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 Gutman 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.  Paragraph (c) of subsection (2) of section

18  468.609, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         468.609  Administration of this part; standards for

21  certification; additional categories of certification.--

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

23  for certification as an inspector or plans examiner pursuant

24  to this part if the person:

25         (c)  Meets eligibility requirements according to one of

26  the following criteria:

27         1.  Demonstrates 5 years' combined experience in the

28  field of construction or a related field, building inspection,

29  or plans review corresponding to the certification category

30  sought;

31         2.  Demonstrates a combination of postsecondary

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                                                  SENATE AMENDMENT

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

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

 3  total being experience in construction, building inspection,

 4  or plans review; or

 5         3.  Demonstrates a combination of technical education

 6  in the field of construction or a related field and experience

 7  which totals 4 years, with at least 1 year of such total being

 8  experience in construction, building inspection, or plans

 9  review; or

10         4.3.  Currently holds a standard certificate as issued

11  by the board and satisfactorily completes an inspector or

12  plans examiner training program of not less than 200 hours in

13  the certification category sought. The board shall establish

14  by rule criteria for the development and implementation of the

15  training programs.

16         Section 8.  Paragraph (h) is added to subsection (1) of

17  section 468.621, Florida Statutes, 1998 Supplement, to read:

18         468.621  Disciplinary proceedings.--

19         (1)  The following acts constitute grounds for which

20  the disciplinary actions in subsection (2) may be taken:

21         (h)  Issuing a building permit to a contractor, or any

22  person representing himself or herself as a contractor,

23  without obtaining the contractor's certificate or registration

24  number, where such a certificate or registration is required.

25         Section 9.  Paragraph (a) of subsection (4) of section

26  20.165, Florida Statutes, is amended to read:

27         20.165  Department of Business and Professional

28  Regulation.--There is created a Department of Business and

29  Professional Regulation.

30         (4)(a)  The following boards are established within the

31  Division of Professions:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1         1.  Board of Architecture and Interior Design, created

 2  under part I of chapter 481.

 3         2.  Florida Board of Auctioneers, created under part VI

 4  of chapter 468.

 5         3.  Barbers' Board, created under chapter 476.

 6         4.  Florida Building Code Administrators and Inspectors

 7  Board, created under part XII XIII of chapter 468.

 8         5.  Construction Industry Licensing Board, created

 9  under part I of chapter 489.

10         6.  Board of Cosmetology, created under chapter 477.

11         7.  Electrical Contractors' Licensing Board, created

12  under part II of chapter 489.

13         8.  Board of Employee Leasing Companies, created under

14  part XI of chapter 468.

15         9.  Board of Funeral Directors and Embalmers, created

16  under chapter 470.

17         10.  Board of Landscape Architecture, created under

18  part II of chapter 481.

19         11.  Board of Pilot Commissioners, created under

20  chapter 310.

21         12.  Board of Professional Engineers, created under

22  chapter 471.

23         13.  Board of Professional Geologists, created under

24  chapter 492.

25         14.  Board of Professional Surveyors and Mappers,

26  created under chapter 472.

27         15.  Board of Veterinary Medicine, created under

28  chapter 474.

29         Section 10.  Section 471.045, Florida Statutes, 1998

30  Supplement, is amended to read:

31         471.045  Professional engineers performing building

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                                                  SENATE AMENDMENT

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 1  code inspector duties.--Notwithstanding any other provision of

 2  law, a person who is currently licensed under this chapter to

 3  practice as a professional engineer may provide building

 4  inspection services described in s. 468.603(6) and (7) to a

 5  local government or state agency upon its request, without

 6  being certified by the Florida Board of Building Code

 7  Administrators and Inspectors Board under part XII XIII of

 8  chapter 468. When performing these building inspection

 9  services, the professional engineer is subject to the

10  disciplinary guidelines of this chapter and s.

11  468.621(1)(c)-(h)(c)-(g). Any complaint processing,

12  investigation, and discipline that arise out of a professional

13  engineer's performing building inspection services shall be

14  conducted by the Board of Professional Engineers rather than

15  the Florida Board of Building Code Administrators and

16  Inspectors Board. A professional engineer may not perform

17  plans review as an employee of a local government upon any job

18  that the professional engineer or the professional engineer's

19  company designed.

20         Section 11.  Section 481.222, Florida Statutes, 1998

21  Supplement, is amended to read:

22         481.222  Architects performing building code inspector

23  duties.--Notwithstanding any other provision of law, a person

24  who is currently licensed to practice as an architect under

25  this part may provide building inspection services described

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

27  upon its request, without being certified by the Florida Board

28  of Building Code Administrators and Inspectors Board under

29  part XII XIII of chapter 468. With respect to the performance

30  of such building inspection services, the architect is subject

31  to the disciplinary guidelines of this part and s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  468.621(1)(c)-(h)(c)-(g). Any complaint processing,

 2  investigation, and discipline that arise out of an architect's

 3  performance of building inspection services shall be conducted

 4  by the Board of Architecture and Interior Design rather than

 5  the Florida Board of Building Code Administrators and

 6  Inspectors Board. An architect may not perform plans review as

 7  an employee of a local government upon any job that the

 8  architect or the architect's company designed.

 9         Section 12.  Paragraph (e) of subsection (1) of section

10  489.109, Florida Statutes, is amended to read:

11         489.109  Fees.--

12         (1)  The board, by rule, shall establish reasonable

13  fees to be paid for applications, certification and renewal,

14  registration and renewal, and recordmaking and recordkeeping.

15  The fees shall be established as follows:

16         (e)  The board, by rule, shall impose a renewal fee for

17  an inactive status certificate or registration, not to exceed

18  the renewal fee for an active status certificate or

19  registration.  Neither the inactive certification fee nor the

20  inactive registration fee may exceed $50.  The board, by rule,

21  may provide for a different fee for inactive status where such

22  status is sought by a building code administrator, plans

23  examiner, or inspector certified pursuant to part XII XIII of

24  chapter 468 who is employed by a local government and is not

25  allowed by the terms of such employment to maintain a

26  certificate on active status issued pursuant to this part.

27         Section 13.  Subsection (3) of section 489.519, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         489.519  Inactive status.--

30         (3)  The board shall impose, by rule, continuing

31  education requirements for inactive certificateholders, when

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                                                  SENATE AMENDMENT

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 1  inactive status is sought by certificateholders who are also

 2  building code administrators, plans examiners, or inspectors

 3  certified pursuant to part XII XIII of chapter 468.

 4         Section 14.  Section 469.001, Florida Statutes, 1998

 5  Supplement, is amended to read:

 6         469.001  Definitions.--As used in this chapter:

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

 8  enclosure, or disposal of asbestos.

 9         (2)  "AHERA" means the Asbestos Hazard Emergency

10  Response Act of 1986, 15 U.S.C. s. 2601, and any rules adopted

11  thereunder.

12         (3)  "Asbestos" means the asbestiform varieties of

13  chrysotile, crocidolite, amosite, anthophyllite, tremolite,

14  and actinolite.

15         (4)  "Asbestos abatement worker" means a person who

16  works as an employee under the direction of a licensed

17  asbestos contractor, and includes any person directly engaged

18  in abatement activities.

19         (5)  "Asbestos consultant" means a person who offers

20  to, undertakes to, submits a bid to, or does, individually or

21  by employing others, conduct surveys for asbestos-containing

22  materials, develop operation and maintenance plans, monitor

23  and evaluate asbestos abatement, prepare asbestos abatement

24  specifications, or perform related tasks.

25         (6)  "Asbestos-containing material" means any material

26  which contains more than 1 percent asbestos as determined by

27  polarized light microscopy.

28         (7)  "Asbestos contractor" means the person who is

29  qualified and responsible for the contracted project and who

30  offers to, undertakes to, submits a bid to, or does,

31  individually or by employing others, remove, encapsulate, or

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                                                  SENATE AMENDMENT

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 1  enclose asbestos-containing materials or dispose of

 2  asbestos-containing waste in the course of activities

 3  including, but not limited to, construction, renovation,

 4  maintenance, or demolition.

 5         (8)  "Asbestos surveyor" means a person who works under

 6  the direction of a licensed asbestos consultant and engages in

 7  the survey and assessment of asbestos-containing materials.

 8  This term is synonymous with "inspector" under AHERA.

 9         (9)  "ASHARA" means the Asbestos School Hazard

10  Reauthorization Act.

11         (10)(9)  "Department" means the Department of Business

12  and Professional Regulation.

13         (11)(10)  "Encapsulation" means the application of any

14  coating to asbestos-containing material to prevent fiber

15  release.

16         (12)(11)  "Enclosure" means the construction of an

17  airtight barrier around asbestos-containing material to

18  prevent fiber release.

19         (13)(12)  "Friable" means the condition of any

20  asbestos-containing materials which, when dry, may be

21  crumbled, pulverized, or reduced to powder by hand pressure.

22         (14)(13)  "Management planner" means a person who works

23  under the direction of a licensed asbestos consultant and

24  engages in the development of asbestos abatement schedules or

25  operation and maintenance plans.

26         (15)(14)  "NESHAP" means the National Emission

27  Standards for Hazardous Air Pollutants, 40 C.F.R. part 61,

28  subpart M.

29         (16)(15)  "NIOSH" means the National Institute for

30  Occupational Safety and Health.

31         (17)(16)  "Onsite roofing supervisor" means a person

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                                                  SENATE AMENDMENT

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 1  who works under the direction of a roofing contractor

 2  certified pursuant to part I of chapter 489 and provides

 3  supervision of removal of asbestos-containing roofing

 4  materials at the project site at all times when such

 5  activities are being performed.

 6         (18)(17)  "Onsite supervisor" means a person who works

 7  under the direction of a licensed asbestos contractor and

 8  provides supervision of abatement activities at the abatement

 9  project site at all times when such activities are being

10  performed. This term is synonymous with "onsite

11  representative" in the NESHAP asbestos standard rules.

12         (19)(18)  "Operation and maintenance plan" means a set

13  of work practices and procedures undertaken to clean up

14  previously released asbestos fibers, prevent future release of

15  fibers by minimizing disturbance or damage to

16  asbestos-containing materials, or monitor the condition of the

17  asbestos-containing materials.

18         (20)(19)  "OSHA" means the Occupational Safety and

19  Health Administration.

20         (21)(20)  "Project designer" means a person who works

21  under the direction of a licensed asbestos consultant and

22  engages in the design of project specifications for asbestos

23  abatement projects.

24         (22)(21)  "Project monitor" means a person who monitors

25  asbestos abatement projects for compliance with project

26  specifications, applicable safety and health regulations, and

27  other contract requirements under the direction of a licensed

28  asbestos consultant.

29         (23)(22)  "Survey" means the process of inspecting a

30  facility for the presence of asbestos-containing materials to

31  determine the location and condition of asbestos-containing

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                                                  SENATE AMENDMENT

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 1  materials prior to transfer of property, renovation,

 2  demolition, or maintenance projects which may disturb

 3  asbestos-containing materials.

 4         (24)(23)  "Training-course provider" means an entity or

 5  any of its agents engaged in providing training courses

 6  required by this chapter.

 7         Section 15.  Paragraphs (a) and (e) of subsection (1)

 8  of section 469.002, Florida Statutes, 1998 Supplement, are

 9  amended to read:

10         469.002  Exemptions.--

11         (1)  This chapter does not apply to:

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

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

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

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

16  ASHARA AHERA for the activities described in this paragraph

17  and who is conducting abatement work solely for maintenance

18  purposes within the scope of the person's employment involving

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

20  less than 260 linear feet of asbestos-containing material on

21  pipe, so long as the employee is not available for hire or

22  does not otherwise engage in asbestos abatement, contracting,

23  or consulting.

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

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

26  subdivision who has completed all training required by NESHAP

27  and OSHA or by ASHARA AHERA for the activities described in

28  this paragraph, while engaged in asbestos-related activities

29  set forth in s. 255.5535 and asbestos-related activities

30  involving the demolition of a building owned by that

31  governmental unit, where such activities are within the scope

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

 2  or otherwise engage in asbestos abatement, contracting, or

 3  consulting.

 4         Section 16.  Subsection (3) is added to section

 5  469.004, Florida Statutes, 1998 Supplement, to read:

 6         469.004  License; asbestos consultant; asbestos

 7  contractor.--

 8         (3)  A license issued under this chapter must be

 9  renewed every 2 years. Before an asbestos contractor's license

10  may be renewed, the licensee must complete a 1-day course of

11  continuing education during each of the preceding 2 years.

12  Before an asbestos consultant's license may be renewed, the

13  licensee must complete a 2-day course of continuing education

14  during each of the preceding 2 years.

15         Section 17.  Subsection (2) of section 469.005, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         469.005  License requirements.--All applicants for

18  licensure as either asbestos consultants or asbestos

19  contractors shall:

20         (2)  When applying for licensure as an asbestos

21  consultant, successfully complete the following

22  department-approved courses:

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

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

25         (a)(b)  A building asbestos surveys and mechanical

26  systems course. Such course shall consist of not less than 3

27  days of instruction.

28         (b)(c)  An asbestos management planning course. Such

29  course shall consist of not less than 2 days of instruction.

30         (c)(d)  A respiratory protection course. Such course

31  shall consist of not less than 3 days of instruction.

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 1         (d)(e)  A project designer course. Such course shall

 2  consist of not less than 3 days of instruction.

 3         Section 18.  Subsection (6) of section 469.006, Florida

 4  Statutes, 1998 Supplement, is amended to read:

 5         469.006  Licensure of business organizations;

 6  qualifying agents.--

 7         (6)  Each qualifying agent shall pay the department an

 8  amount equal to the original fee for licensure of a new

 9  business organization. If the qualifying agent for a business

10  organization desires to qualify additional business

11  organizations, the department shall require the agent to

12  present evidence of supervisory ability and financial

13  responsibility of each such organization. Allowing a licensee

14  to qualify more than one business organization shall be

15  conditioned upon the licensee showing that the licensee has

16  both the capacity and intent to adequately supervise each

17  business organization. The department shall not limit the

18  number of business organizations which the licensee may

19  qualify except upon the licensee's failure to provide such

20  information as is required under this subsection or upon a

21  finding that such information or evidence as is supplied is

22  incomplete or unpersuasive in showing the licensee's capacity

23  and intent to comply with the requirements of this subsection.

24  A qualification for an additional business organization may be

25  revoked or suspended upon a finding by the department that the

26  licensee has failed in the licensee's responsibility to

27  adequately supervise the operations of the business

28  organization. Failure to adequately supervise the operations

29  of a business organization shall be grounds for denial to

30  qualify additional business organizations. The issuance of

31  such additional licensure is discretionary with the

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 1  department.

 2         Section 19.  Section 469.011, Florida Statutes, is

 3  amended to read:

 4         469.011  Authority to make rules.--The department shall

 5  adopt such rules pursuant to ss. 120.536(1) and 120.54, not

 6  inconsistent with law, as may be necessary to implement the

 7  provisions of this chapter. In developing the rules, the

 8  department shall consider related Florida Statutes and the

 9  rules promulgated thereunder, the criteria established in the

10  Environmental Protection Agency Guidelines, and AHERA, ASHARA,

11  NESHAP, and OSHA regulations.

12         Section 20.  Subsections (1), (2), and (4) of section

13  469.012, Florida Statutes, are amended to read:

14         469.012  Course requirements for onsite supervisors and

15  asbestos abatement workers.--

16         (1)  Each asbestos contractor's onsite supervisor must

17  complete an asbestos contractor/supervisor project management

18  and supervision course of not less than 5 4 days prior to

19  engaging in onsite supervision. Such training shall cover the

20  nature of the health risks, the medical effects of exposure,

21  federal and state asbestos laws and regulations, worker

22  protection, and work area protection. Each onsite supervisor

23  must also complete a continuing education course of not less

24  than 1 day in length each year.

25         (2)  All asbestos abatement workers, including onsite

26  supervisors, must complete a department-approved course of not

27  less than 4 3 days in abatement prior to removing,

28  encapsulating, enclosing, or disposing of asbestos-containing

29  materials.

30         (4)  All asbestos abatement workers, including onsite

31  supervisors, must complete, as a condition of renewal of

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 1  accreditation licensure, such courses of continuing education

 2  each year as are approved and required by the department.

 3         Section 21.  Section 469.013, Florida Statutes, 1998

 4  Supplement, is amended to read:

 5         469.013  Course requirements for asbestos surveyors,

 6  management planners, and project monitors, and project

 7  designers.--

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

 9  project monitors must comply with the requirements set forth

10  in this section prior to commencing such activities and must

11  also complete the continuing education necessary to maintain

12  accreditation certification each year.

13         (a)  Management planners must complete all requirements

14  of s. 469.005(2)(b)(c) and (d) (e).

15         (b)  Asbestos surveyors must complete all requirements

16  of s. 469.005(2)(a)(b).

17         (c)  Project monitors must complete all requirements of

18  s. 469.005(3)(2)(a) and must also complete an asbestos

19  sampling course which is equivalent to NIOSH Course 582.

20         (d)  Project designers must complete all requirements

21  of s. 469.005(2)(d).

22         (2)  Each asbestos consultant shall be responsible for

23  securing and retaining all records in order to verify that all

24  surveyors, planners, and monitors, and designers working under

25  that consultant's direction have completed all required

26  courses. Such records shall be produced upon the department's

27  request.

28         Section 22.  Section 489.13, Florida Statutes, is

29  created to read:

30         489.13  Unlicensed contracting; authority to issue or

31  receive a building permit.--

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                                                  SENATE AMENDMENT

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 1         (1)  Any person performing an activity requiring

 2  licensure under this part as a construction contractor is

 3  guilty of unlicensed contracting if he or she does not hold a

 4  valid active certificate or registration authorizing him or

 5  her to perform such activity, regardless of whether he or she

 6  holds a local construction contractor license or local

 7  certificate of competency. Persons working outside the

 8  geographical scope of their registration are guilty of

 9  unlicensed activity for purposes of this part.

10         (2)  A local building department shall not issue a

11  building permit to any contractor, or to any person

12  representing himself or herself as a contractor, who does not

13  hold a valid active certificate or registration in the

14  appropriate category. Possession of a local certificate of

15  competency or local construction license is not sufficient to

16  lawfully obtain a building permit as a construction contractor

17  if the activity in question requires licensure under this

18  part. Nothing in this section shall be construed as

19  prohibiting a local building department from issuing a

20  building permit to a locally licensed or certified contractor

21  for an activity that does not require licensure under this

22  part.

23         Section 23.  Subsection (14) of section 489.503,

24  Florida Statutes, 1998 Supplement, is amended to read:

25         489.503 Exemptions.--This part does not apply to:

26         (Substantial rewording of subsection.  See s.

27         489.503(14), F.S., 1998 Supp., for present text.)

28         (14)(a)  The installation of, repair of, alteration of,

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

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

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

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 1  transmitting data, voice communications, or commands as part

 2  of a cable television, community antenna television, or radio

 3  distribution system. The scope of this exemption is limited to

 4  electrical circuits and equipment governed by the applicable

 5  provisions of Articles 725 (Classes 2 and 3 circuits only),

 6  770, 800, 810, and 820 of the National Electrical Code,

 7  current edition, or 47 C.F.R. part 68.

 8         (b)  The installation of, repair of, alteration of,

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

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

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

12  transmitting data, voice communications, or commands as part

13  of a system of telecommunications, including computers,

14  telephone customer premises equipment, or premises wiring. The

15  scope of this exemption is limited to electrical circuits and

16  equipment governed by the applicable provisions of Articles

17  725 (Classes 2 and 3 circuits only), 770, 800, 810, and 820 of

18  the National Electrical Code, current edition, or 47 C.F.R.

19  part 68. The exemption in this paragraph shall apply only if

20  such work is requested by the company's customer, is required

21  in order to complete phone service, is incidental to provision

22  of telecommunication service as required by chapter 364, and

23  is not actively competitive in nature or the subject of a

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

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

26  subcontractors. A company certified under chapter 364 is not

27  subject to any local ordinance that requires a permit for work

28  performed by its employees related to low voltage electrical

29  work, including related technical codes and regulations.

30         Section 24.  Paragraph (c) is added to subsection (2)

31  of section 489.511, Florida Statutes, 1998 Supplement,

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 1  subsection (5) of that section is amended, and subsection (7)

 2  is added to that section, to read:

 3         489.511  Certification; application; examinations;

 4  endorsement.--

 5         (2)

 6         (c)  For purposes of this subsection, at least 40

 7  percent of the work experience for an alarm system contractor

 8  I must be in the types of fire alarm systems typically used in

 9  a commercial setting.

10         (5)(a)  The board shall, by rule, designate those types

11  of specialty electrical or alarm system contractors who may be

12  certified under this part. The limit of the scope of work and

13  responsibility of a certified specialty contractor shall be

14  established by the board by rule. However, A certified

15  specialty contractor category exists as an optional a

16  voluntary statewide licensing category. Qualification for

17  certification in a specialty category created by rule shall be

18  the same as set forth in paragraph (2)(a). The existence of a

19  specialty category created by rule does not itself create any

20  licensing requirement; however, neither does its optional

21  nature remove any licensure requirement established elsewhere

22  in this part and does not create a mandatory licensing

23  requirement. Any mandatory statewide electrical or alarm

24  system contracting licensure requirement may only be

25  established through specific statutory provision.

26         (b)  For those specialty electrical or alarm system

27  contractors applying for certification under this part who

28  work in jurisdictions that do not require local licensure for

29  those activities for which the applicant desires to be

30  certified, the experience requirement may be met by

31  demonstrating at least 6 years of comprehensive training,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  technical education, or supervisory experience, within the 12

 2  years immediately preceding the filing of the application, in

 3  the type of specialty electrical or alarm system filing of the

 4  application, in the type of specialty electrical or alarm

 5  system work for which certification is desired. An affidavit

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

 7  performed the work required under this paragraph shall be

 8  sufficient to demonstrate to the board that the applicant has

 9  met the experience requirement.

10         (7)  Upon the issuance of a certificate, any previously

11  issued registered licenses for the classification in which the

12  certification is issued are rendered void.

13         Section 25.  Subsection (3) of section 489.513, Florida

14  Statutes, 1998 Supplement, is amended, and subsection (7) of

15  that section is repealed, to read:

16         489.513  Registration; application; requirements.--

17         (3)  To be registered as an electrical contractor, an

18  alarm system contractor I, an alarm system contractor II, or a

19  residential alarm system contractor, the applicant shall file

20  evidence of holding a current certificate of competency

21  occupational license or a current license issued by any

22  municipality or county of the state for the type of work for

23  which registration is desired, on a form provided by the

24  department, if such a license is required by that municipality

25  or county, together with evidence of having passed an

26  appropriate local examination, written or oral, designed to

27  test skills and knowledge relevant to the technical

28  performance of the profession, accompanied by the registration

29  fee fixed pursuant to this part. For any person working or

30  wishing to work in any local jurisdiction that which does not

31  issue a local license as an electrical or alarm system

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1  contractor or does not require an examination for its license,

 2  the applicant may apply and shall be considered qualified to

 3  be issued a registration in the appropriate electrical or

 4  alarm system category, provided that he or she shows that he

 5  or she has scored at least 75 percent on an examination which

 6  is substantially equivalent to the examination approved by the

 7  board for certification in the category and that he or she has

 8  had at least 3 years' technical experience in the trade. The

 9  requirement to take and pass an examination in order to obtain

10  a registration shall not apply to persons making application

11  prior to the effective date of this act.

12         (7)  Neither the board nor the department assumes any

13  responsibility for providing discipline pursuant to having

14  provided the tracking registration.  Providing discipline to

15  such locally licensed individuals shall be the responsibility

16  of the local jurisdiction.  Failure to obtain a tracking

17  registration shall not be considered a violation of this

18  chapter.  However, a local jurisdiction requiring such

19  tracking registration may levy such penalties for failure to

20  obtain the tracking registration as the local jurisdiction

21  chooses to provide through local ordinance.

22         Section 26.  Subsection (10) is added to section

23  489.537, Florida Statutes, 1998 Supplement, to read:

24         489.537  Application of this part.--

25         (10)  A registered electrical contractor, an alarm

26  system contractor II certificateholder, and a registered alarm

27  system contractor II shall be allowed to install residential

28  smoke detectors or residential heat detectors.

29

30  (Redesignate subsequent sections.)

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





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

 2  And the title is amended as follows:

 3         On page 1, line 20, after the semicolon,

 4

 5  insert:

 6         amending s. 468.609, F.S.; revising eligibility

 7         requirements for certification as a building

 8         inspector or plans examiner; amending s.

 9         468.621, F.S.; providing a ground for

10         disciplinary action relating to the issuance of

11         a building permit without obtaining a

12         contractor certificate or registration number,

13         where such a certificate or registration is

14         required; providing penalties; amending ss.

15         20.165, 471.045, 481.222, 489.109, and 489.519,

16         F.S.; correcting references, to conform;

17         amending s. 469.001, F.S.; defining the term

18         "ASHARA"; revising terminology in a reference;

19         amending s. 469.002, F.S.; revising references

20         relating to training required of certain

21         persons exempt from regulation under ch. 469,

22         F.S., relating to asbestos abatement; amending

23         s. 469.004, F.S.; providing for biennial

24         renewal of licenses of asbestos consultants and

25         asbestos contractors and providing continuing

26         education requirements therefor; amending s.

27         469.005, F.S.; eliminating a course requirement

28         for licensure as an asbestos consultant;

29         amending s. 469.006, F.S.; revising

30         requirements to qualify additional business

31         organizations for licensure; amending s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1         469.011, F.S.; providing rulemaking authority

 2         for implementation of the chapter; requiring

 3         consideration of certain federal regulations in

 4         developing such rules; amending s. 469.012,

 5         F.S.; revising course requirements for onsite

 6         supervisors and asbestos abatement workers;

 7         correcting terminology; amending s. 469.013,

 8         F.S.; revising course requirements for asbestos

 9         surveyors, management planners, and project

10         monitors, and providing course requirements for

11         project designers; correcting terminology;

12         creating s. 489.13, F.S.; prohibiting any

13         person from performing any activity requiring

14         licensure as a construction contractor under

15         pt. I, ch. 489, F.S., unless the person holds a

16         valid active certificate or registration to

17         perform such activity issued under such part;

18         providing penalties; prohibiting any local

19         building department from issuing a building

20         permit to any person who does not hold an

21         active valid certificate or registration in the

22         applicable construction category issued under

23         such part; amending s. 489.503, F.S.;

24         clarifying an existing utilities exemption from

25         regulation under pt. II, ch. 489, F.S.,

26         relating to electrical and alarm system

27         contracting; amending s. 489.511, F.S.;

28         requiring certain work experience for an alarm

29         system contractor I to be in certain types of

30         fire alarm systems; revising provisions

31         relating to designation and certification of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2268

    Amendment No.    





 1         specialty contractors; providing for the

 2         voiding of previously issued registered

 3         licenses upon issuance of certification in the

 4         same classification; amending s. 489.513, F.S.,

 5         and repealing subsection (7), relating to

 6         tracking registration and discipline related

 7         thereto; revising requirements for registration

 8         as an electrical contractor, alarm system

 9         contractor I or II, or registered alarm system

10         contractor; amending s. 489.537, F.S.;

11         authorizing certain persons to install

12         residential smoke or heat detectors;

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