House Bill 4439e1

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                                          HB 4439, First Engrossed



  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         amending s. 468.432, F.S.; registration of

  6         community association management entities;

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

  8         responsibilities of building code

  9         administrators, plans examiners, and

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

11         membership of the Florida Building Code

12         Administrators and Inspectors Board; amending

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

14         requirements for certification as a building

15         code administrator, plans examiner, or

16         inspector, including provisional certification;

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

18         relating to local governments contracting for

19         building code, examination, and inspection

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

21         and eliminating fees; amending s. 468.629,

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

23         a certificateholder violate a local or state

24         building code; prohibiting acting or practicing

25         as a building code administrator or building

26         official, plans examiner, or inspector without

27         being an active certificateholder; providing

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

29         provisions relating to use of the surcharge to

30         fund the Building Code Administrators and

31         Inspectors Fund; reserving a portion of the


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                                          HB 4439, First Engrossed



  1         surcharge funds collected for development and

  2         implementation of continuing education and

  3         training programs; exempting certain local

  4         government employees from paying for such

  5         education and training; amending s. 469.001,

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

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

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

  9         exemptions from state regulation of asbestos

10         abatement; revising an exemption applicable to

11         certain asbestos-related activities done by

12         government employees; revising certain existing

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

14         eliminating provisions relating to

15         prerequisites to issuance of a license and to

16         continuing education; amending s. 469.005,

17         F.S.; revising licensure requirements for

18         asbestos consultants and asbestos contractors

19         relating to required coursework; amending s.

20         469.006, F.S.; requiring applicants for

21         business licensure to submit evidence of

22         financial responsibility and an affidavit

23         attesting to having obtained the required

24         workers' compensation, public liability, and

25         property damage insurance; amending s. 469.013,

26         F.S.; revising continuing education

27         requirements applicable to asbestos surveyors,

28         management planners, and project monitors;

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

30         amending ss. 255.551, 376.60, and 469.014,

31         F.S.; correcting cross references; creating s.


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                                          HB 4439, First Engrossed



  1         471.026, F.S.; allowing engineers to perform

  2         building inspection duties; amending s.

  3         475.276, F.S; providing an exception to

  4         requirement that real estate licensees provide

  5         a notice of nonrepresentation; creating s.

  6         481.222, F.S.; allowing architects to perform

  7         duties of building code inspectors; amending s.

  8         489.103, F.S.; providing exemptions from

  9         regulation under pt. I, ch. 489, F.S., relating

10         to construction contracting; amending s.

11         489.105, F.S.; revising and providing

12         definitions applicable to contractors; amending

13         s. 489.107, F.S.; requiring the Construction

14         Industry Licensing Board and the Electrical

15         Contractors' Licensing Board to each appoint a

16         committee to meet jointly at least twice a

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

18         expansion of the scope of practice of any type

19         of contractor does not limit the scope of

20         practice of any existing type of contractor

21         unless the Legislature expressly provides such

22         limitation; repealing s. 489.1135, F.S.,

23         relating to designation and certification of

24         underground utility and excavation contractors;

25         creating s. 489.1136, F.S.; providing for

26         medical gas certification for plumbing

27         contractors who install, improve, repair, or

28         maintain conduits used to transport gaseous or

29         partly gaseous substances for medical purposes;

30         requiring certain coursework; requiring an

31         examination for certain persons; providing for


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                                          HB 4439, First Engrossed



  1         discipline and penalties; providing a

  2         definition; amending s. 553.06, F.S.; providing

  3         that plumbing contractors who install, improve,

  4         repair, or maintain such conduits shall be

  5         governed by the National Fire Prevention

  6         Association Standard 99C; amending s. 489.115,

  7         F.S.; authorizing certificateholders and

  8         registrants to apply continuing education

  9         courses earned under other regulatory

10         provisions under certain circumstances;

11         amending s. 489.119, F.S.; detailing what

12         constitutes an incomplete contract for purposes

13         of work allowed a business organization under

14         temporary certification or registration;

15         amending s. 489.140, F.S.; eliminating a

16         provision that requires the transfer of surplus

17         moneys from fines into the Construction

18         Industries Recovery Fund; amending s. 489.141,

19         F.S.; clarifying provisions relating to

20         conditions for recovery from the fund;

21         eliminating a notice requirement; revising a

22         limitation on the making of a claim; amending

23         s. 489.142, F.S.; revising a provision relating

24         to powers of the Construction Industry

25         Licensing Board with respect to actions for

26         recovery from the fund, to conform; amending s.

27         489.143, F.S.; revising provisions relating to

28         payment from the fund; amending s. 489.503,

29         F.S.; providing exemptions from regulation

30         under pt. II, ch. 489, F.S., relating to

31         electrical and alarm system contracting;


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                                          HB 4439, First Engrossed



  1         revising an exemption that applies to

  2         telecommunications, community antenna

  3         television, and radio distribution systems, to

  4         include cable television systems; amending s.

  5         489.505, F.S., and repealing subsection (24),

  6         relating to the definition of "limited burglar

  7         alarm system contractor"; redefining terms

  8         applicable to electrical and alarm system

  9         contracting; defining the terms "monitoring"

10         and "fire alarm system agent"; amending s.

11         489.507, F.S.; requiring the Electrical

12         Contractors' Licensing Board and the

13         Construction Industry Licensing Board to each

14         appoint a committee to meet jointly at least

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

16         eliminating reference to the payment date of

17         the biennial renewal fee for certificateholders

18         and registrants; eliminating an inconsistent

19         provision relating to failure to renew an

20         active or inactive certificate or registration;

21         providing for transfer of a portion of certain

22         fees applicable to regulation of electrical and

23         alarm system contracting to fund certain

24         projects relating to the building construction

25         industry and continuing education programs

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

27         revising eligibility requirements for

28         certification as an electrical or alarm system

29         contractor; authorizing the taking of the

30         certification examination more than three times

31         and providing requirements with respect


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                                          HB 4439, First Engrossed



  1         thereto; eliminating an obsolete provisions;

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

  3         registration requirements for electrical

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

  5         authorizing certificateholders and registrants

  6         to apply continuing education courses earned

  7         under other regulatory provisions under certain

  8         circumstances; providing for verification of

  9         public liability and property damage insurance;

10         creating s. 489.5185, F.S.; providing

11         requirements for fire alarm system agents,

12         including specified training and fingerprint

13         and criminal background checks; providing for

14         fees for approval of training providers and

15         courses; providing applicability to applicants,

16         current employees, and various licensees;

17         requiring an identification card and providing

18         requirements therefor; providing continuing

19         education requirements; providing disciplinary

20         penalties; amending s. 489.519, F.S.;

21         authorizing certificateholders and registrants

22         to apply for voluntary inactive status at any

23         time during the period of certification or

24         registration; authorizing a person passing the

25         certification examination and applying for

26         licensure to place his or her license on

27         inactive status without having to qualify a

28         business; amending s. 489.521, F.S.; providing

29         conditions on qualifying agents qualifying more

30         than one business organization; providing for

31         revocation or suspension of such qualification


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                                          HB 4439, First Engrossed



  1         for improper supervision; providing technical

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

  3         reporting requirements of the Department of

  4         Business and Professional Regulation to local

  5         boards and building officials; providing

  6         applicability with respect to information

  7         provided on the Internet; amending s. 489.533,

  8         F.S.; revising and providing grounds for

  9         discipline; providing penalties; reenacting s.

10         489.518(5), F.S., relating to alarm system

11         agents, to incorporate the amendment to s.

12         489.533, F.S., in a reference thereto; amending

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

14         electrical contractors to install raceways for

15         alarm systems; providing that licensees under

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

17         applicable, to certain provisions relating to

18         local occupational license taxes; amending s.

19         205.0535, F.S.; providing that businesses

20         providing local exchange telephone service or

21         pay telephone service may not be assessed an

22         occupational license tax on a per-instrument

23         basis; amending s. 553.19, F.S.; updating

24         electrical and alarm standards; adding a

25         national code relating to fire alarms to the

26         minimum electrical and alarm standards required

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

28         providing requirements relating to

29         home-inspection reports; providing legislative

30         intent; providing definitions; providing

31         exemptions; requiring, prior to inspection,


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                                          HB 4439, First Engrossed



  1         provision of inspector credentials, a caveat, a

  2         disclosure of conflicts of interest and certain

  3         relationships, and a statement or agreement of

  4         scope, limitations, terms, and conditions;

  5         requiring a report on the results of the

  6         inspection; providing prohibited acts, for

  7         which there are civil penalties; providing that

  8         failure to comply is a deceptive and unfair

  9         trade practice; creating s. 501.937, F.S.;

10         providing requirements for use of professional

11         titles by industrial hygienists and safety

12         professionals; providing definitions; providing

13         that violation of such requirements is a

14         deceptive and unfair trade practice; creating

15         s. 715.15, F.S.; providing that certain

16         provisions in contracts for improvement of real

17         property are void; providing applicability; An

18         act relating to fire prevention and control;

19         amending s. 633.021, F.S.; defining the term

20         "fire extinguisher"; amending s. 633.061, F.S.;

21         requiring an individual or organization that

22         hydrotests fire extinguishers and preengineered

23         systems to obtain a permit or license from the

24         State Fire Marshal; revising the services that

25         may be performed under certain licenses and

26         permits issued by the State Fire Marshal;

27         providing additional application requirements;

28         providing requirements for obtaining an

29         upgraded license; amending ss. 633.065,

30         633.071, F.S.; providing requirements for

31         installing and inspecting fire suppression


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                                          HB 4439, First Engrossed



  1         equipment; amending s. 633.162, F.S.;

  2         prohibiting an owner, officer, or partner of a

  3         company from applying for licensure if the

  4         license held by the company is suspended or

  5         revoked; revising the grounds upon which the

  6         State Fire Marshal may deny, revoke, or suspend

  7         a license or permit; providing restrictions on

  8         activities of former licenseholders and

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

10         the prohibition against rendering a fire

11         extinguisher or preengineered system

12         inoperative to conform to changes made by the

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

14         State Fire Marshal authority to suspend and

15         revoke certificates; providing restrictions on

16         the activities of former certificateholders

17         whose certificates are suspended or revoked;

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

19         contracting; conforming a cross-reference to

20         changes made by the act; amending s. 468.385,

21         F.S.; revising provisions relating to the

22         written examination required for licensure as

23         an auctioneer; amending s. 468.388, F.S.;

24         eliminating exemptions from the requirement

25         that a written agreement be executed prior to

26         conducting an auction; amending s. 468.389,

27         F.S.; revising a ground for disciplinary action

28         relating to failure to account for or to pay

29         certain money, to include reference to property

30         belonging to another; providing penalties;

31         reenacting ss. 468.385(3)(b) and 468.391, F.S.,


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                                          HB 4439, First Engrossed



  1         relating to licensure as an auctioneer and to a

  2         criminal penalty, respectively, to incorporate

  3         the amendment to s. 468.389, F.S., in

  4         references thereto; amending s. 468.393, F.S.;

  5         reducing the level at which the Auctioneer

  6         Recovery Fund must be maintained and for which

  7         surcharges are levied; reenacting s.

  8         468.392(5), F.S., relating to moneys in the

  9         Auctioneer Recovery Fund, to incorporate the

10         amendment to s. 468.393, F.S., in references

11         thereto; amending s. 468.395, F.S.; revising

12         circumstances under which recovery from the

13         Auctioneer Recovery Fund may be obtained;

14         reducing the amount per claim or claims arising

15         out of the same transaction or auction and the

16         aggregate lifetime limit with respect to any

17         one licensee that may be paid from the fund;

18         amending s. 468.396, F.S., relating to claims

19         against a single licensee in excess of the

20         dollar limitation, to conform; eliminating

21         semiannual identification and payment of

22         claims; amending s. 468.397, F.S., relating to

23         payment of claim; correcting language; creating

24         s. 205.195, F.S.; prohibiting local

25         jurisdiction from charging an occupational

26         license tax under certain circumstances;

27         providing effective dates.

28

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

30

31


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                                          HB 4439, First Engrossed



  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 National 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


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                                          HB 4439, First Engrossed



  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.  Subsection (2) of section 468.432, Florida

14  Statutes, is amended to read:

15         468.432  Definitions.--(2)  Nothing in this part

16  prohibits a corporation, partnership, trust, association, or

17  other like organization from engaging in the business of

18  community association management without being licensed if it

19  employs licensed natural persons in the direct provision of

20  community association management services.  However, such

21  entities must register with the department in a manner

22  prescribed by rule.  Such corporation, partnership, trust,

23  association, or other organization shall also file with the

24  department a statement on a form approved by the department

25  that it submits itself to the rules of the council and the

26  department and the provisions  of this part which the

27  department deems applicable.  Any entity who violates the

28  provisions of this section will be subject to disciplinary

29  action pursuant to rules adopted by the department.

30         Section 3.  Section 468.604, Florida Statutes, is

31  created to read:


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                                          HB 4439, First Engrossed



  1         468.604  Responsibilities of building code

  2  administrators, plans examiners, and inspectors.--

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

  4  code administrator or building official to administer,

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

  6  inspection of the construction, alteration, repair,

  7  remodeling, or demolition of structures and the installation

  8  of building systems within the boundaries of his or her

  9  governmental jurisdiction, when permitting is required, to

10  ensure compliance with building, plumbing, mechanical,

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

12  other construction codes required or adopted by municipal

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

14  administrator or building official shall faithfully perform

15  these responsibilities without interference from any person.

16  These responsibilities include:

17         (a)  The review of construction plans to ensure

18  compliance with all applicable codes. The construction plans

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

20  installation, or other construction permit. The review of

21  construction plans shall be done by the building code

22  administrator or building official or by a person having the

23  appropriate plans examiner certificate issued in accordance

24  with this part.

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

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

27  building code administrator or building official, or person

28  having the appropriate building code inspector certificate

29  issued in accordance with this part, shall inspect the

30  construction or installation to ensure that the work is

31  performed in accordance with applicable codes.


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                                          HB 4439, First Engrossed



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

  2  code inspector to conduct inspections of the construction,

  3  alteration, repair, remodeling, or demolition of structures

  4  and the installation of building systems, when permitting is

  5  required, to ensure compliance with building, plumbing,

  6  mechanical, electrical, gas fuel, energy conservation,

  7  accessibility, and other construction codes required by

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

  9  code inspector must be certified in the appropriate category

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

11  responsibilities shall be performed under the direction of the

12  building code administrator or building official without

13  interference from any uncertified person.

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

15  examiner to conduct review of construction plans, submitted in

16  the application for permitting, to ensure compliance with all

17  applicable codes required by municipal code, county ordinance,

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

19  by the building code administrator or building official or by

20  a person certified in the appropriate plans examiner category

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

22  responsibilities shall be performed under the supervision and

23  authority of the building code administrator or building

24  official without interference from any uncertified person.

25         Section 4.  Subsection (2) of section 468.605, Florida

26  Statutes, is amended to read:

27         468.605  Florida Building Code Administrators and

28  Inspectors Board.--

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

30  follows:

31


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                                          HB 4439, First Engrossed



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

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

  3  or a contractor licensed pursuant to chapter 489.

  4         (b)  Two members serving as building code

  5  administrators.

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

  7  building inspector who is without managerial authority in the

  8  employing agency.

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

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

11  charter county.

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

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

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

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

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

17  of an organization which represents persons with disabilities.

18

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

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

21  or state governmental agency.

22         Section 5.  Section 468.609, Florida Statutes, is

23  amended to read:

24         468.609  Administration of this part; standards for

25  certification; additional categories of certification.--

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

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

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

29  certification examination.

30

31


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                                          HB 4439, First Engrossed



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

  2  for certification as an inspector or plans examiner pursuant

  3  to this part if the person:

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

  5         (b)  Is of good moral character; and

  6         (c)  Meets eligibility requirements according to one of

  7  the following criteria:

  8         1.  Demonstrates 5 years' combined experience in the

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

10  plans review corresponding to the certification category

11  sought;

12         2.  Demonstrates a combination of postsecondary

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

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

15  total being experience in construction, or building

16  inspection, or plans review; or

17         3.  Currently holds a standard certificate issued by

18  the board and satisfactorily completes an inspector or plans

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

20  certification category sought. The board by rule shall

21  establish criteria for the development and implementation of

22  the training programs.

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

24  for certification as a building code administrator pursuant to

25  this part if the person:

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

27         (b)  Is of good moral character; and

28         (c)  Meets eligibility requirements according to one of

29  the following criteria:

30         1.3.  For certification as a building code

31  administrator or building official, Demonstrates 10 years'


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                                          HB 4439, First Engrossed



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

  2  building code inspector, registered or certified contractor,

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

  4  experience in supervisory positions; or

  5         2.  Demonstrates a combination of postsecondary

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

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

  8  an architect, engineer, plans examiner, building code

  9  inspector, registered or certified contractor, or construction

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

11  such total being experience in supervisory positions.

12         (4)(3)  No person may engage in the duties of a

13  building code administrator, plans examiner, or inspector

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

15  person possesses one of the following types of certificates,

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

17  qualifications to hold such position:

18         (a)  A standard certificate.

19         (b)  A limited certificate.

20         (c)  A provisional certificate.

21         (5)(4)(a)  To obtain a standard certificate, an

22  individual must pass an examination approved by the board

23  which demonstrates that the applicant has fundamental

24  knowledge of the state laws and codes relating to the

25  construction of buildings for which the applicant has code

26  administration, plan examining, or inspection

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

28  examination approved for certification pursuant to this part

29  be substantially equivalent to the examinations administered

30  by the Southern Building Code Congress International, the

31  Building Officials Association of Florida, the South Florida


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                                          HB 4439, First Engrossed



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

  2  Building Officials.

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

  4  applicant who successfully completes the examination, which

  5  certificate authorizes the individual named thereon to

  6  practice throughout the state as a building code

  7  administrator, plans examiner, or inspector within such class

  8  and level as is specified by the board.

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

10  passed an examination which is substantially equivalent to the

11  board-approved examination set forth in this section.

12         (6)(5)(a)  A building code administrator, plans

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

14  not be required to possess a standard certificate as a

15  condition of tenure or continued employment, but shall be

16  required to obtain a limited certificate as described in this

17  subsection.

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

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

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

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

22  shall submit to the board the appropriate application and

23  certification fees and shall receive a limited certificate

24  qualifying them to engage in building code administration,

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

26  performance level, and within the governmental jurisdiction in

27  which such person is employed.

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

29  authorization for the building code administrator, plans

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

31


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                                          HB 4439, First Engrossed



  1  to continue performing all functions assigned to that

  2  position, on July 1, 1993.

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

  4  inspector holding a limited certificate can be promoted to a

  5  position requiring a higher level certificate only upon

  6  issuance of a standard certificate or provisional certificate

  7  appropriate for such new position.

  8         (7)(6)(a)  The board may provide for the issuance of

  9  provisional or temporary certificates valid for such period,

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

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

12  administrator, plans examiner, or inspector newly employed or

13  newly promoted who lacks the qualifications prescribed by the

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

15  certificate.

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

17  inspector may have a provisional or temporary certificate

18  extended beyond the specified period by renewal or otherwise.

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

20  provisional or temporary certificates and may issue these

21  certificates with such special conditions or requirements

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

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

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

25  necessary to protect the public safety and health.

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

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

28  provisional certificate application has been submitted,

29  provided such person is under the direct supervision of a

30  certified building code administrator who holds a standard

31


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                                          HB 4439, First Engrossed



  1  certificate and who has found such person qualified for a

  2  provisional certificate.

  3         (8)(7)(a)  Any individual who holds a valid certificate

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

  5  completed all requirements for certification pursuant to such

  6  section, shall be deemed to have satisfied the requirements

  7  for receiving a standard certificate prescribed by this part.

  8         (b)  Any individual who holds a valid certificate

  9  issued by the Southern Building Code Congress International,

10  the Building Officials Association of Florida, the South

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

12  American Building Officials certification programs, or who has

13  been approved for certification under one of those programs

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

15  satisfied the requirements for receiving a standard

16  certificate in the corresponding category prescribed by this

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

18  50,000, or employees of municipalities with a population of

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

20  requirements for standard certification where such employee is

21  approved for certification under one of the programs set forth

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

23         (9)(8)  Any individual applying to the board may be

24  issued a certificate valid for multiple inspection classes, as

25  deemed appropriate by the board.

26         (10)(9)  Certification and training classes may be

27  developed in coordination with degree career education

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

29  other entities offering certification and training classes.

30         (11)(10)  The board may by rule create categories of

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


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                                          HB 4439, First Engrossed



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

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

  3  created by statute.

  4         Section 6.  Subsections (2) and (3) of section 468.617,

  5  Florida Statutes, are amended to read:

  6         468.617  Joint inspection department; other

  7  arrangements.--

  8         (2)  Nothing in this part shall prohibit local

  9  governments from contracting employing persons certified

10  pursuant to this part to perform inspections or plans review

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

12  inspect or examine plans on any project designed or permitted

13  by the individual or entity.

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

15  municipal government from entering into any contract with any

16  person or entity for the provision of services regulated under

17  this part, and notwithstanding any other statutory provision,

18  such county or municipal governments may enter into contracts

19  which provide for payment of inspection or review fees

20  directly to the contract provider.

21         Section 7.  Section 468.627, Florida Statutes, is

22  amended to read:

23         468.627  Application; examination; renewal; fees.--

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

25  for application, examination, reexamination, certification and

26  certification renewal, inactive status application, and

27  reactivation of inactive certificates. The board may establish

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

29  which are adequate, when combined with revenue generated by

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

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                                          HB 4439, First Engrossed



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

  2  estimates of the revenue required to implement this part.

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

  4  building code administrators, plans examiners, or inspectors.

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

  6  $50 for building code administrators, plans examiners, or

  7  inspectors.

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

  9  for building code administrators, plans examiners, or

10  inspectors.

11         (5)  The biennial certification renewal fee may not

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

13  or inspectors.

14         (4)(6)  Employees of local government agencies having

15  responsibility for inspection, regulation, and enforcement of

16  building, plumbing, mechanical, electrical, gas, fire

17  prevention, energy, accessibility, and other construction

18  codes shall pay no application, certification, certification

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

20  each for initial certification and biennial certification

21  renewal fees.

22         (5)(7)  The certificateholder shall provide proof, in a

23  form established by board rule, that the certificateholder has

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

25  each of continuing education courses during each biennium

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

27  shall by rule establish criteria for approval of continuing

28  education courses and providers, and may by rule establish

29  criteria for accepting alternative nonclassroom continuing

30  education on an hour-for-hour basis.

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                                          HB 4439, First Engrossed



  1         Section 8.  Subsection (1) of section 468.629, Florida

  2  Statutes, is amended to read:

  3         468.629  Prohibitions; penalties.--

  4         (1)  No person may:

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

  6  certificateholder.

  7         (b)  Falsely impersonate a certificateholder.

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

  9  another.

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

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

12  for the purpose of obtaining a certificate.

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

14  suspended or revoked.

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

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

17  otherwise influence, any certificateholder to violate any

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

19         (g)  Offer any compensation to a certificateholder in

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

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

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

23  building code administrator or building official, building

24  code inspector, or plans examiner without being an active

25  certificateholder for that position.

26         Section 9.  Section 468.631, Florida Statutes, is

27  amended to read:

28         468.631  Building Code Administrators and Inspectors

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

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

31  166.201 at the rate of one-half cent per square foot of


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                                          HB 4439, First Engrossed



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

  2  renovations, alterations, and additions. The unit of

  3  government responsible for collecting permit fees pursuant to

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

  5  shall remit the funds to the department on a quarterly

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

  7  the preceding quarter, and continuing each third month

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

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

10  projects and activities intended to improve the quality of

11  building code enforcement. Twenty-five percent of all

12  surcharge funds collected shall be retained by the board for

13  the development and implementation of continuing education and

14  other training programs as determined by board rule. Employees

15  of local government agencies having responsibility for

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

17  mechanical, electrical, gas, fire prevention, energy,

18  accessibility, and other construction codes shall not pay for

19  any continuing education courses or training programs

20  developed using these funds. There is created within the

21  Professional Regulation Trust Fund a separate account to be

22  known as the Building Code Administrators and Inspectors Fund,

23  which shall deposit and disburse funds as necessary for the

24  implementation of this part. The department shall annually

25  establish the amount needed to fund the certification and

26  regulation of building code administrators, plans examiners,

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

28  needed to adequately fund the certification and regulation of

29  building code administrators, plans examiners, and inspectors

30  and the continuing education and training programs provided

31  for in this section shall be deposited into the Construction


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                                          HB 4439, First Engrossed



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

  2  Construction Industries Recovery Fund is fully funded as

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

  4  distributed to the Construction Industry Licensing Board for

  5  use in the regulation of certified and registered contractors.

  6         Section 10.  Subsection (1) of section 469.001, Florida

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

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

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

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

11         469.001  Definitions.--As used in this chapter:

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

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

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

15  the direction of a licensed asbestos consultant and engages in

16  the design of project specifications for asbestos abatement

17  projects.

18         (22)(21)  "Survey" means the process of inspecting a

19  facility for the presence of asbestos-containing materials to

20  determine the location and condition of asbestos-containing

21  materials prior to transfer of property, renovation,

22  demolition, or maintenance projects which may disturb

23  asbestos-containing materials.

24         Section 11.  Section 469.002, Florida Statutes, is

25  amended to read:

26         469.002  Exemptions.--

27         (1)  This chapter does not apply to:

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

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

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

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


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                                          HB 4439, First Engrossed



  1  AHERA for the activities described in this paragraph and who

  2  is conducting abatement work solely for maintenance purposes

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

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

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

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

  7  otherwise engage in asbestos abatement, contracting, or

  8  consulting.

  9         (b)  Asbestos-related activities which disturb

10  asbestos-containing materials within manufacturing, utility,

11  or military facilities and which are undertaken by regular

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

13  completed all training required by this chapter or NESHAP and

14  OSHA for conducting such activities in areas where access is

15  restricted to authorized personnel who are carrying out

16  specific assignments.

17         (c)  Reinspections at public or private schools,

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

19  employee who has completed the AHERA-required training for

20  such reinspections pursuant to this chapter and who is

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

22         (d)  Moving, removal, or disposal of

23  asbestos-containing materials on a residential building where

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

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

26  owner-builder limitations provided in this paragraph. To

27  qualify for exemption under this paragraph, an owner must

28  personally appear and sign the building permit application.

29  The permitting agency shall provide the person with a

30  disclosure statement in substantially the following form:

31


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                                          HB 4439, First Engrossed



  1                       Disclosure Statement

  2

  3         State law requires asbestos abatement to be done by

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

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

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

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

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

  9  dispose of asbestos-containing materials on a residential

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

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

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

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

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

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

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

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

18  state, and federal laws and regulations which apply to

19  asbestos abatement projects. It is your responsibility to make

20  sure that people employed by you have licenses required by

21  state law and by county or municipal licensing ordinances.

22

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

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

25  subdivision who has completed all training required by NESHAP

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

27  paragraph, while engaged in asbestos-related activities set

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

29  the demolition of a residential building owned by that

30  governmental unit, where such activities are within the scope

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


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                                          HB 4439, First Engrossed



  1  or otherwise engage in asbestos abatement, contracting, or

  2  consulting.

  3         (2)  Licensure as an asbestos contractor is not

  4  required for the moving, removal, or disposal of

  5  asbestos-containing roofing material by a roofing contractor

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

  7  such activities are performed under the direction of an onsite

  8  roofing supervisor trained as provided in s. 469.012.

  9         (3)  Licensure as an asbestos contractor or asbestos

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

11  maintenance, or disposal, or related inspections, of

12  asbestos-containing resilient floor covering or its adhesive,

13  if:

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

15  nonfriable material as defined in NESHAP and remains a

16  Category I nonfriable material during removal activity.

17         (b)  All such activities are performed in accordance

18  with all applicable asbestos standards of the United States

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

20  part 1926.

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

22  or accreditation requirements under federal asbestos NESHAP

23  regulations of the United States Environmental Protection

24  Agency.

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

26  performing the removal and certification that all conditions

27  required under this subsection are met are provided to the

28  Department of Business and Professional Regulation at least 3

29  days prior to such removal. The contractor removing such

30  flooring materials is responsible for maintaining proof that

31  all the conditions required under this subsection are met.


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                                          HB 4439, First Engrossed



  1

  2  The department may inspect removal sites to determine

  3  compliance with this subsection and shall adopt rules

  4  governing inspections.

  5         (4)  Licensure as an asbestos consultant or contractor

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

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

18  alter or affect otherwise applicable Florida Statutes and

19  rules promulgated thereunder, or Environmental Protection

20  Agency or OSHA regulations regarding asbestos activities.

21         Section 12.  Section 469.004, Florida Statutes, is

22  amended to read:

23         469.004  License; asbestos consultant; asbestos

24  contractor; exceptions.--

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

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

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

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

29  current, valid, active license as a professional engineer

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

31  license as a professional geologist issued under chapter 492;


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                                          HB 4439, First Engrossed



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

  2  has been awarded designation as a Certified Safety

  3  Professional by the Board of Certified Safety Professionals.

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

  5  department. An asbestos contractor may not perform abatement

  6  activities involving work that affects building structures or

  7  systems.  Work on building structures or systems may be

  8  performed only by a contractor licensed under chapter 489.

  9         (3)  Licensure as an asbestos contractor is not

10  required for the moving, removal, or disposal of

11  asbestos-containing roofing material by a roofing contractor

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

13  such activities are performed under the direction of an onsite

14  roofing supervisor trained as provided in s.  469.012.

15         (4)  Licensure as an asbestos contractor or asbestos

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

17  disposal, or related inspections, of asbestos-containing

18  resilient floor covering or its adhesive, if:

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

20  nonfriable material as defined in NESHAP and remains a

21  Category I nonfriable material during removal activity.

22         (b)  All such activities are performed in accordance

23  with all applicable asbestos standards of the United States

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

25  part 1926.

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

27  or accreditation requirements under federal asbestos NESHAP

28  regulations of the United States Environmental Protection

29  Agency.

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

31  performing the removal and certification that all conditions


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                                          HB 4439, First Engrossed



  1  required under this subsection are met are provided to the

  2  Department of Business and Professional Regulation at least 3

  3  days prior to such removal.  The contractor removing such

  4  flooring materials is responsible for maintaining proof that

  5  all the conditions required under this subsection are met.

  6

  7  The department may inspect removal sites to determine

  8  compliance with this subsection and shall adopt rules

  9  governing inspections.

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

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

12  applicant must provide evidence, as provided by the department

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

14  469.005.

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

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

17  the department shall require proof that the licensee has

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

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

20  license, the department shall require proof that the licensee

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

22  each of the preceding 2 years.

23         (7)  Licensure as an asbestos consultant or contractor

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

25  asbestos-containing pipe or conduit, if:

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

27  electronic, communications, sewer, or water service;

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

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

30  Category II nonfriable material as defined in NESHAP; and

31


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                                          HB 4439, First Engrossed



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

  2  applicable regulations, including work practices and training,

  3  of the United States Occupational Safety and Health

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

  5         Section 13.  Section 469.005, Florida Statutes, is

  6  amended to read:

  7         469.005  License requirements.--All applicants for

  8  licensure as either asbestos consultants or asbestos

  9  contractors shall:

10         (1)  Pay the initial licensing fee.

11         (2)  When applying for licensure as an asbestos

12  consultant, successfully complete the following

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

14         (a)  An asbestos contractor/supervisor abatement

15  project management and supervision course. Such course shall

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

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

18  exposure, federal and state asbestos laws and regulations,

19  legal and insurance considerations, contract specifications,

20  sampling and analytical methodology, worker protection, and

21  work area protection.

22         (b)  A course in building asbestos surveys and

23  mechanical systems course. Such course shall consist of not

24  less than 3 days of instruction.

25         (c)  An A course in asbestos management planning

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

27  instruction.

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

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

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

31  consist of not less than 3 days of instruction.


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                                          HB 4439, First Engrossed



  1         (3)  When applying for licensure as as asbestos

  2  contractor, successfully complete the following

  3  department-approved courses:

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

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

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

  7  consist of not less than 3 days of instruction.

  8         (4)(3)  Provide evidence of satisfactory work on 10

  9  asbestos projects within the last 5 years.

10         (5)(4)  Provide evidence of financial stability.

11         (6)(5)  Pass a department-approved examination of

12  qualifications and knowledge relating to asbestos.

13         Section 14.  Subsection (2) and paragraph (a) of

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

15  amended to read:

16         469.006  Licensure of business organizations;

17  qualifying agents.--

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

19  consulting or contracting as a partnership, corporation,

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

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

22  for licensure through a qualifying agent or the individual

23  applicant must apply for licensure under the fictitious name.

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

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

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

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

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

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

30  of its members.

31


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                                          HB 4439, First Engrossed



  1         1.  The application for primary qualifying agent must

  2  include an affidavit on a form provided by the department

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

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

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

  6  approval authority for all construction work performed by the

  7  entity.

  8         2.  The application for financially responsible officer

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

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

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

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

13  authority to act for the business organization in all

14  financial matters.

15         3.  The application for secondary qualifying agent must

16  include an affidavit on a form provided by the department

17  attesting that the applicant has authority to supervise all

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

19  489.1195(2).

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

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

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

23  attesting that the applicant has obtained workers'

24  compensation insurance as required by chapter 440, public

25  liability insurance, and property damage insurance, in amounts

26  determined by department rule. The department shall establish

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

28  based upon a random sample method.

29         2.  Evidence of financial responsibility. The

30  department shall adopts rules to determine financial

31  responsibility which shall specify grounds on which the


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                                          HB 4439, First Engrossed



  1  department may deny licensure. Such criteria shall include,

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

  3  bondability and credit.

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

  5  composed of qualified business organizations, is itself a

  6  separate and distinct organization that must be qualified in

  7  accordance with department rules.

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

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

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

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

12  required to be stated on the application, the business

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

14  mail the correct information to the department.

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

16  statutory compliance if a fictitious name is used, the

17  provisions of s. 865.09(7) notwithstanding.

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

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

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

21  other document prepared or approved for use by the licensee

22  which is related to any asbestos abatement project and filed

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

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

25         Section 15.  Subsection (1) of section 469.013, Florida

26  Statutes, is amended to read:

27         469.013  Course requirements for asbestos surveyors,

28  management planners, and project monitors.--

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

30  project monitors must comply with the requirements set forth

31  in this section prior to commencing such activities and must


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                                          HB 4439, First Engrossed



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

  2  necessary to maintain certification each year thereafter.

  3         (a)  Management planners must complete all requirements

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

  5         (b)  Asbestos surveyors must complete all requirements

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

  7         (c)  Project monitors must complete all requirements of

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

  9  course which is equivalent to NIOSH Course 582.

10         Section 16.  Section 469.014, Florida Statutes, is

11  amended to read:

12         469.014  Approval of asbestos training courses and

13  providers.--

14         (1)  The department shall approve training courses and

15  the providers of such courses as are required under this

16  chapter. The department must also approve training courses and

17  the providers of such courses who offer training for persons

18  who are exempt from licensure as an asbestos contractor or

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

20         (2)(1)  The department shall, by rule, prescribe

21  criteria for approving training courses and course providers

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

23         (3)(2)  The department may enter into agreements with

24  other states for the reciprocal approval of training courses

25  or training-course providers.

26         (4)(3)  The department shall, by rule, establish

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

28  evaluation, approval, and recordmaking and recordkeeping of

29  training courses and training-course providers.

30         (5)(4)  The department may impose against a

31  training-course provider any penalty that it may impose


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                                          HB 4439, First Engrossed



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

  2  decline to approve courses, and may withdraw approval of

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

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

  5  entered into a stipulation or consent agreement relating to,

  6  without regard to adjudication, any crime or administrative

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

  8  false or fraudulent representations made in the course of

  9  seeking approval of or providing training courses.

10         Section 17.  Section 469.015, Florida Statutes, is

11  repealed.

12         Section 18.  Subsection (1) of section 255.551, Florida

13  Statutes, is amended to read:

14         255.551  Definitions; ss. 255.551-255.565.--As used in

15  ss. 255.551-255.565:

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

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

18  bituminous resinous roofing systems or the removal of

19  resilient floor covering and its adhesive in accordance with

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

21         Section 19.  Section 376.60, Florida Statutes, is

22  amended to read:

23         376.60  Asbestos removal program inspection and

24  notification fee.--The Department of Environmental Protection

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

26  $300 for a small business as defined in s. 288.703(1), or

27  $1,000 for any other project, for any asbestos removal

28  project. Schools, colleges, universities, residential

29  dwellings, and those persons otherwise exempted from licensure

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

31  fee collected must be deposited in the asbestos program


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                                          HB 4439, First Engrossed



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

  2  the department to administer its asbestos removal program.

  3         (1)  In those counties with approved local air

  4  pollution control programs, the department shall return 80

  5  percent of the asbestos removal program inspection and

  6  notification fees collected in that county to the local

  7  government quarterly, if the county requests it.

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

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

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

11  asbestos removal activity while it receives fees under

12  subsection (1).

13         (4)  If a county has requested reimbursement under

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

15  local air pollution control program with 80 percent of the

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

17  asbestos-related program activities.

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

19  that is providing asbestos notification and inspection

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

21  collecting fees sufficient to support the requirements of 40

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

23  state-generated asbestos notification fees, the state may

24  discontinue collection of the state asbestos notification fees

25  in that county.

26         Section 20.  Section 471.026, Florida Statutes, is

27  created to read:

28         471.026  Engineers performing building code inspector

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

30  person currently licensed to practice as an engineer pursuant

31  to chapter 471 may provide building inspection services


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                                          HB 4439, First Engrossed



  1  described in s. 468.603(6) and (7) to a local government or

  2  state agency upon their request, without being certified by

  3  the Board of Building Code Administrators and Inspectors

  4  pursuant to part XIII of chapter 468.  When performing these

  5  building inspection services, the engineer shall be subject to

  6  the disciplinary guidelines of this part, as well as

  7  paragraphs (c) through (g) of s. 468.621(1).  However, the

  8  complaint processing, investigation, and discipline shall be

  9  conducted by the Board of Professional Engineers rather than

10  by the Board of Building Code Administrators and Inspectors.

11  No engineer shall perform plans review as an employee of a

12  local government upon any job that he or his company designed.

13         Section 21.  Section 475.276, Florida Statutes, is

14  amended to read:

15         475.276  Notice of nonrepresentation.--

16         (1)  APPLICABILITY.--

17         (a)  Residential sales.--The real estate licensee

18  disclosure requirements of this section and s. 475.278 apply

19  to all residential sales. As used in this section, the term

20  "residential sales" means the sale of improved residential

21  property of four units or fewer, the sale of unimproved

22  residential property intended for use of four units or fewer,

23  or the sale of agricultural property of 10 acres or fewer.

24         (b)  Disclosure limitations.--The real estate licensee

25  disclosure requirements of this section and s. 475.278 do not

26  apply to: nonresidential transactions; the rental or leasing

27  of real property, unless an option to purchase all or a

28  portion of the property improved with four or fewer

29  residential units is given; auctions; appraisals; and

30  dispositions of any interest in business enterprises or

31


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                                          HB 4439, First Engrossed



  1  business opportunities, except for property with four or fewer

  2  residential units.

  3         (2)  NOTICE REQUIREMENT.--Unless otherwise exempted by

  4  this part, all real estate licensees are required to provide

  5  to any potential seller or buyer at first contact the notice

  6  of nonrepresentation as outlined in subsection (3), except in

  7  situations where:

  8         (a)  A licensee knows that the potential seller or

  9  buyer is represented by a single agent or a transaction

10  broker; or

11         (b)  An owner is selling new residential units built by

12  the owner, and the circumstances or setting of the first

13  contact should reasonably inform the potential buyer that the

14  owner's employee or single agent is acting on behalf of the

15  owner, whether by the location of the sales office, by office

16  signage, placards, or identification badges worn by the

17  owner's employee or single agent.

18

19  If first contact between a licensee and a customer occurs

20  during the course of a telephone conversation or any other

21  communication in which the licensee is unable to provide the

22  required notice of nonrepresentation, the licensee shall

23  provide an oral notice and thereafter provide the required

24  notice of nonrepresentation at the time of the first

25  face-to-face contact, execution of a brokerage relationship

26  agreement, or execution of a contractual agreement for

27  purchase and sale, whichever occurs first.

28         (3)  CONTENTS OF NOTICE.--

29         (a)  Required information.--The notice required under

30  subsection (2) must contain the following information:

31


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                                          HB 4439, First Engrossed



  1                   NOTICE OF NONREPRESENTATION

  2

  3  FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS

  4  NOTICE AT FIRST CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF

  5  REAL ESTATE.

  6

  7  You are hereby notified that ................ (insert name of

  8  brokerage firm) and I do not represent you in any capacity.

  9  You should not assume that any real estate broker or

10  salesperson represents you unless you agree to engage a real

11  estate licensee in an authorized brokerage relationship,

12  either as a single agent or as a transaction broker. You are

13  advised not to disclose any information you want to be held in

14  confidence until you make a decision on representation. Your

15  signature below acknowledges receipt of this form and does not

16  establish a brokerage relationship.

17

18  ........

19                               ..............................

20  Date                         (Signature Optional)

21

22

23                               ..............................

24                               (Signature Optional)

25         (b)  Required format.--The notice required under

26  subsection (2) must be printed as a separate and distinct form

27  on paper no smaller than 8 1/2  inches by 11 inches. Nothing

28  may be added to the form except a brokerage firm logo

29  containing only the firm name, address, and relevant phone

30  numbers. The form title and first sentence are to be in bold

31


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                                          HB 4439, First Engrossed



  1  typeface of no less than 16-point type. The remainder of the

  2  form must be of 12-point type or larger.

  3         Section 22.  Section 481.222, Florida Statutes, is

  4  created to read:

  5         481.222  Architects performing building code inspector

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

  7  person currently licensed to practice as an architect under

  8  this part may provide building inspection services described

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

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

11  Building Code Administrators and Inspectors under part XIII of

12  chapter 468. When performing these building inspection

13  services, the architect is subject to the disciplinary

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

15  complaint processing, investigation, and discipline shall be

16  conducted by the Board of Architecture and Interior Design

17  rather than the Board of Building Code Administrators and

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

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

20  or the architect's company designed.

21         Section 23.  Subsections (17), (18), and (19) are added

22  to section 489.103, Florida Statutes, to read:

23         489.103  Exemptions.--This part does not apply to:

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

25  prefabricated portable sheds that are not more than 250 square

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

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

28  construed to interfere with local building codes, local

29  licensure requirements, or other local ordinance provisions.

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

31  residence constructed by Habitat for Humanity International,


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                                          HB 4439, First Engrossed



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

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

  3  necessary building permits and all required building

  4  inspections.

  5         (19)  Contracting for maintenance, repair, remodeling,

  6  or improvement by any person licensed under part I of chapter

  7  475 while acting as the owner's agent pursuant to that

  8  license, where all work requiring a contractor is performed by

  9  a contractor who has a current, valid certificate or

10  registration issued under this part to perform such work, and

11  where the aggregate contract for labor, materials, and all

12  other items is less than $5,000; however, this exemption does

13  not apply:

14         (a)  If the maintenance, repair, remodeling, or

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

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

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

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

19  otherwise.

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

21  qualified to engage in contracting.

22         Section 24.  Paragraphs (a), (d), (f), (g), (h), (i),

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

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

25  section, to read:

26         489.105  Definitions.--As used in this part:

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

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

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

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

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


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                                          HB 4439, First Engrossed



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

  2  building or structure, including related improvements to real

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

  4  scope is substantially similar to the job scope described in

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

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

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

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

  9  in height, other than buildings or residences over three

10  stories tall; and buildings or residences over three stories

11  tall. Contractors are subdivided into two divisions, Division

12  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

19  licensure under this part, except as otherwise expressly

20  provided in s. 489.113 this part.

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

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

23  the experience, knowledge, and skill necessary for the

24  manufacture, fabrication, assembling, handling, erection,

25  installation, dismantling, conditioning, adjustment,

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

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

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

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

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

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


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                                          HB 4439, First Engrossed



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

  2  duct cleaning and equipment sanitizing which requires at least

  3  a partial disassembling of the system.

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

  5  contractor whose services are unlimited in the execution of

  6  contracts requiring the experience, knowledge, and skill to

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

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

  9  refrigeration, heating, and ventilating systems, including

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

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

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

13  and unfired pressure vessel systems, and all appurtenances,

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

15  duct cleaning and equipment sanitizing which requires at least

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

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

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

19  ducts, pressure and process piping, and pneumatic control

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

21  the load side of the dedicated existing electrical disconnect

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

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

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

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

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

27  such contractor shall also include any excavation work

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

29  liquefied petroleum or natural gas fuel lines within

30  buildings, potable water lines or connections thereto,

31


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                                          HB 4439, First Engrossed



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

  2  electrical power wiring.

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

  4  contractor whose services are limited to 25 tons of cooling

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

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

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

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

  9  refrigeration, heating, and ventilating systems, including

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

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

12  necessary to make complete an air-distribution system being

13  installed under this classification, and any duct cleaning and

14  equipment sanitizing which requires at least a partial

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

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

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

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

19  side of the dedicated existing electrical disconnect switch;

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

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

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

23  existing safe waste or other approved disposal other than a

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

25  such contractor shall also include any excavation work

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

27  liquefied petroleum or natural gas fuel lines within

28  buildings, potable water lines or connections thereto,

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

30  electrical power wiring.

31


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                                          HB 4439, First Engrossed



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

  2  contractor whose business is limited to the servicing of

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

  4  any duct cleaning and equipment sanitizing which requires at

  5  least a partial disassembling of the system alterations in

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

  7  whose certification or registration, issued pursuant to this

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

  9  registered or certified as a Class C air-conditioning

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

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

12  continue to license and regulate those Class C

13  air-conditioning contractors who held Class C licenses prior

14  to October 1, 1988.

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

16  services are unlimited in the execution of contracts requiring

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

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

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

20  heating, and ventilating systems, including duct work in

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

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

23  complete an air-distribution system, boiler and unfired

24  pressure vessel systems, lift station equipment and piping,

25  and all appurtenances, apparatus, or equipment used in

26  connection therewith, and any duct cleaning and equipment

27  sanitizing which requires at least a partial disassembling of

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

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

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

31  piping, pneumatic control piping, gasoline tanks and pump


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                                          HB 4439, First Engrossed



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

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

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

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

  5  reconnect power wiring on the load side of the dedicated

  6  existing electrical disconnect switch; to install, disconnect,

  7  and reconnect low voltage heating, ventilating, and

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

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

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

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

12  also include any excavation work incidental thereto, but shall

13  not include any work such as liquefied petroleum gas fuel

14  lines within buildings, potable water lines or connections

15  thereto, sanitary sewer lines, swimming pool piping and

16  filters, or electrical power wiring.

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

18  contractor whose scope of work involves the servicing and

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

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

21  piping and repairs, replacement and repair of existing

22  equipment, or installation of new additional equipment as

23  necessary. The scope of such work includes the reinstallation

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

25  filter equipment, and chemical feeders of any type,

26  replastering, reconstruction of decks, and reinstallation or

27  addition of pool heaters. The installation, construction,

28  modification, substantial or complete disassembly, or

29  replacement of equipment permanently attached to and

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

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


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                                          HB 4439, First Engrossed



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

  2  treatment or cleaning shall not require licensure unless the

  3  usage involves construction, modification, substantial or

  4  complete disassembly, or replacement of such equipment. Water

  5  treatment that does not require such equipment does not

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

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

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

  9  its associated equipment.

10         (n)  "Underground utility and excavation contractor"

11  means a contractor whose services are limited to the

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

13  property, whether accomplished through open excavations or

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

15  directional drilling, auger boring, jacking and boring,

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

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

18  distribution systems, storm sewer collection systems, and the

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

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

21  individual occupancy, sewer collection systems at property

22  line on residential or single-occupancy commercial properties,

23  or on multioccupancy properties at manhole or wye lateral

24  extended to an invert elevation as engineered to accommodate

25  future building sewers, water distribution systems, or storm

26  sewer collection systems at storm sewer structures. However,

27  an underground utility and excavation contractor may install

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

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

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

31  provided that each conduit system installed is designed by a


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                                          HB 4439, First Engrossed



  1  licensed professional engineer or an authorized employee of a

  2  municipality, county, or public utility and that the

  3  installation of any such conduit does not include installation

  4  of any conductor wiring or connection to an energized

  5  electrical system. An underground utility and excavation

  6  contractor shall not install any piping that is an integral

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

  8  beginning at the point where the piping is used exclusively

  9  for such system.

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

11  certificate or registration is granted to an individual or

12  business organization, including the first time an individual

13  becomes a qualifying agent for that business organization and

14  the first time a business organization is qualified by that

15  individual.

16         Section 25.  Subsection (6) of section 489.107, Florida

17  Statutes, is amended to read:

18         489.107  Construction Industry Licensing Board.--

19         (6)  The Construction Industry Licensing Board and the

20  Electrical Contractors' Licensing Board shall each appoint a

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

22  year.

23         Section 26.  Subsection (10) of section 489.113,

24  Florida Statutes, is amended to read:

25         489.113  Qualifications for practice; restrictions.--

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

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

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

29  existing type of contractor under this part unless the

30  Legislature expressly provides such a limitation.

31


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                                          HB 4439, First Engrossed



  1         Section 27.  Section 489.1135, Florida Statutes, is

  2  repealed.

  3         Section 28.  Section 489.1136, Florida Statutes, is

  4  created to read:

  5         489.1136  Medical gas certification.--

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

  7  registration required to engage in business as a plumbing

  8  contractor, any plumbing contractor who wishes to engage in

  9  the business of installation, improvement, repair, or

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

11  transport gaseous or partly gaseous substances for medical

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

13  education requirement, at least once during the holding of

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

15  shall be given by an instructional facility or teaching entity

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

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

18  to teach familiarity with the National Fire Prevention

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

20  latest edition) and also designed to teach familiarity and

21  practical ability in performing and inspecting brazing duties

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

23  maintenance work. Such course shall issue a certificate of

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

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

26  have such contractor engage in the business of installation,

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

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

29  licensed plumbing contractor to provide work on the

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

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


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                                          HB 4439, First Engrossed



  1  prerequisite to his or her ability to provide such service

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

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

  4  designed to teach familiarity with the National Fire

  5  Prevention Association Standard 99C (Standard on Gas and

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

  7  familiarity and practical ability in performing and inspecting

  8  brazing duties required of medical gas installation,

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

10  also include the administration of a practical examination in

11  the skills required to perform work as outlined above,

12  including brazing, and each examination shall be reasonably

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

14  person taking such course and examination must, upon

15  successful completion of both, be issued a certificate of

16  completion by the giver of such course, which certificate

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

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

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

20  medical gas system.

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

22  only brazing duties incidental to the installation,

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

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

25  familiarity with and practical ability in performing brazing

26  duties required of medical gas installation, improvement,

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

28  approved by the board. Such examination must test for

29  knowledge of National Fire Prevention Association Standard 99C

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

31  person taking such examination must, upon passing such


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                                          HB 4439, First Engrossed



  1  examination, be issued a certificate of completion by the

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

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

  4  seeking to have or employ such person to perform brazing

  5  duties on a medical gas system.

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

  7  contractor to ascertain whether members of his or her

  8  workforce are in compliance with this subsection, and such

  9  contractor is subject to discipline under s. 489.129 for

10  violation of this subsection.

11         (e)  Training programs in medical gas piping

12  installation, improvement, repair, or maintenance shall be

13  reviewed annually by the board to ensure that programs have

14  been provided equitably across the state.

15         (f)  Periodically, the board shall review training

16  programs in medical gas piping installation for quality in

17  content and instruction in accordance with the National Fire

18  Prevention Association Standard 99C (Standard on Gas and

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

20  to complaints regarding approved programs.

21         (g)  Training required under this section for current

22  licensees must be met by October 1, 2000.

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

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

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

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

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

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

29  must be present.

30         (b)  It is the responsibility of the licensed

31  contractor to ascertain whether members of his or her


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                                          HB 4439, First Engrossed



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

  2  contractor is subject to discipline under s. 489.129 for

  3  violation of this subsection.

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

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

  6  and all gaseous or partly gaseous substance used in medical

  7  patient care and treatment shall be presumed for the purpose

  8  of this section to be used for medical purposes.

  9         Section 29.  Subsection (4) is added to section 553.06,

10  Florida Statutes, to read:

11         553.06  State Plumbing Code.--

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

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

14  transport gaseous or partly gaseous substances for medical

15  purposes shall be governed and regulated under National Fire

16  Prevention Association Standard 99C (Standard on Gas and

17  Vacuum Systems, latest edition). Notwithstanding the

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

19  or excepted from the requirements of this subsection.

20         Section 30.  Paragraph (b) of subsection (4) of section

21  489.115, Florida Statutes, is amended, and subsection (7) is

22  added to said section, to read:

23         489.115  Certification and registration; endorsement;

24  reciprocity; renewals; continuing education.--

25         (4)

26         (b)1.  Each certificateholder or registrant shall

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

28  that the certificateholder or registrant has completed at

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

30  continuing education courses during each biennium since the

31  issuance or renewal of the certificate or registration. The


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                                          HB 4439, First Engrossed



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

  2  14 hours must deal with the subject of workers' compensation,

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

  4  rule establish criteria for the approval of continuing

  5  education courses and providers, including requirements

  6  relating to the content of courses and standards for approval

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

  8  alternative nonclassroom continuing education on an

  9  hour-for-hour basis.

10         2.  In addition, the board may approve specialized

11  continuing education courses on compliance with the wind

12  resistance provisions for one and two family dwellings

13  contained in the State Minimum Building Codes and any

14  alternate methodologies for providing such wind resistance

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

16  Codes and Standards. Division I certificateholders or

17  registrants who demonstrate proficiency upon completion of

18  such specialized courses may certify plans and specifications

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

20  code or alternate methodologies, as appropriate, except for

21  dwellings located in floodways or coastal hazard areas as

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

23  Program.

24         (7)  If a certificateholder or registrant holds a

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

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

27  certificateholder or registrant may apply those course hours

28  for workers' compensation, workplace safety, and business

29  practices obtained under part II to the requirements under

30  this part.

31


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                                          HB 4439, First Engrossed



  1         Section 31.  Paragraph (a) of subsection (3) of section

  2  489.119, Florida Statutes, is amended to read:

  3         489.119  Business organizations; qualifying agents.--

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

  5  registered under this part in order for the business

  6  organization to be issued a certificate of authority in the

  7  category of the business conducted for which the qualifying

  8  agent is certified or registered. If any qualifying agent

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

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

11  qualifying agent is the only certified or registered

12  contractor affiliated with the business organization, the

13  business organization shall notify the department of the

14  termination of the qualifying agent and shall have 60 days

15  from the termination of the qualifying agent's affiliation

16  with the business organization in which to employ another

17  qualifying agent. The business organization may not engage in

18  contracting until a qualifying agent is employed, unless the

19  executive director or chair of the board has granted a

20  temporary nonrenewable certificate or registration to the

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

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

23  assumes all responsibilities of a primary qualifying agent for

24  the entity. This temporary certificate or registration shall

25  only allow the entity to proceed with incomplete contracts as

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

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

28  entered into by, the business organization prior to the

29  cessation of affiliation of the qualifying agent with the

30  business organization or one on which the business

31  organization was the low bidder and the contract is


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                                          HB 4439, First Engrossed



  1  subsequently awarded, regardless of whether any actual work

  2  has commenced under the contract prior to the qualifying agent

  3  ceasing to be affiliated with the business organization.

  4         Section 32.  Section 489.140, Florida Statutes, is

  5  amended to read:

  6         489.140  Construction Industries Recovery Fund.--There

  7  is created the Florida Construction Industries Recovery Fund

  8  as a separate account in the Professional Regulation Trust

  9  Fund.

10         (1)  The Florida Construction Industries Recovery Fund

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

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

13  court of competent jurisdiction to have suffered monetary

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

15  restitution by the board, where the judgment or restitution

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

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

18  officer, or business organization licensed under the

19  provisions of this part at the time the violation was

20  committed, and providing that the violation occurs after July

21  1, 1993.

22         (2)  The Construction Industries Recovery Fund shall be

23  funded out of the receipts deposited in the Professional

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

25  surcharge on building permits collected and disbursed pursuant

26  to s. 468.631.

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

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

29  shall be transferred into the Construction Industries Recovery

30  Fund.

31


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                                          HB 4439, First Engrossed



  1         Section 33.  Section 489.141, Florida Statutes, is

  2  amended to read:

  3         489.141  Conditions for recovery; eligibility.--

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

  5  Construction Industries Recovery Fund after having made a

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

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

  8  of insurance, if:

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

10  of competent jurisdiction in this state in any action wherein

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

12  the Construction Industry Licensing Board has issued a final

13  order directing the licensee to pay restitution to the

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

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

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

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

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

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

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

21  notice requirement;

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

23  execution upon such judgment, and the officer executing the

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

25  property of the judgment debtor or licensee liable to be

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

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

28  or licensee's property pursuant to such execution was

29  insufficient to satisfy the judgment; or

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

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


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                                          HB 4439, First Engrossed



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

  2  searches and inquiries to ascertain whether the judgment

  3  debtor or licensee is possessed of real or personal property

  4  or other assets subject to being sold or applied in

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

  6  discovered no property or assets or has discovered property

  7  and assets and has taken all necessary action and proceedings

  8  for the application thereof to the judgment but the amount

  9  thereby realized was insufficient to satisfy the judgment; or

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

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

12  the board; and

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

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

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

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

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

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

19  year after the conclusion of any civil or administrative

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

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

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

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

24  of restitution ordered by the board; and

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

26  this act from making a claim for recovery.

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

28  recovery from the Construction Industries Recovery Fund, if:

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

30  or licensee or a personal representative of such spouse;

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                                          HB 4439, First Engrossed



  1         (b)  The claimant is a licensee certificateholder or

  2  registrant who acted as the contractor in the transaction

  3  which is the subject of the claim;

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

  5  contract in which the licensee certificateholder or registrant

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

  7  the licensee certificateholder or registrant;

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

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

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

11         (e)  Such person was associated in a business

12  relationship with the licensee certificateholder or registrant

13  other than the contract at issue.

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

15  making improper payments to a contractor as defined in chapter

16  713, part I.

17         Section 34.  Section 489.142, Florida Statutes, is

18  amended to read:

19         489.142  Board powers relating to recovery upon

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

21  actions for recovery from the Construction Industries Recovery

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

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

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

25  take any action it deems appropriate and may take recourse

26  through any appropriate method of review on behalf of the

27  State of Florida.

28         Section 35.  Section 489.143, Florida Statutes, is

29  amended to read:

30         489.143  Payment from the fund.--

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                                          HB 4439, First Engrossed



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

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

  3  payment to be made to such person from the Construction

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

  5  restitution order, exclusive of postjudgment interest, against

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

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

  8  judgment or restitution order, exclusive of postjudgment

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

10  extent and amount reflected in the judgment or restitution

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

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

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

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

15  in s. 489.140(1).

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

17  payment from the Construction Industries Recovery Fund, the

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

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

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

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

22  claimant; and any amount subsequently recovered on the

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

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

25  for the purpose of reimbursing the Construction Industries

26  Recovery Fund.

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

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

29  regardless of the number of claimants involved in the

30  transaction.

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                                          HB 4439, First Engrossed



  1         (4)  Payments for claims against any one licensee

  2  certificateholder or registrant shall not exceed, in the

  3  aggregate, $100,000.

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

  5  aggregate limits for each transaction and licensee and to the

  6  limits of the amount appropriated to pay claims against the

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

  8         (6)  If the annual appropriation is exhausted with

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

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

11  remaining in the Construction Industries Recovery Fund at the

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

13  468.631.

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

15  exceed 80 percent of the fund balance plus anticipated revenue

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

17  claims until such time as the board is given express

18  authorization and funding from the Legislature.

19         (7)(6)  Upon the payment of any amount from the

20  Construction Industries Recovery Fund in settlement of a claim

21  in satisfaction of a judgment or restitution order against a

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

23  license of such licensee certificateholder shall be

24  automatically suspended, without further administrative

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

26  such licensee certificateholder shall not be reinstated until

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

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

29  person from the penalties and disabilities provided in this

30  section.

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                                          HB 4439, First Engrossed



  1         Section 36.  Subsection (14) of section 489.503,

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

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

  4         489.503  Exemptions.--This part does not apply to:

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

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

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

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

  9  transmitting data, voice communications, or commands as part

10  of:

11         (a)  A system of telecommunications, including

12  computers, telephone customer premises equipment, or premises

13  wiring; or

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

15  or radio distribution system.

16

17  The scope of this exemption is limited to electrical circuits

18  and equipment governed by the applicable provisions of

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

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

21  47 C.F.R. part 68. Additionally, a company certified under

22  chapter 364 is not subject to any local ordinance that

23  requires a permit for work performed by its employees related

24  to low voltage electrical work, including related technical

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

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

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

28  telecommunication service as required by chapter 364, and is

29  not actively competitive in nature or the subject of a

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

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                                          HB 4439, First Engrossed



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

  2  subcontractors.

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

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

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

  6  enforcement officer or fire official acting in an official

  7  capacity.

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

  9  employee of any state or federally chartered financial

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

11  affiliate, or subsidiary thereof, so long as:

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

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

14  U.S.C. s. 1882;

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

16  applicable firesafety standards as set forth in chapter 633;

17  and

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

19  associated with:

20         1.  The commercial property where banking operations

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

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

23  655.005(1)(h), or any parent, affiliate, or subsidiary

24  thereof; or

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

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

27

28  and does not otherwise extend to the monitoring of residential

29  systems.

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

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


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                                          HB 4439, First Engrossed



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

  2  is leased by, the business;

  3         (b)  The alarm system complies with all applicable

  4  firesafety standards as set forth in chapter 633; and

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

  6  commercial premises leased by the business endeavor or

  7  commercial premises owned by the business endeavor and not

  8  leased to another.

  9

10  This exemption is intended to allow businesses to monitor

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

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

13  to enable the owner of any apartment complex, aggregate

14  housing, or commercial property to monitor alarm systems on

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

16  customers thereof.

17         (20)  Contracting for maintenance, repair, remodeling,

18  or improvement by any person licensed under part I of chapter

19  475 while acting as the owner's agent pursuant to that

20  license, where all work requiring a contractor is performed by

21  a contractor who has a current, valid certificate or

22  registration issued under this part to perform such work, and

23  where the aggregate contract for labor, materials, and all

24  other items is less than $5,000; however, this exemption does

25  not apply:

26         (a)  If the maintenance, 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.


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                                          HB 4439, First Engrossed



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

  2  qualified to engage in contracting.

  3         Section 37.  Subsection (24) of section 489.505,

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

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

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

  7  and new subsections (27) and (28) are added to said section,

  8  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


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                                          HB 4439, First Engrossed



  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:


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                                          HB 4439, First Engrossed



  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.


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                                          HB 4439, First Engrossed



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

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

  3  contractor or certified unlimited electrical contractor;

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

  5  an activity that constitutes fire alarm system contracting

  6  requiring certification under this part; and

  7         (c)  Whose specific duties include any of the

  8  following:  altering, installing, maintaining, moving,

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

10  a fire alarm system for compensation.

11         Section 38.  Subsection (5) of section 489.507, Florida

12  Statutes, is amended to read:

13         489.507  Electrical Contractors' Licensing Board.--

14         (5)  The Electrical Contractors' Licensing Board and

15  the Construction Industry Licensing Board shall each appoint a

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

17  year.

18         Section 39.  Section 489.509, Florida Statutes, is

19  amended to read:

20         489.509  Fees.--

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

22  paid for applications, examination, reexamination, transfers,

23  licensing and renewal, reinstatement, and recordmaking and

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

25  covers the cost of obtaining and administering the examination

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

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

28  The fee for initial application and examination for

29  certification of electrical contractors may not exceed $400.

30  The initial application fee for registration may not exceed

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


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                                          HB 4439, First Engrossed



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

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

  3  application and examination for certification of alarm system

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

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

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

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

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

  9  to renew an active or inactive certificate or registration

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

11  certificate or registration becoming delinquent. The fee to

12  transfer a certificate or registration from one business

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

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

15  board shall establish fees that are adequate to ensure the

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

17  department estimates of the revenue required to implement this

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

19  of electrical contractors and alarm system contractors.

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

21  certificate from the board may go on inactive status during

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

23  retain the certificate or registration on an inactive basis,

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

25  exceed $50 per renewal period.

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

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

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

29  Department of Education to fund projects relating to the

30  building construction industry or continuing education

31  programs offered to persons engaged in the building


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                                          HB 4439, First Engrossed



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

  2  the funds are transferred, advise the Department of Education

  3  on the most needed areas of research or continuing education

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

  5  the most common types of consumer complaints or on problems

  6  costing the state or local governmental entities substantial

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

  8  Education. The Department of Education must allocate 50

  9  percent of the funds to a graduate program in building

10  construction in a Florida university and 50 percent of the

11  funds to all accredited private and state universities and

12  community colleges within the state offering approved courses

13  in building construction, with each university or college

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

15  of full-time building construction students enrolled at the

16  institution. The Department of Education shall ensure the

17  distribution of research reports and the availability of

18  continuing education programs to all segments of the building

19  construction industry to which they relate. The Department of

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

21  summarizing the allocation of the funds by institution and

22  summarizing the new projects funded and the status of

23  previously funded projects. The Commissioner of Education is

24  directed to appoint one electrical contractor and one

25  certified alarm system contractor to the Building Construction

26  Industry Advisory Committee.

27         Section 40.  Paragraph (a) of subsection (2),

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

29  489.511, Florida Statutes, are amended to read:

30         489.511  Certification; application; examinations;

31  endorsement.--


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                                          HB 4439, First Engrossed



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

  2  certification examination for the purpose of determining

  3  whether he or she is qualified to engage in contracting

  4  throughout the state as a contractor if the person:

  5         1.  Is at least 18 years of age;

  6         2.  Is of good moral character; and

  7         3.  Meets eligibility requirements according to one of

  8  the following criteria:

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

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

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

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

13  experience may be educational equivalent;

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

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

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

17  or she is making application;

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

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

20  training, technical education, or supervisory broad experience

21  associated with an electrical or alarm system contracting

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

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

24  governmental entity installation or servicing endeavor; or

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

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

27  professional an engineer who is qualified by education,

28  training, or experience to practice electrical engineering; or

29         e.  Has any combination of qualifications under

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

31


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                                          HB 4439, First Engrossed



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

  2  is qualified shall be allowed to take the examination three

  3  times, notwithstanding the number of times the applicant has

  4  previously failed the examination. If an applicant fails the

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

  6  require the applicant to complete additional college-level or

  7  technical education courses in the areas of deficiency, as

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

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

10  application that meets all certification requirements at the

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

12  registered unlimited electrical contractor or certified or

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

14  passed an examination determined by the board to be

15  substantially equivalent to the examination required for

16  certification as either an unlimited electrical contractor or

17  an alarm system contractor and who has satisfied the other

18  requirements of this section shall be certified as an alarm

19  system contractor I without further examination.

20         (5)

21         (b)  For those specialty electrical or alarm system

22  contractors applying for certification under this part who

23  work in jurisdictions that do not require local licensure for

24  those activities for which the applicant desires to be

25  certified, the experience requirement may be met by

26  demonstrating at least 6 years of comprehensive training,

27  technical education, or supervisory broad experience, within

28  the 12 years immediately preceding the filing of the

29  application, in the type of specialty electrical or alarm

30  system work for which certification is desired. An affidavit

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


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                                          HB 4439, First Engrossed



  1  performed the work required under this paragraph shall be

  2  sufficient to demonstrate to the board that the applicant has

  3  met the experience requirement.

  4         Section 41.  Subsection (3) of section 489.513, Florida

  5  Statutes, is amended to read:

  6         489.513  Registration; application; requirements.--

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

  8  the applicant shall file evidence of holding a current

  9  occupational license or a current license issued by any

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

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

12  department, together with evidence of successful compliance

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

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

15  the registration fee fixed pursuant to this part. No

16  examination may be required for registration as an electrical

17  contractor except for any examination required by a local

18  government to obtain the local licensure.

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

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

21  residential alarm system contractor, the applicant shall file

22  evidence of holding a current occupational license or a

23  current license issued by any municipality or county of the

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

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

26  required by that municipality or county, together with

27  evidence of having passed an appropriate local examination,

28  written or oral, designed to test skills and knowledge

29  relevant to the technical performance of the profession,

30  accompanied by the registration fee fixed pursuant to this

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


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                                          HB 4439, First Engrossed



  1  jurisdiction which does not issue a local license as an

  2  electrical or alarm system contractor or does not require an

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

  4  be considered qualified to be issued a registration in the

  5  appropriate electrical or alarm system category, provided that

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

  7  on an examination which is substantially equivalent to the

  8  examination approved by the board for certification in the

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

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

11  pass an examination in order to obtain a registration shall

12  not apply to persons making application prior to the effective

13  date of this act.

14         Section 42.  Subsections (4) and (5) are added to

15  section 489.517, Florida Statutes, to read:

16         489.517  Renewal of certificate or registration;

17  continuing education.--

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

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

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

21  the certificateholder or registrant may apply those course

22  hours for workers' compensation, workplace safety, and

23  business practices obtained under part I to the requirements

24  under this part.

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

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

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

28  1 hour on business practices.

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

30  registrant certifies that he or she has continually maintained

31  the required amounts of public liability and property damage


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                                          HB 4439, First Engrossed



  1  insurance as specified by board rule. The board shall

  2  establish by rule a procedure to verify the public liability

  3  and property damage insurance for a specified period, based

  4  upon a random sampling method.

  5         Section 43.  Effective January 1, 1999, section

  6  489.5185, Florida Statutes, is created to read:

  7         489.5185  Fire alarm system agents.--

  8         (1)  A certified unlimited electrical contractor or

  9  licensed fire alarm contractor may not employ a person to

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

11  person:

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

13  court-approved declaration of emancipation.

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

15  of initial training, to include basic fire alarm system

16  technology in addition to related training in National Fire

17  Protection Association (NFPA) codes and standards and access

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

19  provider, and the employee or applicant for employment must

20  provide proof of successful completion to the licensed

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

22  approval of training courses and providers. The board shall

23  approve qualified providers that conduct training in other

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

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

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

27  exceed $100 per course.

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

29  a crime that directly relates to the business for which

30  employment is being sought. Although the employee is barred

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


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                                          HB 4439, First Engrossed



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

  2  supplied the information regarding any convictions occurring

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

  4  discretion consider an earlier conviction to be a bar to

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

  6  requirement has been met, a certified unlimited electrical

  7  contractor or licensed fire alarm contractor must obtain from

  8  the Florida Department of Law Enforcement a completed

  9  fingerprint and criminal background check for each applicant

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

11  individual currently employed on the effective date of this

12  act as a fire alarm system agent.

13         (d)  Has not been committed for controlled substance

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

15  similar law relating to controlled substances in any other

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

17  of application for employment, or immediately preceding the

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

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

20  establishes that he or she is not currently abusing any

21  controlled substance and has successfully completed a

22  rehabilitation course.

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

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

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

26  completed alarm system agent or burglar alarm system agent

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

28  board-certified program is not required to take additional

29  training in order to comply with the initial training

30  requirements of this section.

31


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                                          HB 4439, First Engrossed



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

  2  state-certified fire alarm system contractor, a

  3  state-registered fire alarm system contractor, a journeyman

  4  electrician licensed by any local jurisdiction, or an alarm

  5  technician licensed by a local jurisdiction that requires an

  6  examination and experience or training as licensure

  7  qualifications is not required to complete the training

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

  9  electrical contractor is not required to complete the training

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

11  only doing electrical work up to the alarm panel.

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

13  apprentice under the direct, onsite, continuous supervision of

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

15  electrical contractor, a state-certified fire alarm system

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

17  journeyman electrician licensed by any local jurisdiction, an

18  alarm technician licensed by a local jurisdiction that

19  requires an examination and experience or training as

20  licensure qualifications, or a qualified fire alarm system

21  agent is not required to complete the training otherwise

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

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

24  licensed fire alarm contractor or certified unlimited

25  electrical contractor who has fulfilled all requirements of s.

26  489.518 prior to the effective date of this act is not

27  required to complete the initial training required by this

28  section for fire alarm system agents.

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

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

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


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                                          HB 4439, First Engrossed



  1  continue employment, pending completion of both the training

  2  and the fingerprint and criminal background checks required by

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

  4  date of application for employment or 90 days after the

  5  effective date of this act for individuals employed as fire

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

  7  work under the direction and control of a sponsoring certified

  8  unlimited electrical contractor or licensed fire alarm

  9  contractor until completion of both the training and the

10  fingerprint and criminal background checks. If an applicant or

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

12  not complete the training or receive satisfactory fingerprint

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

14  employment must be terminated immediately.

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

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

17  fire alarm system agents with an identification card.

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

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

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

21  of the certified unlimited electrical contractor or licensed

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

23  contractor and the holder of the card. Each identification

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

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

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

27  agent duties.

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

29  been issued is responsible for the safekeeping thereof, and

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

31  identification card.


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                                          HB 4439, First Engrossed



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

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

  3  the 6 hours of continuing education necessary to maintain

  4  certification as a fire alarm system agent.

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

  6  of continuing education on fire alarm system installation and

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

  8  and through a board-approved training course.

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

10  this section shall be grounds for disciplinary action against

11  the contractor pursuant to s. 489.533.

12         Section 44.  Section 489.519, Florida Statutes, is

13  amended to read:

14         489.519  Inactive status.--

15         (1)  A certificate or registration that has become

16  inactive may be reactivated under s. 489.517 upon application

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

18  continuing education requirements as a condition of

19  reactivating a certificate or registration. The continuing

20  education requirements for reactivating a certificate or

21  registration may not exceed 12 classroom hours for each year

22  the certificate or registration was inactive.

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

24  contrary, a certificateholder or registrant may apply to the

25  department for voluntary inactive status at any time during

26  the period of certification or registration.

27         (3)(2)  The board shall impose, by rule, continuing

28  education requirements for voluntary inactive

29  certificateholders, when voluntary inactive status is sought

30  by certificateholders who are also building code

31


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                                          HB 4439, First Engrossed



  1  administrators, plans examiners, or inspectors certified

  2  pursuant to part XIII of chapter 468.

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

  4  certification examination must submit an application either to

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

  6  inactive status.

  7         Section 45.  Section 489.521, Florida Statutes, is

  8  amended to read:

  9         489.521  Business organizations; qualifying agents.--

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

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

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

13  name is used, the applicant shall furnish evidence of

14  statutory compliance.

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

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

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

18  application shall state the name of the partnership and its

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

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

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

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

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

24  statutory compliance if a fictitious name is used. Such

25  application shall also show that the qualifying agent is

26  legally qualified to act for the business organization in all

27  matters connected with its electrical or alarm system

28  contracting business and that he or she has authority to

29  supervise electrical or alarm system contracting undertaken by

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

31  venture composed of qualified business organizations, is


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                                          HB 4439, First Engrossed



  1  itself a separate and distinct organization that shall be

  2  qualified in accordance with board rules. The registration or

  3  certification, when issued upon application of a business

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

  5  and the name of the business organization shall be noted

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

  7  required to be stated on the application, the business

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

  9  mail the correct information to the department.

10         2.  Any person certified or registered pursuant to this

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

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

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

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

15  for certification or registration under this part for a period

16  of 5 years.

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

18  proposed qualifying agent is legally qualified to act for the

19  business organization in all matters connected with its

20  electrical or alarm system contracting business and concerning

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

22  supervise electrical or alarm system contracting work

23  undertaken by the business organization.

24         (c)  The proposed qualifying agent shall demonstrate

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

26  experience to qualify the business organization in the

27  following manner:

28         1.  Having met the qualifications provided in s.

29  489.511 and been issued a certificate of competency pursuant

30  to the provisions of s. 489.511; or

31


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                                          HB 4439, First Engrossed



  1         2.  Having demonstrated that he or she possesses the

  2  required experience and education requirements provided in s.

  3  489.511 which would qualify him or her as eligible to take the

  4  certification examination.

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

  6  furnish evidence of financial responsibility, credit, and

  7  business reputation of the business organization, as well as

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

  9  defining financial responsibility based upon the business

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

11  history of bankruptcy or assignment of receivers. Such rules

12  shall specify the financial responsibility grounds on which

13  the board may determine that a business organization is not

14  qualified to engage in contracting.

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

16  certification examination, the board shall, within 60 days

17  from the date of the examination, inform the business

18  organization in writing whether or not its qualifying agent

19  has qualified.

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

21  applying to engage in contracting, after having been notified

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

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

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

25  department. A new application to engage in contracting shall

26  be accompanied by another application fee fixed pursuant to

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

28  good cause.

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

30  organization's proposed qualifying agent has qualified, the

31  business organization shall be authorized to engage in the


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                                          HB 4439, First Engrossed



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

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

  3  business organization shall be noted thereon.

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

  5  renewal of a certificate, the applicant certificateholder or

  6  the business organization he or she qualifies shall submit

  7  evidence an affidavit on a form provided by the board

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

  9  organization has obtained public liability and property damage

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

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

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

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

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

15  initial issuance of a certificate, the applicant shall furnish

16  evidence of financial responsibility, credit, and business

17  reputation of either himself or herself or the business

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

19  adopt rules defining financial responsibility based upon the

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

21  bankruptcy or assignment of receivers. Such rules shall

22  specify the financial responsibility grounds on which the

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

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

25  certificateholder or business organization is notified that he

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

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

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

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

30  department that the certificateholder or the business

31  organization is competent and qualified to engage in


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                                          HB 4439, First Engrossed



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

  2  apply to inactive certificates.

  3         (5)  At least one officer member or supervising

  4  employee of the business organization must be qualified under

  5  this act in order for the business organization to be

  6  qualified to engage in contracting in the category of the

  7  business conducted for which the member or supervising

  8  employee is qualified. If any individual so qualified on

  9  behalf of the business organization ceases to qualify be

10  affiliated with the business organization, he or she shall

11  notify the board and the department thereof within 30 days

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

13  only qualified individual who qualifies affiliated with the

14  business organization, the business organization shall notify

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

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

17  the individual individual's affiliation with the business

18  organization in which to qualify another person under the

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

20  determine that the business organization is no longer

21  qualified to engage in contracting. The individual shall also

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

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

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

25  business organization, shall supply the same information to

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

27  investigation of the financial responsibility, credit, and

28  business reputation of the individual or the new business

29  organization and upon a favorable determination, the board

30  shall certify the business organization as qualified, and the

31  department shall issue, without examination, a new certificate


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                                          HB 4439, First Engrossed



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

  2  new business organization, as provided in this section.

  3         (6)  When a business organization qualified to engage

  4  in contracting makes application for an occupational license

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

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

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

  8  issued to the business organization upon payment of the

  9  appropriate licensing fee and exhibition to the tax collector

10  of a valid certificate issued by the department.

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

12  affix the number of his or her registration or certification

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

14  permit issued and recorded.  Each city or county building

15  department shall require, as a precondition for the issuance

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

17  permit provide verification giving the number of his or her

18  registration or certification under this part.

19         (b)  The registration or certification number of a

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

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

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

23  "advertisement" does not include business stationery or any

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

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

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

27  to include that contractor's certification or registration

28  number when submitting an advertisement for publication,

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

30  any advertisement to be a certified or registered contractor,

31  but who does not hold a valid state certification or


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                                          HB 4439, First Engrossed



  1  registration, commits a misdemeanor of the second degree,

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

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

  4  amount equal to the original fee for certification or

  5  registration to qualify any additional business organizations.

  6  If the qualifying agent for a business organization desires to

  7  qualify additional business organizations, the board shall

  8  require him or her to present evidence of supervisory ability

  9  and financial responsibility of each such organization.

10  Allowing a licensee to qualify more than one business

11  organization shall be conditioned upon the licensee showing

12  that the licensee has both the capacity and intent to

13  adequately supervise each business organization in accordance

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

15  business organizations which the licensee may qualify except

16  upon the licensee's failing to provide such information as is

17  required under this subsection or upon a finding that such

18  information or evidence as is supplied is incomplete or

19  unpersuasive in showing the licensee's capacity and intent to

20  comply with the requirements of this subsection. A

21  qualification for an additional business organization may be

22  revoked or suspended upon a finding by the board that the

23  licensee has failed in the licensee's responsibility to

24  adequately supervise the operations of that business

25  organization in accordance with s. 489.522(1). Failure of the

26  responsibility to adequately supervise the operations of a

27  business organization in accordance with s. 489.522(1) shall

28  be grounds for denial to qualify additional business

29  organizations. The issuance of such certification or

30  registration is discretionary with the board.

31


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                                          HB 4439, First Engrossed



  1         (9)  If a business organization or any of its partners,

  2  officers, directors, trustees, or members is disciplined for

  3  violating s. 489.533(1), the board may, on that basis alone,

  4  deny issuance of a certificate or registration to a qualifying

  5  agent on behalf of that business organization.

  6         Section 46.  Section 489.525, Florida Statutes, is

  7  amended to read:

  8         489.525  Reports of certified contractors to local

  9  building officials.--

10         (1)  The department shall inform all local boards or

11  building officials prior to October of each year of the names

12  of all certificateholders and the status of the certificates.

13         (2)  The department may shall include in the report of

14  certified contractors provided in subsection (1) a report to

15  all county tax collectors, local boards, and building

16  officials, containing:

17         (a)  the contents of this part; and

18         (b)  the contents of the rules of the board and the

19  contents of the rules of the department which affect local

20  government as determined by the department. Any information

21  that is available through the Internet or other electronic

22  means may be excluded from the report.

23         Section 47.  Subsections (1) and (2) of section

24  489.533, Florida Statutes, are amended to read:

25         489.533  Disciplinary proceedings.--

26         (1)  The following acts shall constitute grounds for

27  disciplinary actions as provided in subsection (2):

28         (a)  Failure to comply with Violating any provision of

29  s. 489.531 or chapter 455.

30         (b)  Attempting to procure a certificate or

31  registration to practice electrical or alarm system


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                                          HB 4439, First Engrossed



  1  contracting by bribery or fraudulent or willful

  2  misrepresentations.

  3         (c)  Having a certificate or registration to practice

  4  contracting revoked, suspended, or otherwise acted against,

  5  including the denial of licensure, by the licensing authority

  6  of another state, territory, or country.

  7         (d)  Being convicted or found guilty of, or entering a

  8  plea of nolo contendere to, regardless of adjudication, of a

  9  crime in any jurisdiction which directly relates to the

10  practice of electrical or alarm system contracting or the

11  ability to practice electrical or alarm system contracting.

12         (e)  Making or filing a report or record which the

13  certificateholder or registrant knows to be false, willfully

14  failing to file a report or record required by state or

15  federal law, willfully impeding or obstructing such filing, or

16  inducing another person to impede or obstruct such filing.

17  Such reports or records shall include only those which are

18  signed in the capacity of a certified electrical or alarm

19  system contractor.

20         (f)  Committing fraud or deceit, or negligence,

21  incompetency, or misconduct in the practice of electrical or

22  alarm system contracting.

23         (g)  Violating chapter 633 or the rules of the State

24  Fire Marshal.

25         (h)  Practicing on a revoked, suspended, inactive, or

26  delinquent certificate or registration.

27         (i)  Willfully or deliberately disregarding and

28  violating the applicable building codes or laws of the state

29  or any municipality or county thereof.

30         (j)  Performing any act which assists a person or

31  entity in engaging in the prohibited uncertified and


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                                          HB 4439, First Engrossed



  1  unregistered practice of contracting, if the certificateholder

  2  or registrant knows or has reasonable grounds to know that the

  3  person or entity was uncertified and unregistered.

  4         (k)  Knowingly combining or conspiring with any person

  5  by allowing one's certificate to be used by any uncertified

  6  person with intent to evade the provisions of this part.  When

  7  a certificateholder allows his or her certificate to be used

  8  by one or more companies without having any active

  9  participation in the operations or management of said

10  companies, such act constitutes prima facie evidence of an

11  intent to evade the provisions of this part.

12         (l)  Acting in the capacity of a contractor under any

13  certificate or registration issued hereunder except in the

14  name of the certificateholder or registrant as set forth on

15  the issued certificate or registration or in accordance with

16  the personnel of the certificateholder or registrant as set

17  forth in the application for the certificate or registration

18  or as later changed as provided in this part.

19         (m)  Committing financial mismanagement or misconduct

20  in the practice of contracting that causes financial harm to a

21  customer.  Financial mismanagement or misconduct occurs if:

22         1.  A valid lien has been recorded against the property

23  of a contractor's customer for supplies or services ordered by

24  the contractor for the customer's job, the contractor has

25  received funds from the customer to pay for the supplies or

26  services, and the contractor has not had the lien removed from

27  the property, by payment or by bond, within 75 days after the

28  date of the lien;

29         2.  A contractor has abandoned a customer's job and the

30  percentage of completion is less than the percentage of the

31  total contract price that had been paid to the contractor as


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                                          HB 4439, First Engrossed



  1  of the time of abandonment, unless the contractor is entitled

  2  to retain the excess funds under the terms of the contract or

  3  refunds the excess funds within 30 days after the date of

  4  abandonment; or

  5         3.  The contractor's job has been completed and it is

  6  shown that the customer has had to pay more for the contracted

  7  job than the original contract price, as adjusted for

  8  subsequent change orders, unless such increase in cost was the

  9  result of circumstances beyond the control of the contractor,

10  was the result of circumstances caused by the customer, or was

11  otherwise permitted by the terms of the contract between the

12  contractor and the customer; or

13         4.  The contractor fails, within 18 months, to pay or

14  comply with a repayment schedule of a judgment obtained

15  against the contractor or a business qualified by the

16  contractor and relating to the practice of contracting.

17         (n)  Being disciplined by any municipality or county

18  for an act that is a violation of this section.

19         (o)  Failing in any material respect to comply with the

20  provisions of this part and the rules adopted pursuant

21  thereto.

22         (p)  Abandoning a project which the contractor is

23  engaged in or is under contractual obligation to perform.  A

24  project is to be considered abandoned after 90 days if the

25  contractor terminates the project without just cause or

26  without proper notification to the prospective owner,

27  including the reason for termination, or fails to perform work

28  without just cause for 90 consecutive days.

29         (q)  Failing to affix a registration or certification

30  number as required by s. 489.521(7).

31


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                                          HB 4439, First Engrossed



  1         (r)  Proceeding on any job without obtaining applicable

  2  local building department permits and inspections.

  3         (s)  Practicing beyond the scope of a certification or

  4  registration.

  5

  6  For the purposes of this subsection, construction is

  7  considered to be commenced when the contract is executed and

  8  the contractor has accepted funds from the customer or lender.

  9         (2)  When the board finds any applicant, contractor, or

10  business organization for which the contractor is a primary

11  qualifying agent or secondary qualifying agent responsible

12  under s. 489.522 guilty of any of the grounds set forth in

13  subsection (1), it may enter an order imposing one or more of

14  the following penalties:

15         (a)  Denial of an application for certification or

16  registration.

17         (b)  Revocation or suspension of a certificate or

18  registration.

19         (c)  Imposition of an administrative fine not to exceed

20  $5,000 for each count or separate offense.

21         (d)  Issuance of a reprimand.

22         (e)  Placement of the contractor on probation for a

23  period of time and subject to such conditions as the board may

24  specify, including requiring the contractor to attend

25  continuing education courses or to work under the supervision

26  of another contractor.

27         (f)  Restriction of the authorized scope of practice by

28  the contractor.

29         (g)  Require financial restitution to a consumer.

30         Section 48.  For the purpose of incorporating the

31  amendment to section 489.533, Florida Statutes, in a reference


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                                          HB 4439, First Engrossed



  1  thereto, subsection (5) of section 489.518, Florida Statutes,

  2  is reenacted to read:

  3         489.518  Alarm system agents.--

  4         (5)  Failure to comply with any of the provisions of

  5  this section shall be a disciplinable offense against the

  6  contractor pursuant to s. 489.533.

  7         Section 49.  Paragraph (b) of subsection (2) of section

  8  489.537, Florida Statutes, is amended, and subsection (9) is

  9  added to said section, to read:

10         489.537  Application of this part.--

11         (2)

12         (b)  A registered electrical contractor may bid on

13  electrical contracts which include alarm systems contracting

14  as a part of the contract, provided that the individual shall

15  subcontract such alarm systems contracting, except raceway

16  systems, to a properly certified or registered alarm system

17  contractor. Registered electrical contractors may install

18  raceways for alarm systems. However, if the registered

19  electrical contractor is properly certified or registered as

20  an alarm system contractor, the individual is not required to

21  subcontract out the alarm system contracting.

22         (9)  Persons licensed under this part are subject to

23  ss. 205.0535(1) and 205.065, as applicable.

24         Section 50.  Subsection (1) of section 205.0535,

25  Florida Statutes, is amended to read:

26         205.0535  Reclassification and rate structure

27  revisions.--

28         (1)  By October 1, 1995, any municipality or county

29  may, by ordinance, reclassify businesses, professions, and

30  occupations and may establish new rate structures, if the

31  conditions specified in subsections (2) and (3) are met.  A


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                                          HB 4439, First Engrossed



  1  person who is engaged in the business of providing local

  2  exchange telephone service or a pay telephone service in a

  3  municipality or in the unincorporated area of a county and who

  4  pays the occupational license tax under the category

  5  designated for telephone companies or a pay telephone service

  6  provider certified pursuant to s. 364.3375 is deemed to have

  7  but one place of business or business location in each

  8  municipality or unincorporated area of a county and may not be

  9  assessed an occupational license tax on a per-instrument

10  basis.

11         Section 51.  Section 553.19, Florida Statutes, is

12  amended to read:

13         553.19  Adoption of electrical and alarm

14  standards.--For the purpose of establishing minimum electrical

15  and alarm standards in this state, the current edition of the

16  following standards are adopted:

17         (1)  "National Electrical Code 1990," NFPA No. 70

18  70-1990.

19         (2)  Underwriters' Laboratories, Inc., "Standards for

20  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

21  57 57-1982 and UL 153 153-1983.

22         (3)  Underwriters' Laboratories, Inc., "Standard for

23  Electric Signs," UL 48 48-1982.

24         (4)  The provisions of the following which prescribe

25  minimum electrical and alarm standards:

26         (a)  NFPA No. 56A 56A-1978, "Inhalation Anesthetics

27  1978."

28         (b)  NFPA No. 56B 56B-1982, "Respiratory Therapy 1982."

29         (c)  NFPA No. 56C 56C-1980, "Laboratories in

30  Health-related Institutions 1980."

31         (d)  NFPA No. 56D 56D-1982, "Hyperbaric Facilities."


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                                          HB 4439, First Engrossed



  1         (e)  NFPA No. 56F 56F-1983, "Nonflammable Medical Gas

  2  Systems 1983."

  3         (f)  NFPA No. 72, "National Fire Alarm Code."

  4         (g)(f)  NFPA No. 76A 76A-1984, "Essential Electrical

  5  Systems for Health Care Facilities 1984."

  6         (5)  Chapter 10D-29 of the rules and regulations of the

  7  Department of Health and Rehabilitative Services, entitled

  8  "Nursing Homes and Related Facilities Licensure."

  9         (6)  The minimum standards for grounding of portable

10  electric equipment, chapter 8C-27 as recommended by the

11  Industrial Standards Section, Division of Workers'

12  Compensation, Department of Labor and Employment Security.

13         Section 52.  Section 501.935, Florida Statutes, is

14  created to read:

15         501.935  Home-inspection reports; required disclosures

16  prior to inspection; report on inspection results; prohibited

17  acts; failure to comply.--

18         (1)  INTENT.--The Legislature recognizes that the

19  performance of a home inspection requires certain skills and

20  that a home inspection should not be confused with an

21  engineering analysis.  Therefore, it is necessary in the

22  interest of the public health, safety, and welfare to require

23  the disclosure of information useful to assist consumers in

24  choosing a qualified home inspector, to inform them of the

25  limitations of a home inspection, and to prohibit actions that

26  conflict with the best interests of a home inspector's client.

27         (2)  DEFINITIONS.--For the purposes of this section:

28         (a)  "Home inspector" means any person who provides or

29  offers to provide a home inspection on residential real

30  property for a fee.

31


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                                          HB 4439, First Engrossed



  1         (b)  "Home inspection" means an examination of the

  2  mechanical and physical components of residential real

  3  property through visual means and operation of normal user

  4  controls, without necessarily the use of any mathematical or

  5  engineering science.  The inspection may include, but is not

  6  limited to, examination of the electrical, heating, and

  7  central air-conditioning systems; the interior plumbing; the

  8  roof and visible insulation therefor; walls, ceilings, floors,

  9  windows, and doors; the foundation; and the basement or crawl

10  space.

11         (3)  EXEMPTIONS.--A person licensed as a construction

12  contractor under chapter 489, an architect under chapter 481,

13  or an engineer under chapter 471 shall not be required to

14  comply with this section with regard to any report, survey,

15  evaluation, or estimate rendered within the scope of practice

16  authorized by such license.

17         (4)  DISCLOSURE.--Prior to performing any home

18  inspection, a home inspector shall provide the following to

19  any person who has entered into a contract to have a home

20  inspection and who, as a client of the inspector, has

21  requested the inspection:

22         (a)  A written list of the home inspector's

23  credentials.

24         (b)  A caveat in 10-point or larger boldfaced type that

25  states:  AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF

26  THE OVERALL CONDITION OF A BUILDING.  THE INSPECTION IS BASED

27  ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE

28  BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION.

29  THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE

30  ANY REPRESENTATION REGARDING LATENT OR CONCEALED DEFECTS THAT

31  MAY EXIST, AND NO WARRANTY OR GUARANTEE IS EXPRESSED OR


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                                          HB 4439, First Engrossed



  1  IMPLIED.  IF YOUR HOME INSPECTOR IS NOT A LICENSED STRUCTURAL

  2  ENGINEER OR OTHER PROFESSIONAL WHOSE LICENSE AUTHORIZES THE

  3  RENDERING OF AN OPINION AS TO THE STRUCTURAL INTEGRITY OF A

  4  BUILDING OR ITS OTHER COMPONENT PARTS, YOU MIGHT BE WELL

  5  ADVISED TO SEEK A PROFESSIONAL OPINION AS TO ANY DEFECTS OR

  6  CONCERNS MENTIONED IN THIS REPORT.

  7         (c)  A written disclosure to the client of any conflict

  8  of interest or relationship of the home inspector which may

  9  affect the client.

10         (d)  A written statement or agreement declaring the

11  home inspector's scope, limitations, terms, and conditions

12  regarding the home inspection.

13         (5)  REPORT.--A home inspector shall provide to the

14  client, within 3 working days after the date of the home

15  inspection or at any other time agreed upon by both parties, a

16  written report of the results of the home inspection.

17         (6)  PROHIBITIONS.--A home inspector is prohibited

18  from:

19         (a)  Accepting commissions or allowances from another

20  party dealing with a client of the inspector which relate to

21  the inspection.

22         (b)  Offering commissions or allowances to another

23  party dealing with a client of the inspector which relate to

24  the inspection.

25         (c)  Performing, or offering to perform, remedial work

26  on a property which the inspector has inspected in the

27  preceding 12 months.

28         (d)  Disclosing, without the client's consent, a home

29  inspection report to any person other than the client.

30         (7)  FAILURE TO COMPLY.--Failure to comply with this

31  section constitutes a deceptive and unfair trade practice.


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                                          HB 4439, First Engrossed



  1         Section 53.  Section 501.937, Florida Statutes, is

  2  created to read:

  3         501.937  Industrial hygienists and safety

  4  professionals; use of professional titles; failure to

  5  comply.--

  6         (1)  Any person representing himself or herself as a

  7  "safety professional" or "industrial hygienist" must

  8  accurately disclose his or her credentials.

  9         (2)  A person may not represent himself or herself as a

10  "certified safety professional," "associate safety

11  professional," "certified occupational health and safety

12  technologist," "industrial hygienist in training," or

13  "certified industrial hygienist" unless he or she holds a

14  current valid certificate in the field of safety or industrial

15  hygiene from either the American Board of Industrial Hygiene

16  or the Board of Certified Safety Professionals, or unless the

17  Department of Business and Professional Regulation has, upon

18  request, examined another certification program and has

19  formally concluded that the certification standards of that

20  certification program are substantially equivalent to the

21  standards for certificates issued by those organizations; nor

22  may the person mislead or deceive anyone by the unauthorized

23  use of any certification mark that has been awarded by the

24  United States Patent and Trademark Office.

25         (3)(a)  A "safety professional" is a person having a

26  baccalaureate degree in safety, engineering, chemistry,

27  physics, or a closely related physical or biological science

28  who has acquired competency in the field of safety. The

29  studies and training necessary to acquire such competency

30  should have been sufficient in all of the above cognate

31  sciences to provide the abilities to anticipate, identify, and


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                                          HB 4439, First Engrossed



  1  evaluate hazardous conditions and practices; to develop hazard

  2  control designs, methods, procedures, and programs; to

  3  implement, administer, and advise others on hazard controls

  4  and hazard control programs; and to measure, audit, and

  5  evaluate the effectiveness of hazard controls and hazard

  6  control programs.

  7         (b)  An "industrial hygienist" is a person having a

  8  baccalaureate degree in engineering, chemistry, physics, or a

  9  closely related physical or biological science who has

10  acquired competency in the field of industrial hygiene. The

11  studies and training necessary to acquire such competency

12  should have been sufficient in all of the above cognate

13  sciences to provide the abilities to anticipate and recognize

14  the environmental factors and stresses associated with work

15  and work operations and to understand their effects on people

16  and their well-being; to evaluate, on the basis of training

17  and experience and with the aid of quantitative measurement

18  techniques, the magnitude of these factors and stresses in

19  terms of ability to impair human health and well-being; and to

20  prescribe methods to eliminate, control, or reduce such

21  factors and stresses when necessary to alleviate their

22  effects.

23         (4)  Failure to comply with this section constitutes a

24  deceptive and unfair trade practice.

25         Section 54.  Effective upon this act becoming a law,

26  and applicable to all contracts, agreements, and

27  understandings entered into on or after the effective date of

28  this act, section 715.15, Florida Statutes, is created to

29  read:

30         715.15  Real property improvement contract

31  provisions.--Any provision of a contract for improving real


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                                          HB 4439, First Engrossed



  1  property which makes a contract subject to the laws of another

  2  state or requires that any litigation, arbitration, or other

  3  dispute resolution process arising out of the contract occur

  4  in another state is void and against public policy regardless

  5  of whether the property is owned by the state, a political

  6  subdivision of the state, or a private owner.

  7         Section 55.  Effective October 1, 1998, present

  8  subsections (7) through (25) of section 633.021, Florida

  9  Statutes, are redesignated as subsections (8) through (26),

10  respectively, and a new subsection (7) is added to that

11  section, to read:

12         633.021  Definitions.--As used in this chapter:

13         (7)  A "fire extinguisher" is a cylinder that:

14         (a)  Is portable and can be carried or is on wheels.

15         (b)  Is manually operated.

16         (c)  May use a variety of extinguishing agents that are

17  expelled under pressure.

18         (d)  Is rechargeable or nonrechargeable.

19         (e)  Is installed, serviced, repaired, recharged,

20  inspected, and hydrotested according to applicable procedures

21  of the manufacturer, standards of the National Fire Protection

22  Association, and the Code of Federal Regulations.

23         (f)  Is listed by a nationally recognized testing

24  laboratory.

25         Section 56.  Effective October 1, 1998, section

26  633.061, Florida Statutes, is amended to read:

27         633.061  License or permit required of organizations

28  and individuals servicing, recharging, repairing, testing,

29  marking, inspecting, or installing, or hydrotesting fire

30  extinguishers and preengineered systems.--

31


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                                          HB 4439, First Engrossed



  1         (1)  It is unlawful for any organization or individual

  2  to engage in the business of servicing, repairing, recharging,

  3  testing, marking, inspecting, or installing, or hydrotesting

  4  any fire extinguisher or preengineered system in this state

  5  except in conformity with the provisions of this chapter.

  6  Each organization or individual that which engages in such

  7  activity must possess a valid and subsisting license issued by

  8  the State Fire Marshal.  All fire extinguishers and

  9  preengineered systems required by statute or by rule must be

10  serviced by an organization or individual licensed under the

11  provisions of this chapter.  The licensee is legally qualified

12  to act for the business organization in all matters connected

13  with its business, and the licensee must supervise all

14  activities undertaken by such business organization. Each

15  licensee shall maintain a specific business location. A

16  further requirement, in the case of multiple locations where

17  such servicing or recharging is taking place, is that each

18  licensee who maintains more than one place of business where

19  actual work is carried on must possess an additional license,

20  as set forth in this section, for each location, except that a

21  no licensed individual may not qualify for more than five

22  locations.  A licensee is limited to a specific type of work

23  performed depending upon the class of license held. Licenses

24  and license fees are required for the following:

25         (a)  Class A.......................................$150

26  To service, recharge, repair, install, or inspect all types of

27  fire extinguishers, including recharging carbon dioxide units,

28  and to conduct hydrostatic tests on all types of fire

29  extinguishers, including carbon dioxide units.

30         (b)  Class B.......................................$100

31


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                                          HB 4439, First Engrossed



  1  To service, recharge, repair, install, or inspect all types of

  2  fire extinguishers, including recharging carbon dioxide units

  3  and conducting hydrostatic tests on all water, water chemical,

  4  and dry chemical types of fire extinguishers, except carbon

  5  dioxide units only.

  6         (c)  Class C.......................................$100

  7  To service, recharge, repair, install, or inspect all types of

  8  fire extinguishers, except recharging carbon dioxide units,

  9  and to conduct hydrostatic tests on all water, water chemical,

10  and dry chemical types of fire extinguishers, except carbon

11  dioxide units only.

12         (d)  Class D.......................................$125

13  To service, repair, recharge, hydrotest, install, or inspect

14  all types of preengineered fire extinguishing systems.

15         (e)  Licenses issued as duplicates or to reflect a

16  change of address..........................................$10

17

18  Any fire equipment dealer licensed pursuant to this subsection

19  who does not want to engage in the business of servicing,

20  inspecting, recharging, repairing, hydrotesting, or installing

21  halon equipment must file an affidavit on a form provided by

22  the division so stating. Licenses will be issued by the

23  division to reflect the work authorized thereunder. It is

24  unlawful, unlicensed activity for any person or firm to

25  falsely hold himself or herself or a business organization out

26  to perform any service, inspection, recharge, repair,

27  hydrotest, or installation except as specifically described in

28  the license.

29         (2)  Each individual actually performing the work of

30  servicing, recharging, repairing, hydrotesting, installing,

31  testing, or inspecting fire extinguishers or preengineered


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                                          HB 4439, First Engrossed



  1  systems must possess a valid and subsisting permit issued by

  2  the State Fire Marshal. Permittees are limited as to specific

  3  type of work performed dependent upon the class of permit held

  4  which shall be a class allowing work no more extensive than

  5  the class of license held by the licensee under whom the

  6  permittee is working.  Permits and fees therefor are required

  7  for the following:

  8         (a)  Class 1........................................$50

  9  Servicing, recharging, repairing, installing, or inspecting

10  all types of fire extinguishers, including carbon dioxide

11  units, and conducting hydrostatic tests on all types of fire

12  extinguishers, including carbon dioxide units.

13         (b)  Class 2........................................$50

14  Servicing, recharging, repairing, installing, or inspecting

15  all types of fire extinguishers, including carbon dioxide

16  units, and conducting hydrostatic tests on all water, water

17  chemical, and dry chemical types of fire extinguishers, except

18  carbon dioxide units only.

19         (c)  Class 3........................................$50

20  Servicing, recharging, repairing, installing, or inspecting

21  all types of fire extinguishers, except recharging carbon

22  dioxide units, and conducting hydrostatic tests on all water,

23  water chemical, and dry chemical types of fire extinguishers,

24  except carbon dioxide units only.

25         (d)  Class 4........................................$65

26  Servicing, repairing, hydrotesting, recharging, installing, or

27  inspecting all types of preengineered fire extinguishing

28  systems.

29         (e)  Permits issued as duplicates or to reflect a

30  change of address..........................................$10

31


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                                          HB 4439, First Engrossed



  1  Any fire equipment permittee licensed pursuant to this

  2  subsection who does not want to engage in servicing,

  3  inspecting, recharging, repairing, hydrotesting, or installing

  4  halon equipment must file an affidavit on a form provided by

  5  the division so stating. Permits will be issued by the

  6  division to reflect the work authorized thereunder. It is

  7  unlawful, unlicensed activity for any person or firm to

  8  falsely hold himself or herself out to perform any service,

  9  inspection, recharge, repair, hydrotest, or installation

10  except as specifically described in the permit.

11         (3)(a)  Such licenses and permits shall be issued by

12  the State Fire Marshal for each license year beginning January

13  1 and expiring the following December 31.  The failure to

14  renew a license or permit by December 31 will cause the

15  license or permit to become inoperative.  The holder of an

16  inoperative license or permit shall not engage in any

17  activities for which a license or permit is required by this

18  section.  A license or permit which is inoperative because of

19  the failure to renew it shall be restored upon payment of the

20  applicable fee plus a penalty equal to the applicable fee, if

21  the application for renewal is filed no later than the

22  following March 31.  If the application for restoration is not

23  made before the March 31st deadline, the fee for restoration

24  shall be equal to the original application fee and the penalty

25  provided for herein, and, in addition, the State Fire Marshal

26  shall require reexamination of the applicant.  Each licensee

27  or permittee shall successfully complete a course or courses

28  of continuing education for fire equipment technicians within

29  5 years of initial issuance of a license or permit and within

30  every 5-year period thereafter or no such license or permit

31


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                                          HB 4439, First Engrossed



  1  shall be renewed. The State Fire Marshal shall adopt rules

  2  describing the continuing education requirements.

  3         (b)  The forms of such licenses and permits and

  4  applications therefor shall be prescribed by the State Fire

  5  Marshal; in addition to such other information and data as

  6  that officer determines is appropriate and required for such

  7  forms, there shall be included in such forms the following

  8  matters. Each such application shall be in such form as to

  9  provide that the data and other information set forth therein

10  shall be sworn to by the applicant or, if a corporation, by an

11  officer thereof.  An application for a permit shall include

12  the name of the licensee employing such permittee, and the

13  permit issued in pursuance of such application shall also set

14  forth the name of such licensee. A permit is valid solely for

15  use by the holder thereof in his or her employment by the

16  licensee named in the permit.

17         (c)  A license of any class shall not be issued or

18  renewed by the State Fire Marshal and a license of any class

19  shall not remain operative unless:

20         1.  The applicant has submitted to the State Fire

21  Marshal evidence of registration as a Florida corporation or

22  evidence of compliance with s. 865.09.

23         2.  The State Fire Marshal or his or her designee has

24  by inspection determined that the applicant possesses the

25  equipment required for the class of license sought.  The State

26  Fire Marshal shall give an applicant a reasonable opportunity

27  to correct any deficiencies discovered by inspection. A fee of

28  $50, payable to the State Fire Marshal, shall be required for

29  any subsequent reinspection.

30         3.  The applicant has submitted to the State Fire

31  Marshal proof of insurance providing coverage for


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                                          HB 4439, First Engrossed



  1  comprehensive general liability for bodily injury and property

  2  damage, products liability, completed operations, and

  3  contractual liability.  The State Fire Marshal shall adopt

  4  rules providing for the amounts of such coverage, but such

  5  amounts shall not be less than $300,000 for Class A or Class D

  6  licenses, $200,000 for Class B licenses, and $100,000 for

  7  Class C licenses; and the total coverage for any class of

  8  license held in conjunction with a Class D license shall not

  9  be less than $300,000.  The State Fire Marshal may, at any

10  time after the issuance of a license or its renewal, require

11  upon demand, and in no event more than 30 days after notice of

12  such demand, the licensee to provide proof of insurance, on a

13  form provided by the State Fire Marshal, containing

14  confirmation of insurance coverage as required by this

15  chapter. Failure, for any length of time, to provide proof of

16  insurance coverage as required shall result in the immediate

17  suspension of the license until proof of proper insurance is

18  provided to the State Fire Marshal. An insurer which provides

19  such coverage shall notify the State Fire Marshal of any

20  change in coverage or of any termination, cancellation, or

21  nonrenewal of any coverage.

22         4.  The applicant successfully completes a prescribed

23  training course offered by the State Fire College or an

24  equivalent course approved by the State Fire Marshal.  This

25  subparagraph does not apply to any holder of or applicant for

26  a permit under paragraph (d) or to a business organization or

27  a governmental entity seeking initial licensure or renewal of

28  an existing license solely for the purpose of inspecting,

29  servicing, repairing, marking, recharging, and maintaining

30  fire extinguishers used and located on the premises of and

31  owned by such organization or entity.


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                                          HB 4439, First Engrossed



  1         5.  The applicant has a current retestor identification

  2  number that is appropriate for the license for which the

  3  applicant is applying and that is listed with the U.S.

  4  Department of Transportation.

  5         6.5.  The applicant has passed, with a grade of at

  6  least 70 percent, a written examination testing his or her

  7  knowledge of the rules and statutes regulating the activities

  8  authorized by the license and demonstrating his or her

  9  knowledge and ability to perform those tasks in a competent,

10  lawful, and safe manner.  Such examination shall be developed

11  and administered by the State Fire Marshal, or his or her

12  designee.  An applicant shall pay a nonrefundable examination

13  fee of $50 for each examination or reexamination scheduled.

14  No reexamination shall be scheduled sooner than 30 days after

15  any administration of an examination to an applicant.  No

16  applicant shall be permitted to take an examination for any

17  level of license more than a total of four times during 1

18  year, regardless of the number of applications submitted.  As

19  a prerequisite to taking the examination, the applicant:

20         a.  Must be at least 18 years of age.

21         b.  Must have 4 years of proven experience as a fire

22  equipment permittee at a level equal to or greater than the

23  level of license applied for or have a combination of

24  education and experience determined to be equivalent thereto

25  by the State Fire Marshal.  Having held a permit at the

26  appropriate level for the required period constitutes the

27  required experience.

28         c.  Must not have been convicted of, or pled nolo

29  contendere to, any felony. If an applicant has been convicted

30  of any such felony, the applicant must comply with s.

31  112.011(1)(b).


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                                          HB 4439, First Engrossed



  1

  2  This subparagraph does not apply to any holder of or applicant

  3  for a permit under paragraph (d) or to a business organization

  4  or a governmental entity seeking initial licensure or renewal

  5  of an existing license solely for the purpose of inspecting,

  6  servicing, repairing, marking, recharging, hydrotesting, and

  7  maintaining fire extinguishers used and located on the

  8  premises of and owned by such organization or entity.

  9         (d)6.  An applicant who fails the examination may take

10  it three more times during the 1-year period after he or she

11  originally filed an application for the examination. If the

12  applicant fails the examination within 1 year after the

13  application date and seeks to retake the examination, he or

14  she must file a new application, pay the application and

15  examination fees, and successfully complete a prescribed

16  training course approved by the State Fire College or an

17  equivalent course approved by the State Fire Marshal.  An

18  applicant may not submit a new application within 6 months

19  after the date of his or her last reexamination.

20         (e)  A fire equipment dealer licensed under this

21  section may apply to upgrade the license currently held, if

22  the licensed dealer:

23         1.  Submits an application for the license on a form in

24  conformance with paragraph (b). The application must be

25  accompanied by a fee as prescribed in subsection (1) for the

26  type of license requested.

27         2.  Provides evidence of 2 years' experience as a

28  licensed dealer and meets such relevant educational

29  requirements as are established by rule by the State Fire

30  Marshal for purposes of upgrading a license.

31         3.  Meets the requirements of paragraph (c).


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                                          HB 4439, First Engrossed



  1         (f)(d)  No permit of any class shall be issued or

  2  renewed to a person by the State Fire Marshal, and no permit

  3  of any class shall remain operative, unless the person has:

  4         1.  Submitted a nonrefundable examination fee in the

  5  amount of $50;

  6         2.  Successfully completed a training course offered by

  7  the State Fire College or an equivalent course approved by the

  8  State Fire Marshal; and

  9         3.  Passed, with a grade of at least 70 percent, a

10  written examination testing his or her knowledge of the rules

11  and statutes regulating the activities authorized by the

12  permit and demonstrating his or her knowledge and ability to

13  perform those tasks in a competent, lawful, and safe manner.

14  Such examination shall be developed and administered by the

15  State Fire Marshal.  An examination fee shall be paid for each

16  examination scheduled.  No reexamination shall be scheduled

17  sooner than 30 days after any administration of an examination

18  to an applicant.  No applicant shall be permitted to take an

19  examination for any level of permit more than four times

20  during 1 year, regardless of the number of applications

21  submitted.  As a prerequisite to taking the permit

22  examination, the applicant must be at least 16 years of age.

23         (g)(e)  An applicant who fails the examination may take

24  it three more times during the 1-year period after he or she

25  originally filed an application for the examination.  If the

26  applicant fails the examination within 1 year after the

27  application date and he or she seeks to retake the

28  examination, he or she must file a new application, pay the

29  application and examination fees, and successfully complete a

30  prescribed training course offered by the State Fire College

31  or an equivalent course approved by the State Fire Marshal.


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                                          HB 4439, First Engrossed



  1  The applicant may not submit a new application within 6 months

  2  after the date of his or her last reexamination.

  3         (4)(a)  It is unlawful for a fire equipment dealer to

  4  engage in training an individual to perform the work of

  5  installing, testing, recharging, repairing, or inspecting

  6  portable extinguishers or preengineered systems except in

  7  conformity with this section.  Each individual engaging in

  8  such training activity must be registered with the State Fire

  9  Marshal.  The dealer must register the trainee prior to the

10  trainee performing any work. The dealer must submit training

11  criteria to the State Fire Marshal for review and approval.

12         (b)  No trainee shall perform work requiring a permit

13  unless an individual possessing a valid and current fire

14  equipment permit for the type of work performed is physically

15  present.  The trainee's registration shall be valid for a

16  90-day period from the date of issuance and is nontransferable

17  and nonrenewable. The initial training period may be extended

18  for an additional 90 days of training if the applicant has

19  filed an application for permit and enrolled in the 40-hour

20  course at the State Fire College within 60 days after the date

21  of registration as a trainee and either the training course at

22  the State Fire College was unavailable to the applicant within

23  the initial training period, at no fault of the applicant, or

24  the applicant attends and fails the 40-hour training course or

25  the competency examination. At no time will an individual be

26  registered as a trainee for more than two 90-day periods as

27  provided in this paragraph. The trainee must:

28         1.  Be 18 years of age.

29         2.  Possess on his or her person at all times a valid

30  Florida driver's license or a valid state identification card,

31  issued by the Department of Highway Safety and Motor Vehicles.


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                                          HB 4439, First Engrossed



  1  A trainee must produce identification to the State Fire

  2  Marshal or his or her designated representative upon demand.

  3         3.  Pay a fee for registration of $10 per trainee for a

  4  90-day period.

  5         (c)  No more than two trainees shall be under the

  6  supervision of a single trainer, who shall be directly

  7  responsible for all work performed by any trainee while under

  8  his or her supervision.  No trainee shall perform any work not

  9  within the scope of the license or permit held by the fire

10  equipment dealer or permittee directly supervising his or her

11  work.

12         (d)  Upon completion of a training period, an

13  individual must comply with the provisions of this section to

14  obtain a permit.

15         (5)  The State Fire Marshal shall adopt rules providing

16  for the approval of the time, place, and curriculum of each

17  training course required by this section.

18         (6)  Every permittee must have a valid and subsisting

19  permit upon his or her person at all times while engaging in

20  the servicing, recharging, repairing, testing, inspecting, or

21  installing of fire extinguishers and preengineered systems,

22  and every licensee or permittee must be able to produce such

23  license or permit upon demand.  In addition, every permittee

24  shall at all times carry an identification card containing his

25  or her photograph and other identifying information as

26  prescribed by the State Fire Marshal or the State Fire

27  Marshal's designee, which shall be produced on demand.  The

28  State Fire Marshal shall supply this card at a fee which shall

29  be related to the cost of producing the card.

30         (7)  The fees collected for any such licenses and

31  permits and the filing fees for license and permit examination


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                                          HB 4439, First Engrossed



  1  are hereby appropriated for the use of the State Fire Marshal

  2  in the administration of this chapter and shall be deposited

  3  in the Insurance Commissioner's Regulatory Trust Fund.

  4         (8)  The provisions of this chapter do not apply to

  5  inspections by fire chiefs, fire inspectors, fire marshals, or

  6  insurance company inspectors.

  7         (9)  All fire extinguishers and preengineered systems

  8  that which are required by statute or by rule must be

  9  serviced, recharged, repaired, hydrotested, tested, inspected,

10  and installed in compliance with this chapter and with the

11  rules adopted by the State Fire Marshal.  The State Fire

12  Marshal may adopt by rule the standards of the National Fire

13  Protection Association and of other reputable national

14  organizations.

15         (10)  If the licensee leaves the business organization

16  or dies, the business organization shall immediately notify

17  the State Fire Marshal of the licensee's departure, shall

18  return the license to the State Fire Marshal, and shall have a

19  grace period of 60 days in which to license another person

20  under the provisions of this chapter, failing which the

21  business shall no longer perform those activities for which a

22  license under this section is required.

23         Section 57.  Effective October 1, 1998, paragraph (b)

24  of subsection (1) of section 633.065, Florida Statutes, is

25  amended to read:

26         633.065  Requirements for installation, inspection, and

27  maintenance of fire suppression equipment.--

28         (1)  The requirements for installation of fire

29  extinguishers and preengineered systems are as follows:

30         (b)  Equipment supplied shall be listed by a nationally

31  recognized testing laboratory, such as Underwriters


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                                          HB 4439, First Engrossed



  1  Laboratories, Inc., or Factory Mutual Laboratories, Inc.

  2  Equipment supplied for new installations or alterations of

  3  existing systems must be currently listed as described in this

  4  section. The State Fire Marshal shall adopt by rule procedures

  5  for determining whether a laboratory is nationally recognized,

  6  taking into account the laboratory's facilities, procedures,

  7  use of nationally recognized standards, and any other criteria

  8  reasonably calculated to reach an informed determination.

  9         Section 58.  Effective October 1, 1998, subsection (1)

10  of section 633.071, Florida Statutes, is amended to read:

11         633.071  Standard service tag required on all fire

12  extinguishers and preengineered systems; serial number

13  required on all portable fire extinguishers.--

14         (1)  The State Fire Marshal shall adopt by rule

15  specifications as to the size, shape, color, and information

16  and data contained thereon of service tags to be attached to

17  all fire extinguishers and preengineered systems required by

18  statute or by rule, whether they be portable, stationary, or

19  on wheels when they are placed in service, installed,

20  serviced, repaired, tested, recharged, or inspected. Fire

21  extinguishers may be tagged only after meeting all standards

22  as set forth by this chapter, the standards of the National

23  Fire Protection Association, and all manufacturer's

24  specifications requirements. Preengineered systems may be

25  tagged only after a system has been inspected, serviced,

26  installed, repaired, tested, and recharged, and hydrotested in

27  compliance with this chapter, the standards of the National

28  Fire Protection Association, and the manufacturer's

29  specifications, and after a report, as specified by rule, has

30  been completed in detail, indicating any and all deficiencies

31  or deviations from the manufacturer's specifications and the


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                                          HB 4439, First Engrossed



  1  standards requirements of the National Fire Protection

  2  Association. A copy of the inspection report shall be provided

  3  to the owner at the time of inspection, and, if a system is

  4  found to be in violation of this chapter, the manufacturer's

  5  specifications, or the standards of the National Fire

  6  Protection Association, a copy shall be forwarded to the state

  7  or local authority having jurisdiction within 30 days from the

  8  date of service. It shall be unlawful to place in service,

  9  service, test, repair, inspect, install, hydrotest, or

10  recharge any fire extinguisher or preengineered system without

11  attaching one of these tags completed in detail, including the

12  actual month work was performed, or to use a tag not meeting

13  the specifications set forth by the State Fire Marshal.

14         Section 59.  Effective October 1, 1998, section

15  633.162, Florida Statutes, is amended to read:

16         633.162  Disciplinary action; fire extinguisher or

17  preengineered systems; grounds for denial, nonrenewal,

18  suspension, or revocation of license or permit.--

19         (1)  The violation of any provision of this chapter or

20  any rule adopted and promulgated pursuant hereto or the

21  failure or refusal to comply with any notice or order to

22  correct a violation or any cease and desist order by any

23  person who possesses a license or permit issued pursuant to s.

24  633.061 is cause for denial, nonrenewal, revocation, or

25  suspension of such license or permit by the State Fire Marshal

26  after such officer has determined that the person is guilty of

27  such violation.  An order of suspension shall state the period

28  of time of such suspension, which period may not be in excess

29  of 2 years from the date of such order.  An order of

30  revocation may be entered for a period not exceeding 5 years.

31  Such orders shall effect suspension or revocation of all


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                                          HB 4439, First Engrossed



  1  licenses or permits then held by the person, and during such

  2  period of time no license or permit shall be issued to such

  3  person. During the suspension or revocation of any license or

  4  permit, the former licensee or permittee shall not engage in

  5  or attempt or profess to engage in any transaction or business

  6  for which a license or permit is required under this chapter

  7  or directly or indirectly own, control, or be employed in any

  8  manner by any firm, business, or corporation for which a

  9  license or permit under this chapter is required. If, during

10  the period between the beginning of proceedings and the entry

11  of an order of suspension or revocation by the State Fire

12  Marshal, a new license or permit has been issued to the person

13  so charged, the order of suspension or revocation shall

14  operate to suspend or revoke such new license or permit held

15  by such person.

16         (2)  The department shall not, so long as the

17  revocation or suspension remains in effect, grant any new

18  license or permit for the establishment of any new firm,

19  business, or corporation of any person or qualifier which has

20  or will have the same or similar management, ownership,

21  control, employees, permittees, or licensees which, or will

22  use a same or similar name as a previously revoked or

23  suspended firm, business, corporation, person, or qualifier.

24         (3)  The State Fire Marshal may deny, nonrenew,

25  suspend, or revoke the license or permit of:

26         (a)  Any person, firm, or corporation the license of

27  which under this chapter has been suspended or revoked;

28         (b)  Any firm or corporation if an officer, qualifier,

29  director, stockholder, owner, or person interested directly or

30  indirectly in the firm or corporation has had his or her

31  license or permit under this chapter suspended or revoked; or


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                                          HB 4439, First Engrossed



  1         (c)  Any person who is or has been an officer,

  2  qualifier, director, stockholder, or owner of a firm or

  3  corporation, or who was interested directly or indirectly in a

  4  firm or corporation, the license or permit of which has been

  5  suspended or revoked under this chapter.

  6         (4)(2)  In addition to the grounds set forth in

  7  subsection (1), it is cause for denial, nonrenewal,

  8  revocation, or suspension of a license or permit by the State

  9  Fire Marshal if she or he determines that the licensee or

10  permittee has:

11         (a)  Rendered inoperative a fire extinguisher or

12  preengineered system required by statute or by rule, except

13  during such time as the extinguisher or preengineered system

14  is being inspected, serviced, repaired, hydrotested, or

15  recharged, or except pursuant to court order.

16         (b)  Falsified any record required to be maintained by

17  this chapter or rules adopted pursuant hereto.

18         (c)  Improperly serviced, recharged, repaired,

19  hydrotested, tested, or inspected a fire extinguisher or

20  preengineered system.

21         (d)  While holding a permit or license, allowed another

22  person to use the permit number or license number, or used a

23  license number or permit number other than her or his valid

24  license number or permit number.

25         (e)  Failed to provide proof of insurance to the State

26  Fire Marshal or failed to maintain in force the insurance

27  coverage required by s. 633.061.

28         (f)  Failed to obtain, retain, or maintain one or more

29  of the qualifications for a license or permit as specified in

30  this chapter.

31


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                                          HB 4439, First Engrossed



  1         (g)  Made a material misstatement, misrepresentation,

  2  or committed a fraud in obtaining or attempting to obtain a

  3  license or permit.

  4         (h)  Failed to notify the State Fire Marshal, in

  5  writing, within 30 days after a change of residence, principal

  6  business address, or name.

  7         (3)  In addition, the Department of Insurance shall not

  8  issue a new license or permit if it finds that the

  9  circumstance or circumstances for which the license or permit

10  was previously revoked or suspended still exist or are likely

11  to recur.

12         Section 60.  Effective October 1, 1998, section

13  633.171, Florida Statutes, is amended to read:

14         633.171  Penalty for violation of law, rule, or order

15  to cease and desist or for failure to comply with corrective

16  order.--

17         (1)  The violation of any provision of this law, or any

18  order or rule of the State Fire Marshal or order to cease and

19  desist or to correct conditions issued hereunder, shall

20  constitute a misdemeanor of the second degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         (2)  It shall constitute a misdemeanor of the first

23  degree, punishable as provided in s. 775.082 or s. 775.083, to

24  intentionally or willfully:

25         (a)  Render a fire extinguisher or preengineered system

26  required by statute or by rule inoperative except during such

27  time as the said extinguisher or preengineered system is being

28  serviced, hydrotested, tested, repaired, or recharged, except

29  pursuant to court order.

30         (b)  Obliterate the serial number on a fire

31  extinguisher for purposes of falsifying service records.


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                                          HB 4439, First Engrossed



  1         (c)  Improperly service, recharge, repair, hydrotest,

  2  test, or inspect a fire extinguisher or preengineered system.

  3         (d)  Use the license or permit number of another

  4  person.

  5         (e)  Hold a permit and allow another person to use said

  6  permit number.

  7         (f)  Use, or permit the use of, any license by any

  8  individual or organization other than the one to whom the

  9  license is issued.

10         Section 61.  Effective October 1, 1998, present

11  subsections (4) and (5) of section 633.547, Florida Statutes,

12  are renumbered as subsections (6) and (7), respectively, and

13  new subsections (4) and (5) are added to that section, to

14  read:

15         633.547  Disciplinary action; fire protection system

16  contractors; grounds for denial, nonrenewal, suspension, or

17  revocation of certificate.--

18         (4)  During the suspension or revocation of the

19  certificate, the former certificateholder shall not engage in

20  or attempt to profess to engage in any transaction or business

21  for which a certificate is required under this chapter or

22  directly or indirectly own, control, or be employed in any

23  manner by any firm or corporation for which a certificate

24  under this chapter is required. The department shall not, so

25  long as the revocation or suspension remains in effect, grant

26  any new certificate for the establishment of any new firm,

27  business, or corporation of any person that has or will have

28  the same or similar management, ownership, control, or

29  employees or that will use a same or similar name as a

30  previously revoked or suspended firm, business, or

31  corporation.


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  1         (5)  The State Fire Marshal may deny, suspend, or

  2  revoke the certificate of:

  3         (a)  Any person, firm, or corporation the certificate

  4  of which under this chapter has been suspended or revoked.

  5         (b)  Any firm or corporation if an officer, director,

  6  stockholder, owner, or person interested directly or

  7  indirectly has had his or her certificate under this chapter

  8  suspended or revoked.

  9         (c)  Any person who is or has been an officer,

10  director, stockholder, or owner of a firm or corporation, or

11  who was interested directly or indirectly in a corporation,

12  the certificate of which has been suspended or revoked under

13  this chapter.

14         Section 62.  Effective October 1, 1998, paragraph (n)

15  of subsection (3) of section 489.105, Florida Statutes, is

16  amended to read:

17         489.105  Definitions.--As used in this part:

18         (3)  "Contractor" means the person who is qualified

19  for, and shall only be responsible for, the project contracted

20  for and means, except as exempted in this part, the person

21  who, for compensation, undertakes to, submits a bid to, or

22  does himself or herself or by others construct, repair, alter,

23  remodel, add to, demolish, subtract from, or improve any

24  building or structure, including related improvements to real

25  estate, for others or for resale to others; and whose job

26  scope is substantially similar to the job scope described in

27  one of the subsequent paragraphs of this subsection. For the

28  purposes of regulation under this part, "demolish" applies

29  only to demolition of steel tanks over 50 feet in height;

30  towers over 50 feet in height; other structures over 50 feet

31  in height, other than buildings or residences over three


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  1  stories tall; and buildings or residences over three stories

  2  tall. Contractors are subdivided into two divisions, Division

  3  I, consisting of those contractors defined in paragraphs

  4  (a)-(c), and Division II, consisting of those contractors

  5  defined in paragraphs (d)-(q):

  6         (n)  "Underground utility and excavation contractor"

  7  means a contractor whose services are limited to the

  8  construction, installation, and repair, on public or private

  9  property, of main sanitary sewer collection systems, main

10  water distribution systems, storm sewer collection systems,

11  and the continuation of utility lines from the main systems to

12  a point of termination up to and including the meter location

13  for the individual occupancy, sewer collection systems at

14  property line on residential or single-occupancy commercial

15  properties, or on multioccupancy properties at manhole or wye

16  lateral extended to an invert elevation as engineered to

17  accommodate future building sewers, water distribution

18  systems, or storm sewer collection systems at storm sewer

19  structures. However, an underground utility and excavation

20  contractor may install empty underground conduits in

21  rights-of-way, easements, platted rights-of-way in new site

22  development, and sleeves for parking lot crossings no smaller

23  than 2 inches in diameter, provided that each conduit system

24  installed is designed by a licensed professional engineer or

25  an authorized employee of a municipality, county, or public

26  utility and that the installation of any such conduit does not

27  include installation of any conductor wiring or connection to

28  an energized electrical system. An underground utility and

29  excavation contractor shall not install any piping that is an

30  integral part of a fire protection system as defined in s.

31


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  1  633.021 s. 633.021(7) beginning at the point where the piping

  2  is used exclusively for such system.

  3         Section 63.  Subsections (4) and (6) of section

  4  468.385, Florida Statutes, are amended to read:

  5         468.385  Licenses required; qualifications;

  6  examination; bond.--

  7         (4)  Any person seeking a license as an auctioneer

  8  shall pass a written examination approved by the board and

  9  certified prepared and administered by the department which

10  tests his or her general knowledge of the laws of this state

11  relating to the Uniform Commercial Code bulk sales, auctions,

12  laws of agency brokerage, and the provisions of this act.

13         (6)  No person shall be licensed as an auctioneer

14  unless he or she:

15         (a)  Has held an apprentice license and has served as

16  an apprentice for 1 year or more, or has completed a course of

17  study, consisting of not less than 80 classroom hours of

18  instruction, that meets standards adopted by the board;

19         (b)  Has passed the required an examination conducted

20  by the department; and

21         (c)  Is approved by the board.

22         Section 64.  Section 468.388, Florida Statutes, is

23  amended to read:

24         468.388  Conduct of an auction.--

25         (1)  Prior to conducting an auction in this state, an

26  auctioneer or auction business shall execute a written

27  agreement with the owner, or the agent of the owner, of any

28  property to be offered for sale, stating:

29         (a)  The name and address of the owner of the property;

30

31


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                                          HB 4439, First Engrossed



  1         (b)  The name and address of the person employing the

  2  auctioneer or auction business, if different from the owner;

  3  and

  4         (c)  The terms or conditions upon which the auctioneer

  5  or auction business will receive the property for sale and

  6  remit the sales proceeds to the owner.

  7         (2)  The auctioneer or auction business shall give the

  8  owner one copy of the agreement and shall keep one copy for 2

  9  years after the date of the auction.

10         (3)  A written agreement shall not be required if:

11         (a)  The auction is to be conducted at an auction house

12  or similar place where the public regularly offers property

13  for sale;

14         (b)  There has been no prior negotiation between the

15  owner or the owner's agent and the auctioneer or auction

16  business involving terms or conditions pertaining to the

17  property being offered for sale; and

18         (c)  The total estimated value of the property is $500

19  or less. If the actual sale price of the property exceeds

20  $550, the written agreement required by subsection (1) shall

21  be executed after the sale.

22         (3)(4)  Each auctioneer or auction business shall

23  maintain a record book of all sales for which a written

24  agreement is required. The record book shall be open to

25  inspection by the board at reasonable times.

26         (4)(5)  Each auctioneer or auction business shall

27  prominently display his or her license, or make it otherwise

28  available for inspection, at each auction in which he or she

29  participates.

30         (5)(6)  All advertising by an auctioneer or auction

31  business shall include the name and Florida license number of


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  1  such auctioneer and auction business. The term "advertising"

  2  shall not include articles of clothing, directional signs, or

  3  other promotional novelty items.

  4         Section 65.  Paragraph (c) of subsection (1) of section

  5  468.389, Florida Statutes, is amended to read:

  6         468.389  Prohibited acts; penalties.--

  7         (1)  The following acts shall be grounds for the

  8  disciplinary activities provided in subsections (2) and (3):

  9         (c)  Failure to account for or to pay or pay for,

10  within a reasonable time not to exceed 30 days, money or

11  property belonging to another which has come into the control

12  of an auctioneer or auction business through an auction.

13         Section 66.  For the purpose of incorporating the

14  amendment to section 468.389, Florida Statutes, in references

15  thereto, paragraph (b) of subsection (3) of section 468.385

16  and section 468.391, Florida Statutes, are reenacted to read:

17         468.385  Licenses required; qualifications;

18  examination; bond.--

19         (3)  No person shall be licensed as an auctioneer or

20  apprentice if he or she:

21         (b)  Has committed any act or offense in this state or

22  any other jurisdiction which would constitute a basis for

23  disciplinary action under s. 468.389.

24         468.391  Penalty.--Any auctioneer, apprentice, or

25  auction business or any owner or manager thereof, or, in the

26  case of corporate ownership, any substantial stockholder of

27  the corporation owning the auction business, who operates

28  without an active license or violates any provision of the

29  prohibited acts listed under s. 468.389 commits a felony of

30  the third degree, punishable as provided in s. 775.082 or s.

31  775.083.


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  1         Section 67.  Subsections (2) and (3) of section

  2  468.393, Florida Statutes, are amended to read:

  3         468.393  Surcharge to license fee; assessments.--

  4         (2)  If the total amount in the Auctioneer Recovery

  5  Fund, including principal and interest, exceeds $250,000

  6  $500,000 at the end of the state fiscal year after the payment

  7  of all claims and expenses, the amount in excess of $250,000

  8  $500,000 shall remain in the fund for benefit of the licensees

  9  in tolling the surcharge until such time as the surcharge

10  shall need replenishing.

11         (3)  After October 1, 1995, if the total amount in the

12  Auctioneer Recovery Fund, including principal and interest, is

13  less than $200,000 at the end of the fiscal year after the

14  payment of all claims and expenses, the board shall assess, in

15  addition to any other fees under s. 468.3852, a surcharge

16  against a licensee at the time of initial licensure or at the

17  time of license renewal, according to the following formula in

18  order to maintain the fund at $250,000 $500,000:

19         (a)  Determine the amount remaining in the fund at the

20  end of the state fiscal year after all expenses and claims

21  have been paid.

22         (b)  Subtract the amount determined under paragraph (a)

23  from $250,000 $500,000.

24         (c)  Determine the number of initial licenses and

25  license renewals in the fiscal year that precedes the current

26  fiscal year.

27         (d)  Divide the amount determined under paragraph (b)

28  by the number determined under paragraph (c).

29         Section 68.  For the purpose of incorporating the

30  amendment to section 468.393, Florida Statutes, in references

31


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                                          HB 4439, First Engrossed



  1  thereto, subsection (5) of section 468.392, Florida Statutes,

  2  is reenacted to read:

  3         468.392  Auctioneer Recovery Fund.--There is created

  4  the Auctioneer Recovery Fund as a separate account in the

  5  Professional Regulation Trust Fund. The fund shall be

  6  administered by the Florida Board of Auctioneers.

  7         (5)  Moneys in the fund at the end of a fiscal year

  8  shall be retained in the fund and shall accrue for the benefit

  9  of auctioneers and auction businesses. When the fund exceeds

10  the amount as set forth in s. 468.393(2), all surcharges shall

11  be suspended until such time as the fund is reduced below the

12  amount as set forth in s. 468.393(3).

13         Section 69.  Section 468.395, Florida Statutes, is

14  amended to read:

15         468.395  Conditions of recovery; eligibility.--

16         (1)  Recovery from the Auctioneer Recovery Fund may be

17  obtained under either of the following circumstances:

18         (a)  Any aggrieved person is eligible to receive

19  recovery from the Auctioneer Recovery Fund if the Florida

20  Board of Auctioneers has issued a final order directing an

21  offending licensee to pay restitution to the claimant as the

22  result of the licensee violating, within this state, any

23  provision of s. 468.389 or any rule adopted by the board and

24  the board determines that the order of restitution cannot be

25  enforced; or

26         (b)  Any aggrieved person who obtains a final judgment

27  in any court against any licensee to recover damages for an

28  actual cash loss resulting from the violation, within this

29  state, by failure to meet the obligations of a licensee, of

30  any provision of s. 468.389 or any rule under this part and

31  the rules adopted by the board, with or without findings by


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                                          HB 4439, First Engrossed



  1  the board, that results in an actual cash loss to the

  2  aggrieved person may, upon termination of all proceedings,

  3  including appeals and proceedings supplemental to judgment for

  4  collection purposes, file a verified application to the board

  5  in the court in which the judgment was entered for an order

  6  directing payment out of the Auctioneer Recovery Fund of the

  7  amount of actual and direct loss in the transaction that

  8  remains unpaid upon the judgment. Notwithstanding subsection

  9  (3), any application received by the court in which the

10  judgment was entered within 6 months of termination of all

11  proceedings, including appeals and proceedings supplemental to

12  judgment for collection purposes, shall be considered timely

13  filed. The amount of actual and direct loss may include court

14  costs, but shall not include attorney's fees or punitive

15  damages awarded.

16         (2)  The amount paid from the Auctioneer Recovery Fund

17  may not exceed $25,000 $50,000 per claim judgment or claims

18  judgments arising out of the same transaction or auction nor

19  and an aggregate lifetime limit of $50,000 $100,000 with

20  respect to any one licensee.

21         (2)  At the time the action is commenced, such person

22  shall give notice thereof to the board by certified mail,

23  except that, if no notice is given to the board, the claim may

24  still be honored if, in the opinion of the board, the claim is

25  otherwise valid.

26         (3)  A claim for recovery from the Auctioneer Recovery

27  Fund shall be made within 2 years from the time of the act

28  giving rise to the claim or within 2 years from the time the

29  act is discovered or should have been discovered with the

30  exercise of due diligence; however, in no event may a claim

31


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                                          HB 4439, First Engrossed



  1  for recovery be made more than 4 years after the date of the

  2  act giving rise to the claim.

  3         (4)  The board court shall not issue an order for

  4  payment of a claim from the Auctioneer Recovery Fund unless

  5  the claimant has reasonably established for the board court

  6  that she or he has taken proper and reasonable action to

  7  collect the amount of her or his claim from the licensee

  8  licensed auctioneer responsible for the loss and that any

  9  recovery made has been applied to reduce the amount of the

10  claim on the Auctioneer Recovery Fund.

11         (5)  Notwithstanding any other provision of this part,

12  no claim based on any act or omission occurring outside this

13  state or occurring prior to October 1, 1995, shall be payable

14  submitted for payment to or payment from the Auctioneer

15  Recovery Fund until after October 1, 1995.

16         (6)  In case of payment of loss from the Auctioneer

17  Recovery Fund, the fund shall be subrogated, to the extent of

18  the amount of the payment, to all the rights of the claimant

19  against any licensee with respect to the loss.

20         Section 70.  Section 468.396, Florida Statutes, is

21  amended to read:

22         468.396  Claims against a single licensee in excess of

23  dollar limitation; joinder of claims, payment; insufficient

24  funds.--

25         (1)  If the payment in full of two or more pending

26  valid claims that have been filed by aggrieved persons against

27  a single licensee would exceed the $25,000 $50,000 limit as

28  set forth in s. 468.395, the $25,000 $50,000 shall be

29  distributed among the aggrieved persons in the ratio that

30  their respective claims bear to the aggregate of all valid

31  claims or in any other manner that a court of record may


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                                          HB 4439, First Engrossed



  1  determine to be equitable. Such money shall be distributed

  2  among the persons entitled to share in it without regard to

  3  the order of priority in which their respective judgments have

  4  been obtained or their claims have been filed.

  5         (2)  Upon petition of the board, the court may require

  6  all claimants and prospective claimants against one licensee

  7  to be joined in one action, to the end that the respective

  8  rights of all the claimants to the board may be equitably

  9  adjudicated and settled.

10         (3)  On June 30 and December 31 of each year, The board

11  shall identify each claim that the court orders to be paid and

12  shall pay the claim as provided in s. 468.397 during the

13  6-month period that ended on that day. The board shall pay the

14  part of each claim that is so identified within 15 days after

15  the end of the 6-month period in which the claim is ordered

16  paid. However, if the balance in the fund is insufficient to

17  pay the full payable amount of each claim that is ordered to

18  be paid during a 6-month period, the board shall pay a

19  prorated portion of each claim that is ordered to be paid

20  during the period. Any part of the payable amount of a claim

21  left unpaid due to the prorating of payments under this

22  subsection shall be paid, subject to the $50,000 limit

23  described in s. 468.395, before the payment of claims ordered

24  to be paid during the following 6 months.

25         Section 71.  Section 468.397, Florida Statutes, is

26  amended to read:

27         468.397  Payment of claim.--Upon a final order of the

28  court directing that payment be made out of the Auctioneer

29  Recovery Fund, the board shall, subject to the provisions of

30  this part, make the payment out of to the Auctioneer Recovery

31  Fund as provided in s. 468.395.


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  1         Section 72.  Section 205.195, Florida Statutes, is

  2  created to read:

  3         205.195  Real Estate Agents; exemption.--No

  4  occupational license shall be required of any "real estate

  5  salesperson" when he is operating under a registered broker.

  6  However, such broker shall be required to obtain a local

  7  occupational license for his or her permanent location or

  8  branch office.

  9         Section 73.  Except as otherwise provided herein, this

10  act shall take effect July 1 of the year in which enacted.

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