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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Clary moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 6, between lines 18 and 19,

15

16  insert:

17         Section 7.  Subsection (1) of section 489.129, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         489.129  Disciplinary proceedings.--

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

21  against any certificateholder or registrant:  place on

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

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

24  certificate of authority, require financial restitution to a

25  consumer for financial harm directly related to a violation of

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

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

28  assess costs associated with investigation and prosecution, if

29  the contractor, financially responsible officer, or business

30  organization for which the contractor is a primary qualifying

31  agent, a financially responsible officer, or a secondary

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  qualifying agent responsible under s. 489.1195 is found guilty

 2  of any of the following acts:

 3         (a)  Obtaining a certificate, registration, or

 4  certificate of authority by fraud or misrepresentation.

 5         (b)  Being convicted or found guilty of, or entering a

 6  plea of nolo contendere to, regardless of adjudication, a

 7  crime in any jurisdiction which directly relates to the

 8  practice of contracting or the ability to practice

 9  contracting.

10         (c)  Violating any provision of part I of chapter 455.

11         (d)  Performing any act which assists a person or

12  entity in engaging in the prohibited uncertified and

13  unregistered practice of contracting, if the certificateholder

14  or registrant knows or has reasonable grounds to know that the

15  person or entity was uncertified and unregistered.

16         (e)  Knowingly combining or conspiring with an

17  uncertified or unregistered person by allowing his or her

18  certificate, registration, or certificate of authority to be

19  used by the uncertified or unregistered person with intent to

20  evade the provisions of this part.  When a certificateholder

21  or registrant allows his or her certificate or registration to

22  be used by one or more business organizations without having

23  any active participation in the operations, management, or

24  control of such business organizations, such act constitutes

25  prima facie evidence of an intent to evade the provisions of

26  this part.

27         (f)  Acting in the capacity of a contractor under any

28  certificate or registration issued hereunder except in the

29  name of the certificateholder or registrant as set forth on

30  the issued certificate or registration, or in accordance with

31  the personnel of the certificateholder or registrant as set

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  forth in the application for the certificate or registration,

 2  or as later changed as provided in this part.

 3         (g)  Committing mismanagement or misconduct in the

 4  practice of contracting that causes financial harm to a

 5  customer.  Financial mismanagement or misconduct occurs when:

 6         1.  Valid liens have been recorded against the property

 7  of a contractor's customer for supplies or services ordered by

 8  the contractor for the customer's job; the contractor has

 9  received funds from the customer to pay for the supplies or

10  services; and the contractor has not had the liens removed

11  from the property, by payment or by bond, within 75 days after

12  the date of such liens;

13         2.  The contractor has abandoned a customer's job and

14  the percentage of completion is less than the percentage of

15  the total contract price paid to the contractor as of the time

16  of abandonment, unless the contractor is entitled to retain

17  such funds under the terms of the contract or refunds the

18  excess funds within 30 days after the date the job is

19  abandoned; or

20         3.  The contractor's job has been completed, and it is

21  shown that the customer has had to pay more for the contracted

22  job than the original contract price, as adjusted for

23  subsequent change orders, unless such increase in cost was the

24  result of circumstances beyond the control of the contractor,

25  was the result of circumstances caused by the customer, or was

26  otherwise permitted by the terms of the contract between the

27  contractor and the customer.

28         (h)  Being disciplined by any municipality or county

29  for an act or violation of this part.

30         (i)  Failing in any material respect to comply with the

31  provisions of this part or violating a rule or lawful order of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  the board.

 2         (j)  Abandoning a construction project in which the

 3  contractor is engaged or under contract as a contractor.  A

 4  project may be presumed abandoned after 90 days if the

 5  contractor terminates the project without just cause or

 6  without proper notification to the owner, including the reason

 7  for termination, or fails to perform work without just cause

 8  for 90 consecutive days.

 9         (k)  Signing a statement with respect to a project or

10  contract falsely indicating that the work is bonded; falsely

11  indicating that payment has been made for all subcontracted

12  work, labor, and materials which results in a financial loss

13  to the owner, purchaser, or contractor; or falsely indicating

14  that workers' compensation and public liability insurance are

15  provided.

16         (l)  Committing fraud or deceit in the practice of

17  contracting.

18         (m)  Committing incompetency or misconduct in the

19  practice of contracting.

20         (n)  Committing gross negligence, repeated negligence,

21  or negligence resulting in a significant danger to life or

22  property.

23         (o)  Proceeding on any job without obtaining applicable

24  local building department permits and inspections.

25         (p)  Intimidating, threatening, coercing, or otherwise

26  discouraging the service of a notice to owner under part I of

27  chapter 713 or a notice to contractor under chapter 255 or

28  part I of chapter 713.

29         (q)  Failing to satisfy within a reasonable time, the

30  terms of a civil judgment obtained against the licensee, or

31  the business organization qualified by the licensee, relating

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  to the practice of the licensee's profession.

 2

 3  For the purposes of this subsection, construction is

 4  considered to be commenced when the contract is executed and

 5  the contractor has accepted funds from the customer or lender.

 6  A contractor does not commit a violation of this subsection

 7  when the contractor relies on a building code interpretation

 8  rendered by a building official or person authorized by s.

 9  553.80 to enforce the building code, absent a finding of fraud

10  or deceit in the practice of contracting, or gross negligence,

11  repeated negligence, or negligence resulting in a significant

12  danger to life or property on the part of the building

13  official, in a proceeding under chapter 120.

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15  (Redesignate subsequent sections.)

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17

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

19  And the title is amended as follows:

20         On page 1, line 20, after the semicolon

21

22  insert:

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

24         legal protection to a contractor relying on a

25         building code interpretation rendered by

26         certain officials;

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