

  5  electrical or alarm system contracting, including, but not

  6  limited to, residential electrical contracting, maintenance of

  7  electrical fixtures, installation and maintenance of

  8  elevators, and fabrication, erection, installation, and

  9  maintenance of electrical outdoor advertising signs together

10  with the interrelated parts and supports thereof. Categories

11  of specialty contractor shall be established by board rule.

12         (23)  "Registered residential alarm system contractor"

13  means an alarm system contractor whose business is limited to

14  burglar alarm systems in single-family residential, quadruplex

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

16  residential occupancy class and who is registered with the

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

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

19  registered residential alarm system contractor may contract

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

21  issued.

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

23  an alarm system contractor whose business is limited to the

24  installation of burglar alarms in single-family homes and

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

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

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

28  or s. 489.537(8).

29         (24)(25)  "Licensure" means any type of certification

30  or registration provided for in this part.

31         (25)(26)  "Burglar alarm system agent" means a person:

                                  61

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  contractor or licensed electrical contractor;

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

  4  an activity which constitutes alarm system contracting

  5  requiring licensure under this part; and

  6         (c)  Whose specific duties include any of the

  7  following:  altering, installing, maintaining, moving,

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

  9  an intrusion or burglar alarm system for compensation.

10         (26)(27)  "Personal emergency response system" means

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

12  electrical receptacle and which is designed to initiate a

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

14  responsibility to determine the proper response to, personal

15  emergencies.

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

17  electronic signals, originating from any building within the

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

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

20  protective system and to initiate a response thereto.  A

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

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

23  working within, protected premises;

24         (b)  The person initiates emergency action in response

25  to hearing or observing an alarm signal;

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

27  primary responsibilities; and

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

29  monitoring facility, as defined by the National Fire

30  Protection Association pursuant to rule adopted under chapter

31  633.

                                  62

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  Statutes, is amended to read:

  3         489.507  Electrical Contractors' Licensing Board.--

  4         (5)  The Electrical Contractors' Licensing Board and

  5  the Construction Industry Licensing Board shall each appoint a

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

  7  year.

  8         Section 37.  Section 489.509, Florida Statutes, is

  9  amended to read:

10         489.509  Fees.--

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

12  paid for applications, examination, reexamination, transfers,

13  licensing and renewal, reinstatement, and recordmaking and

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

15  covers the cost of obtaining and administering the examination

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

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

18  The fee for initial application and examination for

19  certification of electrical contractors may not exceed $400.

20  The initial application fee for registration may not exceed

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

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

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

24  application and examination for certification of alarm system

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

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

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

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

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

30  to renew an active or inactive certificate or registration

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

                                  63

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  certificate or registration becoming delinquent. The fee to

  2  transfer a certificate or registration from one business

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

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

  5  board shall establish fees that are adequate to ensure the

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

  7  department estimates of the revenue required to implement this

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

  9  of electrical contractors and alarm system contractors.

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

11  certificate from the board may go on inactive status during

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

13  retain the certificate or registration on an inactive basis,

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

15  exceed $50 per renewal period.

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

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

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

19  Department of Education to fund projects relating to the

20  building construction industry or continuing education

21  programs offered to persons engaged in the building

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

23  the funds are transferred, advise the Department of Education

24  on the most needed areas of research or continuing education

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

26  the most common types of consumer complaints or on problems

27  costing the state or local governmental entities substantial

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

29  Education. The Department of Education must allocate 50

30  percent of the funds to a graduate program in building

31  construction in a Florida university and 50 percent of the

                                  64

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  funds to all accredited private and state universities and

  2  community colleges within the state offering approved courses

  3  in building construction, with each university or college

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

  5  of full-time building construction students enrolled at the

  6  institution. The Department of Education shall ensure the

  7  distribution of research reports and the availability of

  8  continuing education programs to all segments of the building

  9  construction industry to which they relate. The Department of

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

11  summarizing the allocation of the funds by institution and

12  summarizing the new projects funded and the status of

13  previously funded projects. The Commissioner of Education is

14  directed to appoint one electrical contractor and one

15  certified alarm system contractor to the Building Construction

16  Industry Advisory Committee.

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

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

19  489.511, Florida Statutes, are amended to read:

20         489.511  Certification; application; examinations;

21  endorsement.--

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

23  certification examination for the purpose of determining

24  whether he or she is qualified to engage in contracting

25  throughout the state as a contractor if the person:

26         1.  Is at least 18 years of age;

27         2.  Is of good moral character; and

28         3.  Meets eligibility requirements according to one of

29  the following criteria:

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

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

                                  65

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

  3  experience may be educational equivalent;

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

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

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

  7  or she is making application;

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

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

10  training, technical education, or supervisory broad experience

11  associated with an electrical or alarm system contracting

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

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

14  governmental entity installation or servicing endeavor; or

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

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

17  professional an engineer who is qualified by education,

18  training, or experience to practice electrical engineering; or

19         e.  Has any combination of qualifications under

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

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

22  is qualified shall be allowed to take the examination three

23  times, notwithstanding the number of times the applicant has

24  previously failed the examination. If an applicant fails the

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

26  require the applicant to complete additional college-level or

27  technical education courses in the areas of deficiency, as

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

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

30  application that meets all certification requirements at the

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

                                  66

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  registered unlimited electrical contractor or certified or

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

  3  passed an examination determined by the board to be

  4  substantially equivalent to the examination required for

  5  certification as either an unlimited electrical contractor or

  6  an alarm system contractor and who has satisfied the other

  7  requirements of this section shall be certified as an alarm

  8  system contractor I without further examination.

  9         (5)

10         (b)  For those specialty electrical or alarm system

11  contractors applying for certification under this part who

12  work in jurisdictions that do not require local licensure for

13  those activities for which the applicant desires to be

14  certified, the experience requirement may be met by

15  demonstrating at least 6 years of comprehensive training,

16  technical education, or supervisory broad experience, within

17  the 12 years immediately preceding the filing of the

18  application, in the type of specialty electrical or alarm

19  system work for which certification is desired. An affidavit

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

21  performed the work required under this paragraph shall be

22  sufficient to demonstrate to the board that the applicant has

23  met the experience requirement.

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

25  Statutes, is amended to read:

26         489.513  Registration; application; requirements.--

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

28  the applicant shall file evidence of holding a current

29  occupational license or a current license issued by any

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

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

                                  67

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  department, together with evidence of successful compliance

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

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

  4  the registration fee fixed pursuant to this part. No

  5  examination may be required for registration as an electrical

  6  contractor except for any examination required by a local

  7  government to obtain the local licensure.

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

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

10  residential alarm system contractor, the applicant shall file

11  evidence of holding a current occupational license or a

12  current license issued by any municipality or county of the

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

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

15  required by that municipality or county, together with

16  evidence of having passed an appropriate local examination,

17  written or oral, designed to test skills and knowledge

18  relevant to the technical performance of the profession,

19  accompanied by the registration fee fixed pursuant to this

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

21  jurisdiction which does not issue a local license as an

22  electrical or alarm system contractor or does not require an

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

24  be considered qualified to be issued a registration in the

25  appropriate electrical or alarm system category, provided that

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

27  on an examination which is substantially equivalent to the

28  examination approved by the board for certification in the

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

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

31  pass an examination in order to obtain a registration shall

                                  68

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  not apply to persons making application prior to the effective

  2  date of this act.

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

  4  section 489.517, Florida Statutes, to read:

  5         489.517  Renewal of certificate or registration;

  6  continuing education.--

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

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

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

10  the certificateholder or registrant may apply those course

11  hours for workers' compensation, workplace safety, and

12  business practices obtained under part I to the requirements

13  under this part.

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

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

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

17  1 hour on business practices.

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

19  registrant certifies that he or she has continually maintained

20  the required amounts of public liability and property damage

21  insurance as specified by board rule. The board shall

22  establish by rule a procedure to verify the public liability

23  and property damage insurance for a specified period, based

24  upon a random sampling method.

25         Section 41.  Section 489.519, Florida Statutes, is

26  amended to read:

27         489.519  Inactive status.--

28         (1)  A certificate or registration that has become

29  inactive may be reactivated under s. 489.517 upon application

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

31  continuing education requirements as a condition of

                                  69

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  reactivating a certificate or registration. The continuing

  2  education requirements for reactivating a certificate or

  3  registration may not exceed 12 classroom hours for each year

  4  the certificate or registration was inactive.

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

  6  contrary, a certificateholder or registrant may apply to the

  7  department for voluntary inactive status at any time during

  8  the period of certification or registration.

  9         (3)(2)  The board shall impose, by rule, continuing

10  education requirements for voluntary inactive

11  certificateholders, when voluntary inactive status is sought

12  by certificateholders who are also building code

13  administrators, plans examiners, or inspectors certified

14  pursuant to part XIII of chapter 468.

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

16  certification examination must submit an application either to

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

18  inactive status.

19         Section 42.  Section 489.521, Florida Statutes, is

20  amended to read:

21         489.521  Business organizations; qualifying agents.--

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

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

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

25  name is used, the applicant shall furnish evidence of

26  statutory compliance.

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

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

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

30  application shall state the name of the partnership and its

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

                                  70

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

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

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

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

  5  statutory compliance if a fictitious name is used. Such

  6  application shall also show that the qualifying agent is

  7  legally qualified to act for the business organization in all

  8  matters connected with its electrical or alarm system

  9  contracting business and that he or she has authority to

10  supervise electrical or alarm system contracting undertaken by

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

12  venture composed of qualified business organizations, is

13  itself a separate and distinct organization that shall be

14  qualified in accordance with board rules. The registration or

15  certification, when issued upon application of a business

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

17  and the name of the business organization shall be noted

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

19  required to be stated on the application, the business

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

21  mail the correct information to the department.

22         2.  Any person certified or registered pursuant to this

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

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

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

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

27  for certification or registration under this part for a period

28  of 5 years.

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

30  proposed qualifying agent is legally qualified to act for the

31  business organization in all matters connected with its

                                  71

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  electrical or alarm system contracting business and concerning

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

  3  supervise electrical or alarm system contracting work

  4  undertaken by the business organization.

  5         (c)  The proposed qualifying agent shall demonstrate

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

  7  experience to qualify the business organization in the

  8  following manner:

  9         1.  Having met the qualifications provided in s.

10  489.511 and been issued a certificate of competency pursuant

11  to the provisions of s. 489.511; or

12         2.  Having demonstrated that he or she possesses the

13  required experience and education requirements provided in s.

14  489.511 which would qualify him or her as eligible to take the

15  certification examination.

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

17  furnish evidence of financial responsibility, credit, and

18  business reputation of the business organization, as well as

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

20  defining financial responsibility based upon the business

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

22  history of bankruptcy or assignment of receivers. Such rules

23  shall specify the financial responsibility grounds on which

24  the board may determine that a business organization is not

25  qualified to engage in contracting.

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

27  certification examination, the board shall, within 60 days

28  from the date of the examination, inform the business

29  organization in writing whether or not its qualifying agent

30  has qualified.

31

                                  72

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  applying to engage in contracting, after having been notified

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

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

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

  6  department. A new application to engage in contracting shall

  7  be accompanied by another application fee fixed pursuant to

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

  9  good cause.

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

11  organization's proposed qualifying agent has qualified, the

12  business organization shall be authorized to engage in the

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

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

15  business organization shall be noted thereon.

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

17  renewal of a certificate, the applicant certificateholder or

18  the business organization he or she qualifies shall submit

19  evidence an affidavit on a form provided by the board

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

21  organization has obtained public liability and property damage

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

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

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

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

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

27  initial issuance of a certificate, the applicant shall furnish

28  evidence of financial responsibility, credit, and business

29  reputation of either himself or herself or the business

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

31  adopt rules defining financial responsibility based upon the

                                  73

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  bankruptcy or assignment of receivers. Such rules shall

  3  specify the financial responsibility grounds on which the

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

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

  6  certificateholder or business organization is notified that he

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

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

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

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

11  department that the certificateholder or the business

12  organization is competent and qualified to engage in

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

14  apply to inactive certificates.

15         (5)  At least one officer member or supervising

16  employee of the business organization must be qualified under

17  this act in order for the business organization to be

18  qualified to engage in contracting in the category of the

19  business conducted for which the member or supervising

20  employee is qualified. If any individual so qualified on

21  behalf of the business organization ceases to qualify be

22  affiliated with the business organization, he or she shall

23  notify the board and the department thereof within 30 days

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

25  only qualified individual who qualifies affiliated with the

26  business organization, the business organization shall notify

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

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

29  the individual individual's affiliation with the business

30  organization in which to qualify another person under the

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

                                  74

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  determine that the business organization is no longer

  2  qualified to engage in contracting. The individual shall also

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

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

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

  6  business organization, shall supply the same information to

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

  8  investigation of the financial responsibility, credit, and

  9  business reputation of the individual or the new business

10  organization and upon a favorable determination, the board

11  shall certify the business organization as qualified, and the

12  department shall issue, without examination, a new certificate

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

14  new business organization, as provided in this section.

15         (6)  When a business organization qualified to engage

16  in contracting makes application for an occupational license

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

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

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

20  issued to the business organization upon payment of the

21  appropriate licensing fee and exhibition to the tax collector

22  of a valid certificate issued by the department.

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

24  affix the number of his or her registration or certification

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

26  permit issued and recorded.  Each city or county building

27  department shall require, as a precondition for the issuance

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

29  permit provide verification giving the number of his or her

30  registration or certification under this part.

31

                                  75

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (b)  The registration or certification number of a

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

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

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

  5  "advertisement" does not include business stationery or any

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

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

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

  9  to include that contractor's certification or registration

10  number when submitting an advertisement for publication,

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

12  any advertisement to be a certified or registered contractor,

13  but who does not hold a valid state certification or

14  registration, commits a misdemeanor of the second degree,

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

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

17  amount equal to the original fee for certification or

18  registration to qualify any additional business organizations.

19  If the qualifying agent for a business organization desires to

20  qualify additional business organizations, the board shall

21  require him or her to present evidence of supervisory ability

22  and financial responsibility of each such organization.

23  Allowing a licensee to qualify more than one business

24  organization shall be conditioned upon the licensee showing

25  that the licensee has both the capacity and intent to

26  adequately supervise each business organization in accordance

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

28  business organizations which the licensee may qualify except

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

30  required under this subsection or upon a finding that such

31  information or evidence as is supplied is incomplete or

                                  76

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






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






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

  2  comply with the requirements of this subsection. A

  3  qualification for an additional business organization may be

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

  5  licensee has failed in the licensee's responsibility to

  6  adequately supervise the operations of that business

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

  8  responsibility to adequately supervise the operations of a

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

10  be grounds for denial to qualify additional business

11  organizations. The issuance of such certification or

12  registration is discretionary with the board.

13         (9)  If a business organization or any of its partners,

14  officers, directors, trustees, or members is disciplined for

15  violating s. 489.533(1), the board may, on that basis alone,

16  deny issuance of a certificate or registration to a qualifying

17  agent on behalf of that business organization.

18         Section 43.  Section 489.525, Florida Statutes, is

19  amended to read:

20         489.525  Reports of certified contractors to local

21  building officials.--

22         (1)  The department shall inform all local boards or

23  building officials prior to October of each year of the names

24  of all certificateholders and the status of the certificates.

25         (2)  The department may shall include in the report of

26  certified contractors provided in subsection (1) a report to

27  all county tax collectors, local boards, and building

28  officials, containing:

29         (a)  the contents of this part; and

30         (b)  the contents of the rules of the board and the

31  contents of the rules of the department which affect local

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  government as determined by the department. Any information

  2  that is available through the Internet or other electronic

  3  means may be excluded from the report.

  4         Section 44.  Subsections (1) and (2) of section

  5  489.533, Florida Statutes, are amended to read:

  6         489.533  Disciplinary proceedings.--

  7         (1)  The following acts shall constitute grounds for

  8  disciplinary actions as provided in subsection (2):

  9         (a)  Failure to comply with Violating any provision of

10  s. 489.531 or chapter 455.

11         (b)  Attempting to procure a certificate or

12  registration to practice electrical or alarm system

13  contracting by bribery or fraudulent or willful

14  misrepresentations.

15         (c)  Having a certificate or registration to practice

16  contracting revoked, suspended, or otherwise acted against,

17  including the denial of licensure, by the licensing authority

18  of another state, territory, or country.

19         (d)  Being convicted or found guilty of, or entering a

20  plea of nolo contendere to, regardless of adjudication, of a

21  crime in any jurisdiction which directly relates to the

22  practice of electrical or alarm system contracting or the

23  ability to practice electrical or alarm system contracting.

24         (e)  Making or filing a report or record which the

25  certificateholder or registrant knows to be false, willfully

26  failing to file a report or record required by state or

27  federal law, willfully impeding or obstructing such filing, or

28  inducing another person to impede or obstruct such filing.

29  Such reports or records shall include only those which are

30  signed in the capacity of a certified electrical or alarm

31  system contractor.

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (f)  Committing fraud or deceit, or negligence,

  2  incompetency, or misconduct in the practice of electrical or

  3  alarm system contracting.

  4         (g)  Violating chapter 633 or the rules of the State

  5  Fire Marshal.

  6         (h)  Practicing on a revoked, suspended, inactive, or

  7  delinquent certificate or registration.

  8         (i)  Willfully or deliberately disregarding and

  9  violating the applicable building codes or laws of the state

10  or any municipality or county thereof.

11         (j)  Performing any act which assists a person or

12  entity in engaging in the prohibited uncertified and

13  unregistered practice of contracting, if the certificateholder

14  or registrant knows or has reasonable grounds to know that the

15  person or entity was uncertified and unregistered.

16         (k)  Knowingly combining or conspiring with any person

17  by allowing one's certificate to be used by any uncertified

18  person with intent to evade the provisions of this part.  When

19  a certificateholder allows his or her certificate to be used

20  by one or more companies without having any active

21  participation in the operations or management of said

22  companies, such act constitutes prima facie evidence of an

23  intent to evade the provisions of this part.

24         (l)  Acting in the capacity of a contractor under any

25  certificate or registration issued hereunder except in the

26  name of the certificateholder or registrant as set forth on

27  the issued certificate or registration or in accordance with

28  the personnel of the certificateholder or registrant as set

29  forth in the application for the certificate or registration

30  or as later changed as provided in this part.

31

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (m)  Committing financial mismanagement or misconduct

  2  in the practice of contracting that causes financial harm to a

  3  customer.  Financial mismanagement or misconduct occurs if:

  4         1.  A valid lien has been recorded against the property

  5  of a contractor's customer for supplies or services ordered by

  6  the contractor for the customer's job, the contractor has

  7  received funds from the customer to pay for the supplies or

  8  services, and the contractor has not had the lien removed from

  9  the property, by payment or by bond, within 75 days after the

10  date of the lien;

11         2.  A contractor has abandoned a customer's job and the

12  percentage of completion is less than the percentage of the

13  total contract price that had been paid to the contractor as

14  of the time of abandonment, unless the contractor is entitled

15  to retain the excess funds under the terms of the contract or

16  refunds the excess funds within 30 days after the date of

17  abandonment; or

18         3.  The contractor's job has been completed and it is

19  shown that the customer has had to pay more for the contracted

20  job than the original contract price, as adjusted for

21  subsequent change orders, unless such increase in cost was the

22  result of circumstances beyond the control of the contractor,

23  was the result of circumstances caused by the customer, or was

24  otherwise permitted by the terms of the contract between the

25  contractor and the customer; or

26         4.  The contractor fails, within 18 months, to pay or

27  comply with a repayment schedule of a judgment obtained

28  against the contractor or a business qualified by the

29  contractor and relating to the practice of contracting.

30         (n)  Being disciplined by any municipality or county

31  for an act that is a violation of this section.

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (o)  Failing in any material respect to comply with the

  2  provisions of this part and the rules adopted pursuant

  3  thereto.

  4         (p)  Abandoning a project which the contractor is

  5  engaged in or is under contractual obligation to perform.  A

  6  project is to be considered abandoned after 90 days if the

  7  contractor terminates the project without just cause or

  8  without proper notification to the prospective owner,

  9  including the reason for termination, or fails to perform work

10  without just cause for 90 consecutive days.

11         (q)  Failing to affix a registration or certification

12  number as required by s. 489.521(7).

13         (r)  Proceeding on any job without obtaining applicable

14  local building department permits and inspections.

15         (s)  Practicing beyond the scope of a certification or

16  registration.

17

18  For the purposes of this subsection, construction is

19  considered to be commenced when the contract is executed and

20  the contractor has accepted funds from the customer or lender.

21         (2)  When the board finds any applicant, contractor, or

22  business organization for which the contractor is a primary

23  qualifying agent or secondary qualifying agent responsible

24  under s. 489.522 guilty of any of the grounds set forth in

25  subsection (1), it may enter an order imposing one or more of

26  the following penalties:

27         (a)  Denial of an application for certification or

28  registration.

29         (b)  Revocation or suspension of a certificate or

30  registration.

31

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (c)  Imposition of an administrative fine not to exceed

  2  $5,000 for each count or separate offense.

  3         (d)  Issuance of a reprimand.

  4         (e)  Placement of the contractor on probation for a

  5  period of time and subject to such conditions as the board may

  6  specify, including requiring the contractor to attend

  7  continuing education courses or to work under the supervision

  8  of another contractor.

  9         (f)  Restriction of the authorized scope of practice by

10  the contractor.

11         (g)  Require financial restitution to a consumer.

12         Section 45.  For the purpose of incorporating the

13  amendment to section 489.533, Florida Statutes, in a reference

14  thereto, subsection (5) of section 489.518, Florida Statutes,

15  is reenacted to read:

16         489.518  Alarm system agents.--

17         (5)  Failure to comply with any of the provisions of

18  this section shall be a disciplinable offense against the

19  contractor pursuant to s. 489.533.

20         Section 46.  Paragraph (b) of subsection (2) of section

21  489.537, Florida Statutes, is amended, and subsection (9) is

22  added to said section, to read:

23         489.537  Application of this part.--

24         (2)

25         (b)  A registered electrical contractor may bid on

26  electrical contracts which include alarm systems contracting

27  as a part of the contract, provided that the individual shall

28  subcontract such alarm systems contracting, except raceway

29  systems, to a properly certified or registered alarm system

30  contractor. Registered electrical contractors may install

31  raceways for alarm systems. However, if the registered

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  electrical contractor is properly certified or registered as

  2  an alarm system contractor, the individual is not required to

  3  subcontract out the alarm system contracting.

  4         (9)  Persons licensed under this part are subject to

  5  ss. 205.0535(1) and 205.065, as applicable.

  6         Section 47.  Subsection (1) of section 205.0535,

  7  Florida Statutes, is amended to read:

  8         205.0535  Reclassification and rate structure

  9  revisions.--

10         (1)  By October 1, 1995, any municipality or county

11  may, by ordinance, reclassify businesses, professions, and

12  occupations and may establish new rate structures, if the

13  conditions specified in subsections (2) and (3) are met.  A

14  person who is engaged in the business of providing local

15  exchange telephone service or a pay telephone service in a

16  municipality or in the unincorporated area of a county and who

17  pays the occupational license tax under the category

18  designated for telephone companies or a pay telephone service

19  provider certified pursuant to s. 364.3375 is deemed to have

20  but one place of business or business location in each

21  municipality or unincorporated area of a county and may not be

22  assessed an occupational license tax on a per-instrument

23  basis.

24         Section 48.  Section 489.539, Florida Statutes, is

25  amended to read:

26         489.539  Adoption of electrical and alarm

27  standards.--For the purpose of establishing minimum electrical

28  and alarm standards in this state, the current edition of the

29  following standards are adopted:

30         (1)  "National Electrical Code 1990," NFPA No. 70

31  70-1990.

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         (2)  Underwriters' Laboratories, Inc., "Standards for

  2  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

  3  57 57-1982, and UL 153 153-1983.

  4         (3)  Underwriters' Laboratories, Inc., "Standard for

  5  Electric Signs," UL 48 48-1982.

  6         (4)  The provisions of the following which prescribe

  7  minimum electrical and alarm standards:

  8         (a)  NFPA No. 56A 56A-1978, "Inhalation Anesthetics

  9  1978."

10         (b)  NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."

11         (c)  NFPA No. 56C 56C-1980, "Laboratories in

12  Health-related Institutions 1980."

13         (d)  NFPA No. 56D 56D-1982, "Hyperbaric Facilities."

14         (e)  NFPA No. 56F 56F-1983, "Nonflammable Medical Gas

15  Systems 1983."

16         (f)  NFPA No. 72, "National Fire Alarm Code."

17         (g)(f)  NFPA No. 76A 76A-1984, "Essential Electrical

18  Systems for Health Care Facilities 1984."

19         (5)  Chapter 10D-29 of the rules of the Department of

20  Health and Rehabilitative Services, entitled "Nursing Homes

21  and Related Facilities Licensure."

22         (6)  The minimum standards for grounding of portable

23  electric equipment, chapter 8C-27, as recommended by the

24  Industrial Standards Section of the Division of Workers'

25  Compensation of the Department of Labor and Employment

26  Security.

27         Section 49.  Section 553.19, Florida Statutes, is

28  amended to read:

29         553.19  Adoption of electrical and alarm

30  standards.--For the purpose of establishing minimum electrical

31

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  and alarm standards in this state, the current edition of the

  2  following standards are adopted:

  3         (1)  "National Electrical Code 1990," NFPA No. 70

  4  70-1990.

  5         (2)  Underwriters' Laboratories, Inc., "Standards for

  6  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

  7  57 57-1982 and UL 153 153-1983.

  8         (3)  Underwriters' Laboratories, Inc., "Standard for

  9  Electric Signs," UL 48 48-1982.

10         (4)  The provisions of the following which prescribe

11  minimum electrical and alarm standards:

12         (a)  NFPA No. 56A 56A-1978, "Inhalation Anesthetics

13  1978."

14         (b)  NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."

15         (c)  NFPA No. 56C 56C-1980, "Laboratories in

16  Health-related Institutions 1980."

17         (d)  NFPA No. 56D 56D-1982, "Hyperbaric Facilities."

18         (e)  NFPA No. 56F 56F-1983, "Nonflammable Medical Gas

19  Systems 1983."

20         (f)  NFPA No. 72, "National Fire Alarm Code."

21         (g)(f)  NFPA No. 76A 76A-1984, "Essential Electrical

22  Systems for Health Care Facilities 1984."

23         (5)  Chapter 10D-29 of the rules and regulations of the

24  Department of Health and Rehabilitative Services, entitled

25  "Nursing Homes and Related Facilities Licensure."

26         (6)  The minimum standards for grounding of portable

27  electric equipment, chapter 8C-27 as recommended by the

28  Industrial Standards Section, Division of Workers'

29  Compensation, Department of Labor and Employment Security.

30         Section 50.  Section 501.935, Florida Statutes, is

31  created to read:

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         501.935  Home-inspection reports; required disclosures

  2  prior to inspection; report on inspection results; prohibited

  3  acts; failure to comply.--

  4         (1)  INTENT.--The Legislature recognizes that the

  5  performance of a home inspection requires certain skills and

  6  that a home inspection should not be confused with an

  7  engineering analysis.  Therefore, it is necessary in the

  8  interest of the public health, safety, and welfare to require

  9  the disclosure of information useful to assist consumers in

10  choosing a qualified home inspector, to inform them of the

11  limitations of a home inspection, and to prohibit actions that

12  conflict with the best interests of a home inspector's client.

13         (2)  DEFINITIONS.--For the purposes of this section:

14         (a)  "Home inspector" means any person who provides or

15  offers to provide a home inspection on residential real

16  property for a fee.

17         (b)  "Home inspection" means an examination of the

18  mechanical and physical components of residential real

19  property through visual means and operation of normal user

20  controls, without necessarily the use of any mathematical or

21  engineering science.  The inspection may include, but is not

22  limited to, examination of the electrical, heating, and

23  central air-conditioning systems; the interior plumbing; the

24  roof and visible insulation therefor; walls, ceilings, floors,

25  windows, and doors; the foundation; and the basement or crawl

26  space.

27         (3)  EXEMPTIONS.--A person licensed as a construction

28  contractor under chapter 489, an architect under chapter 481,

29  or an engineer under chapter 471 shall not be required to

30  comply with this section with regard to any report, survey,

31

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  evaluation, or estimate rendered within the scope of practice

  2  authorized by such license.

  3         (4)  DISCLOSURE.--Prior to performing any home

  4  inspection, a home inspector shall provide the following to

  5  any person who has entered into a contract to have a home

  6  inspection and who, as a client of the inspector, has

  7  requested the inspection:

  8         (a)  A written list of the home inspector's

  9  credentials.

10         (b)  A caveat in 10-point or larger boldfaced type that

11  states:  AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF

12  THE OVERALL CONDITION OF A BUILDING.  THE INSPECTION IS BASED

13  ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE

14  BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION.

15  THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE

16  ANY REPRESENTATION REGARDING LATENT OR CONCEALED DEFECTS THAT

17  MAY EXIST, AND NO WARRANTY OR GUARANTEE IS EXPRESSED OR

18  IMPLIED.  IF YOUR HOME INSPECTOR IS NOT A LICENSED STRUCTURAL

19  ENGINEER OR OTHER PROFESSIONAL WHOSE LICENSE AUTHORIZES THE

20  RENDERING OF AN OPINION AS TO THE STRUCTURAL INTEGRITY OF A

21  BUILDING OR ITS OTHER COMPONENT PARTS, YOU MIGHT BE WELL

22  ADVISED TO SEEK A PROFESSIONAL OPINION AS TO ANY DEFECTS OR

23  CONCERNS MENTIONED IN THIS REPORT.

24         (c)  A written disclosure to the client of any conflict

25  of interest or relationship of the home inspector which may

26  affect the client.

27         (d)  A written statement or agreement declaring the

28  home inspector's scope, limitations, terms, and conditions

29  regarding the home inspection.

30         (5)  REPORT.--A home inspector shall provide to the

31  client, within 3 working days after the date of the home

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1  inspection or at any other time agreed upon by both parties, a

  2  written report of the results of the home inspection.

  3         (6)  PROHIBITIONS.--A home inspector is prohibited

  4  from:

  5         (a)  Accepting commissions or allowances from another

  6  party dealing with a client of the inspector which relate to

  7  the inspection.

  8         (b)  Offering commissions or allowances to another

  9  party dealing with a client of the inspector which relate to

10  the inspection.

11         (c)  Performing, or offering to perform, remedial work

12  on a property which the inspector has inspected in the

13  preceding 12 months.

14         (d)  Disclosing, without the client's consent, a home

15  inspection report to any person other than the client.

16         (7)  FAILURE TO COMPLY.--Failure to comply with this

17  section constitutes a deceptive and unfair trade practice.

18         Section 51.  Effective upon this act becoming a law,

19  and applicable to all contracts, agreements, and

20  understandings entered into on or after the effective date of

21  this act, section 715.15, Florida Statutes, is created to

22  read:

23         715.15  Real property improvement contract

24  provisions.--Any provision of a contract for improving real

25  property which makes a contract subject to the laws of another

26  state or requires that any litigation, arbitration, or other

27  dispute resolution process arising out of the contract occur

28  in another state is void and against public policy regardless

29  of whether the property is owned by the state, a political

30  subdivision of the state, or a private owner.

31

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1         Section 52.  Except as otherwise provided herein, this

  2  act shall take effect July 1 of the year in which enacted.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Amends and creates provisions of pt. XII, ch. 468, F.S.,
  4    relating to building code administrators and inspectors.
      Revises and provides definitions relating to electrical
  5    inspectors. Provides responsibilities of building code
      administrators, plans examiners, and inspectors. Revises
  6    membership of the Florida Building Code Administrators
      and Inspectors Board. Revises and provides requirements
  7    for certification as a building code administrator, plans
      examiner, or inspector, including provisional
  8    certification. Revises provisions relating to local
      governments contracting for building code, examination,
  9    and inspection services. Revises and eliminates fees.
      Prohibits making or attempting to make a
10    certificateholder violate a local or state building code.
      Prohibits acting or practicing as a building code
11    administrator or building official, plans examiner, or
      inspector without being an active certificateholder.
12    Revises provisions relating to use of the surcharge to
      fund the Building Code Administrators and Inspectors
13    Fund, to reserve a portion of the surcharge funds
      collected for development and implementation of
14    continuing education and training programs and to exempt
      certain local government employees from paying for such
15    education and training.

16
      Amends various provisions of ch. 469, F.S., relating to
17    regulation of asbestos abatement. Redefines the terms
      "abatement" and "survey" and defines the term "project
18    designer." Revises an exemption from regulation
      applicable to certain asbestos-related activities done by
19    government employees. Moves certain existing exemptions
      to the exemption section of the chapter with revision,
20    and eliminates provisions relating to prerequisites to
      issuance of a license and to continuing education.
21    Revises licensure requirements for asbestos consultants
      and asbestos contractors, to require certain coursework.
22    Requires applicants for business licensure to submit
      evidence of financial responsibility and an affidavit
23    attesting to having obtained the required workers'
      compensation, public liability, and property damage
24    insurance. Revises continuing education requirements
      applicable to asbestos surveyors, management planners,
25    and project monitors. Repeals the section providing for
      use of seals.
26

27    Revises the definition of "first contact" applicable in
      provisions regulating real estate brokers, salespersons,
28    and schools. Allows architects to perform duties of
      building code inspectors.
29

30    Revises and provides various provisions of pt. I, ch.
      489, F.S., relating to construction contracting. Provides
31    exemptions from regulation under the part. Revises and
      provides definitions applicable to contractors. Requires
                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1    the Construction Industry Licensing Board and the
      Electrical Contractors' Licensing Board to each appoint a
  2    committee to meet jointly at least twice a year. Provides
      that expansion of the scope of practice of any type of
  3    contractor does not limit the scope of practice of any
      existing type of contractor unless the Legislature
  4    expressly provides such limitation. Repeals a provision
      relating to designation and certification of underground
  5    utility and excavation contractors.

  6
      Provides for medical gas certification for plumbing
  7    contractors who install, improve, repair, or maintain
      conduits used to transport gaseous or partly gaseous
  8    substances for medical purposes. Provides that plumbing
      contractors who install, improve, repair, or maintain
  9    such conduits shall be governed by the National Fire
      Prevention Association Standard 99C.
10

11    Authorizes certificateholders and registrants to apply
      continuing education courses earned under other
12    regulatory provisions under certain circumstances.
      Details what constitutes an incomplete contract for
13    purposes of work allowed a business organization under
      temporary certification or registration.
14

15    Eliminates a provision that requires the transfer of
      surplus moneys from fines into the Construction
16    Industries Recovery Fund. Clarifies provisions relating
      to conditions for recovery from the fund, eliminates a
17    notice requirement, revises a limitation on the making of
      a claim, and revises provisions relating to payment from
18    the fund.

19
      Amends pt. II, ch. 489, F.S., relating to electrical and
20    alarm system contracting. Revises an exemption from
      regulation under the part that applies to
21    telecommunications, community antenna television, and
      radio distribution systems, to include cable television
22    systems. Provides exemptions from regulation under the
      part. Revises and provides definitions applicable to
23    electrical and alarm system contracting. Requires the
      Electrical Contractors' Licensing Board and the
24    Construction Industry Licensing Board to each appoint a
      committee to meet jointly at least twice a year.
25

26    Eliminates reference to the payment date of the biennial
      renewal fee for certificateholders and registrants and
27    eliminates an inconsistent provision relating to failure
      to renew an active or inactive certificate or
28    registration. Provides for transfer of a portion of
      certain fees applicable to regulation of electrical and
29    alarm system contracting to fund certain projects
      relating to the building construction industry and
30    continuing education programs related thereto.

31
      Revises eligibility requirements for certification as an
                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4439

    190-908B-98






  1    electrical or alarm system contractor. Authorizes the
      taking of the certification examination more than three
  2    times. Revises registration requirements for electrical
      contractors. Authorizes certificateholders and
  3    registrants to apply continuing education courses earned
      under other regulatory provisions under certain
  4    circumstances. Provides for verification of public
      liability and property damage insurance. Authorizes
  5    certificateholders and registrants to apply for voluntary
      inactive status at any time during the period of
  6    certification or registration. Authorizes a person
      passing the certification examination and applying for
  7    licensure to place his or her license on inactive status
      without having to qualify a business. Provides conditions
  8    on qualifying agents qualifying more than one business
      organization. Provides for revocation or suspension of
  9    such qualification for improper supervision.

10
      Revises reporting requirements of the Department of
11    Business and Professional Regulation to local boards and
      building officials and provides applicability with
12    respect to information provided on the Internet. Revises
      and provides grounds for discipline and provides
13    penalties therefor. Authorizes registered electrical
      contractors to install raceways for alarm systems.
14    Provides that licensees under pt. II, ch. 489, F.S., are
      subject, as applicable, to certain provisions relating to
15    local occupational license taxes. Provides that
      businesses providing local exchange telephone service or
16    pay telephone service may not be assessed an occupational
      license tax on a per-instrument basis. Updates the
17    minimum electrical and alarm standards required in this
      state and adds a national code relating to fire alarms to
18    such standards.

19
      Provides requirements relating to home-inspection
20    reports. Provides legislative intent and definitions.
      Provides exemptions. Requires, prior to inspection,
21    provision of inspector credentials, a caveat, a
      disclosure of conflicts of interest and certain
22    relationships, and a statement or agreement of scope,
      limitations, terms, and conditions. Requires a report on
23    the results of the inspection. Provides prohibited acts,
      for which there are civil penalties. Provides that
24    failure to comply is a deceptive and unfair trade
      practice. Provides that certain provisions in contracts
25    for improvement of real property are void and provides
      applicability. See bill for details.
26

27

28

29

30

31

                                  92