Senate Bill 2268er

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  1

  2         An act relating to contracting; amending ss.

  3         489.117 and 489.513, F.S.; requiring the

  4         Construction Industry Licensing Board and the

  5         Electrical Contractors' Licensing Board to

  6         establish the job scope for any licensure

  7         category registered by the respective board,

  8         for purposes of local uniformity; creating ss.

  9         489.118 and 489.514, F.S.; providing

10         requirements for certification of registered

11         contractors for grandfathering purposes;

12         requiring a study to determine the fiscal

13         impact on local governments of a single-tier

14         regulatory system for construction and

15         electrical and alarm system contractors;

16         requiring a report; amending s. 205.065, F.S.;

17         providing for recovery of attorney's fees for a

18         prevailing party in any action brought by a

19         contractor challenging an unlawful occupational

20         license levy; amending s. 468.609, F.S.;

21         revising eligibility requirements for

22         certification as a building inspector or plans

23         examiner; amending s. 468.621, F.S.; providing

24         a ground for disciplinary action relating to

25         the issuance of a building permit without

26         obtaining a contractor certificate or

27         registration number, where such a certificate

28         or registration is required; providing

29         penalties; amending ss. 20.165, 471.045,

30         481.222, 489.109, and 489.519, F.S.; correcting

31         references, to conform; amending s. 469.001,


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  1         F.S.; defining the term "ASHARA"; revising

  2         terminology in a reference; amending s.

  3         469.002, F.S.; revising references relating to

  4         training required of certain persons exempt

  5         from regulation under ch. 469, F.S., relating

  6         to asbestos abatement; amending s. 469.004,

  7         F.S.; providing for biennial renewal of

  8         licenses of asbestos consultants and asbestos

  9         contractors and providing continuing education

10         requirements therefor; amending s. 469.005,

11         F.S.; eliminating a course requirement for

12         licensure as an asbestos consultant; amending

13         s. 469.006, F.S.; revising requirements to

14         qualify additional business organizations for

15         licensure; amending s. 469.011, F.S.; providing

16         rulemaking authority for implementation of the

17         chapter; requiring consideration of certain

18         federal regulations in developing such rules;

19         amending s. 469.012, F.S.; revising course

20         requirements for onsite supervisors and

21         asbestos abatement workers; correcting

22         terminology; amending s. 469.013, F.S.;

23         revising course requirements for asbestos

24         surveyors, management planners, and project

25         monitors, and providing course requirements for

26         project designers; correcting terminology;

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

28         person from performing any activity requiring

29         licensure as a construction contractor under

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

31         valid active certificate or registration to


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  1         perform such activity issued under such part;

  2         providing penalties; prohibiting any local

  3         building department from issuing a building

  4         permit to any person who does not hold an

  5         active valid certificate or registration in the

  6         applicable construction category issued under

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

  8         clarifying an existing utilities exemption from

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

10         relating to electrical and alarm system

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

12         requiring certain work experience for an alarm

13         system contractor I to be in certain types of

14         fire alarm systems; revising provisions

15         relating to designation and certification of

16         specialty contractors; providing for the

17         voiding of previously issued registered

18         licenses upon issuance of certification in the

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

20         and repealing subsection (7), relating to

21         tracking registration and discipline related

22         thereto; revising requirements for registration

23         as an electrical contractor, alarm system

24         contractor I or II, or registered alarm system

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

26         authorizing certain persons to install

27         residential smoke or heat detectors; amending

28         s. 489.129, F.S.; providing certain legal

29         protection to a contractor relying on a

30         building code interpretation rendered by

31         certain officials; amending s. 633.061, F.S.;


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  1         providing for biennial licensure of persons

  2         servicing, recharging, repairing, testing,

  3         marking, inspecting, or installing fire

  4         extinguishers and systems; providing license

  5         and permit fees; providing for prorated license

  6         fee; providing for continuing education;

  7         providing effective dates.

  8

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

10

11         Section 1.  Subsection (5) is added to section 489.117,

12  Florida Statutes, 1998 Supplement, to read:

13         489.117  Registration; specialty contractors.--

14         (5)  In order to establish uniformity among the job

15  scopes established by local jurisdictions, the board shall, by

16  rule, establish the job scope for any licensure category

17  registered by the board under this part. The board shall not

18  arbitrarily limit such scopes and shall restrict the job

19  scopes only to the minimum extent necessary to ensure

20  uniformity.

21         Section 2.  Subsection (8) is added to section 489.513,

22  Florida Statutes, 1998 Supplement, to read:

23         489.513  Registration; application; requirements.--

24         (8)  In order to establish uniformity among the job

25  scopes established by local jurisdictions, the board shall, by

26  rule, establish the job scope for any licensure category

27  registered by the board under this part. The board shall not

28  arbitrarily limit such scopes and shall restrict the job

29  scopes only to the minimum extent necessary to ensure

30  uniformity.

31


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  1         Section 3.  Section 489.118, Florida Statutes, is

  2  created to read:

  3         489.118  Certification of registered contractors;

  4  grandfathering provisions.--The board shall, upon receipt of a

  5  completed application and appropriate fee, issue a certificate

  6  in the appropriate category to any contractor registered under

  7  this part who makes application to the board and can show that

  8  he or she meets each of the following requirements:

  9         (1)  Currently holds a valid registered local license

10  in one of the contractor categories defined in s.

11  489.105(3)(a)-(p).

12         (2)  Has, for that category, passed a written

13  examination that the board finds to be substantially similar

14  to the examination required to be licensed as a certified

15  contractor under this part. For purposes of this subsection, a

16  written, proctored examination such as that produced by the

17  National Assessment Institute, Block and Associates, or

18  NAI/Block shall be considered to be substantially similar to

19  the examination required to be licensed as a certified

20  contractor.

21         (3)  Has at least 5 years of experience as a contractor

22  in that contracting category, or as an inspector or building

23  administrator with oversight over that category, at the time

24  of application.  For contractors, only time periods in which

25  the contractor license is active and the contractor is not on

26  probation shall count toward the 5 years required by this

27  subsection.

28         (4)  Has not had his or her contractor's license

29  revoked at any time, had his or her contractor's license

30  suspended within the last 5 years, or been assessed a fine in

31  excess of $500 within the last 5 years.


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  1         (5)  Is in compliance with the insurance and financial

  2  responsibility requirements in s. 489.115(5).

  3         Section 4.  Section 489.514, Florida Statutes, is

  4  created to read:

  5         489.514  Certification for registered contractors;

  6  grandfathering provisions.--The board shall, upon receipt of a

  7  completed application and appropriate fee, issue a

  8  certification in the appropriate category to any contractor

  9  registered under this part who makes application to the board

10  and can show that he or she meets each of the following

11  requirements:

12         (1)  Currently holds a valid registered local license

13  in the category of electrical or alarm system contractor.

14         (2)  Has, for that category, passed a written

15  examination that the board finds to be substantially similar

16  to the examination required to be licensed as a certified

17  contractor under this part. For purposes of this subsection, a

18  written, proctored examination such as that produced by the

19  National Assessment Institute, Block and Associates, or

20  NAI/Block shall be considered to be substantially similar to

21  the examination required to be licensed as a certified

22  contractor.

23         (3)  Has at least 5 years of experience as a contractor

24  in that contracting category, or as a inspector or building

25  administrator with oversight over that category, at the time

26  of application.  For contractors, only time periods in which

27  the contractor license is active and the contractor is not on

28  probation shall count toward the 5 years required under this

29  subsection.

30         (4)  Has not had his or her contractor's license

31  revoked at any time, had his or her contractor's license


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  1  suspended in the last 5 years, or been assessed a fine in

  2  excess of $500 in the last 5 years.

  3         (5)  Is in compliance with the insurance and financial

  4  responsibility requirements in s. 489.515(1)(b).

  5         Section 5.  (1)  The Legislative Committee on

  6  Intergovernmental Relations, in consultation with the Office

  7  of Program Policy Analysis and Government Accountability,

  8  shall conduct a study to determine the fiscal impact on local

  9  governments of instituting a single-tier regulatory system for

10  construction and electrical and alarm system contractors in

11  Florida. Such a system would be established by prohibiting, on

12  a date certain, issuance of new local licenses in any category

13  set forth in section 489.105(3)(a)-(p), Florida Statutes, 1998

14  Supplement, or in the category of electrical or alarm system

15  contracting, while allowing existing locally licensed

16  construction and electrical and alarm system contractors the

17  option of continuing and concluding their careers as locally

18  licensed, registered contractors.

19         (2)(a)  The study required by this section shall

20  include:

21         1.  A survey of local governments to identify the

22  licensing revenues and associated expenditures by those

23  jurisdictions that issue local construction and electrical and

24  alarm system contractor licenses.

25         2.  An analysis of the projected impact upon the

26  licensure and disciplinary departments of such jurisdictions

27  caused by ending local construction and electrical and alarm

28  system contractor licensure.

29         3.  An analysis of the extent to which revenues raised

30  from licensees are being used to fund activities other than

31  the discipline of such licensees.


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  1         (b)  After the revenue and expenditure information for

  2  all local jurisdictions that issue construction and electrical

  3  and alarm system contractor licenses has been gathered under

  4  subparagraph (a)1., the analysis portions of the study under

  5  subparagraphs (a)2. and 3. may be limited to the 10 most

  6  active jurisdictions.

  7         (3)  A report on the findings of the study, including

  8  the results of the survey and analyses required, shall be

  9  presented to the chairs of the appropriate substantive

10  committees of the Legislature by December 1, 1999.

11         (4)  This section shall take effect upon this act

12  becoming a law.

13         Section 6.  Section 205.065, Florida Statutes, is

14  amended to read:

15         205.065  Exemption; nonresident persons regulated by

16  the Department of Business and Professional Regulation.--If

17  any person engaging in or managing a business, profession, or

18  occupation regulated by the Department of Business and

19  Professional Regulation has paid an occupational license tax

20  for the current year to the county or municipality in the

21  state where the person's permanent business location or branch

22  office is maintained, no other local governing authority may

23  levy an occupational license tax, or any registration or

24  regulatory fee equivalent to the occupational license tax, on

25  the person for performing work or services on a temporary or

26  transitory basis in another municipality or county. In no

27  event shall any work or services performed in a place other

28  than the county or municipality where the permanent business

29  location or branch office is maintained be construed as

30  creating a separate business location or branch office of that

31  person for the purposes of this chapter. Any properly licensed


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  1  contractor asserting an exemption under this section who is

  2  unlawfully required by the local governing authority to pay an

  3  occupational license tax, or any registration or regulatory

  4  fee equivalent to the occupational license tax, shall have

  5  standing to challenge the propriety of the local government's

  6  actions, and the prevailing party in such a challenge is

  7  entitled to recover a reasonable attorney's fee.

  8         Section 7.  Paragraph (c) of subsection (2) of section

  9  468.609, Florida Statutes, 1998 Supplement, is amended to

10  read:

11         468.609  Administration of this part; standards for

12  certification; additional categories of certification.--

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

14  for certification as an inspector or plans examiner pursuant

15  to this part if the person:

16         (c)  Meets eligibility requirements according to one of

17  the following criteria:

18         1.  Demonstrates 5 years' combined experience in the

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

20  or plans review corresponding to the certification category

21  sought;

22         2.  Demonstrates a combination of postsecondary

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

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

25  total being experience in construction, building inspection,

26  or plans review; or

27         3.  Demonstrates a combination of technical education

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

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

30  experience in construction, building inspection, or plans

31  review; or


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  1         4.3.  Currently holds a standard certificate as issued

  2  by the board and satisfactorily completes an inspector or

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

  4  the certification category sought. The board shall establish

  5  by rule criteria for the development and implementation of the

  6  training programs.

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

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

  9         468.621  Disciplinary proceedings.--

10         (1)  The following acts constitute grounds for which

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

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

13  person representing himself or herself as a contractor,

14  without obtaining the contractor's certificate or registration

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

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

17  20.165, Florida Statutes, is amended to read:

18         20.165  Department of Business and Professional

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

20  Professional Regulation.

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

22  Division of Professions:

23         1.  Board of Architecture and Interior Design, created

24  under part I of chapter 481.

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

26  of chapter 468.

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

28         4.  Florida Building Code Administrators and Inspectors

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

30         5.  Construction Industry Licensing Board, created

31  under part I of chapter 489.


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

  2         7.  Electrical Contractors' Licensing Board, created

  3  under part II of chapter 489.

  4         8.  Board of Employee Leasing Companies, created under

  5  part XI of chapter 468.

  6         9.  Board of Funeral Directors and Embalmers, created

  7  under chapter 470.

  8         10.  Board of Landscape Architecture, created under

  9  part II of chapter 481.

10         11.  Board of Pilot Commissioners, created under

11  chapter 310.

12         12.  Board of Professional Engineers, created under

13  chapter 471.

14         13.  Board of Professional Geologists, created under

15  chapter 492.

16         14.  Board of Professional Surveyors and Mappers,

17  created under chapter 472.

18         15.  Board of Veterinary Medicine, created under

19  chapter 474.

20         Section 10.  Section 471.045, Florida Statutes, 1998

21  Supplement, is amended to read:

22         471.045  Professional engineers performing building

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

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

25  practice as a professional engineer may provide building

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

27  local government or state agency upon its request, without

28  being certified by the Florida Board of Building Code

29  Administrators and Inspectors Board under part XII XIII of

30  chapter 468. When performing these building inspection

31  services, the professional engineer is subject to the


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  1  disciplinary guidelines of this chapter and s.

  2  468.621(1)(c)-(h)(c)-(g). Any complaint processing,

  3  investigation, and discipline that arise out of a professional

  4  engineer's performing building inspection services shall be

  5  conducted by the Board of Professional Engineers rather than

  6  the Florida Board of Building Code Administrators and

  7  Inspectors Board. A professional engineer may not perform

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

  9  that the professional engineer or the professional engineer's

10  company designed.

11         Section 11.  Section 481.222, Florida Statutes, 1998

12  Supplement, is amended to read:

13         481.222  Architects performing building code inspector

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

15  who is currently licensed to practice as an architect under

16  this part may provide building inspection services described

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

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

19  of Building Code Administrators and Inspectors Board under

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

21  of such building inspection services, the architect is subject

22  to the disciplinary guidelines of this part and s.

23  468.621(1)(c)-(h)(c)-(g). Any complaint processing,

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

25  performance of building inspection services shall be conducted

26  by the Board of Architecture and Interior Design rather than

27  the Florida Board of Building Code Administrators and

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

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

30  architect or the architect's company designed.

31


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

  2  489.109, Florida Statutes, is amended to read:

  3         489.109  Fees.--

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

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

  6  registration and renewal, and recordmaking and recordkeeping.

  7  The fees shall be established as follows:

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

  9  an inactive status certificate or registration, not to exceed

10  the renewal fee for an active status certificate or

11  registration.  Neither the inactive certification fee nor the

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

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

14  status is sought by a building code administrator, plans

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

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

17  allowed by the terms of such employment to maintain a

18  certificate on active status issued pursuant to this part.

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

20  Statutes, 1998 Supplement, is amended to read:

21         489.519  Inactive status.--

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

23  education requirements for inactive certificateholders, when

24  inactive status is sought by certificateholders who are also

25  building code administrators, plans examiners, or inspectors

26  certified pursuant to part XII XIII of chapter 468.

27         Section 14.  Section 469.001, Florida Statutes, 1998

28  Supplement, is amended to read:

29         469.001  Definitions.--As used in this chapter:

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

31  enclosure, or disposal of asbestos.


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

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

  3  thereunder.

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

  5  chrysotile, crocidolite, amosite, anthophyllite, tremolite,

  6  and actinolite.

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

  8  works as an employee under the direction of a licensed

  9  asbestos contractor, and includes any person directly engaged

10  in abatement activities.

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

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

13  by employing others, conduct surveys for asbestos-containing

14  materials, develop operation and maintenance plans, monitor

15  and evaluate asbestos abatement, prepare asbestos abatement

16  specifications, or perform related tasks.

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

18  which contains more than 1 percent asbestos as determined by

19  polarized light microscopy.

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

21  qualified and responsible for the contracted project and who

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

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

24  enclose asbestos-containing materials or dispose of

25  asbestos-containing waste in the course of activities

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

27  maintenance, or demolition.

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

29  the direction of a licensed asbestos consultant and engages in

30  the survey and assessment of asbestos-containing materials.

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


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

  2  Reauthorization Act.

  3         (10)(9)  "Department" means the Department of Business

  4  and Professional Regulation.

  5         (11)(10)  "Encapsulation" means the application of any

  6  coating to asbestos-containing material to prevent fiber

  7  release.

  8         (12)(11)  "Enclosure" means the construction of an

  9  airtight barrier around asbestos-containing material to

10  prevent fiber release.

11         (13)(12)  "Friable" means the condition of any

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

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

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

15  under the direction of a licensed asbestos consultant and

16  engages in the development of asbestos abatement schedules or

17  operation and maintenance plans.

18         (15)(14)  "NESHAP" means the National Emission

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

20  subpart M.

21         (16)(15)  "NIOSH" means the National Institute for

22  Occupational Safety and Health.

23         (17)(16)  "Onsite roofing supervisor" means a person

24  who works under the direction of a roofing contractor

25  certified pursuant to part I of chapter 489 and provides

26  supervision of removal of asbestos-containing roofing

27  materials at the project site at all times when such

28  activities are being performed.

29         (18)(17)  "Onsite supervisor" means a person who works

30  under the direction of a licensed asbestos contractor and

31  provides supervision of abatement activities at the abatement


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  1  project site at all times when such activities are being

  2  performed. This term is synonymous with "onsite

  3  representative" in the NESHAP asbestos standard rules.

  4         (19)(18)  "Operation and maintenance plan" means a set

  5  of work practices and procedures undertaken to clean up

  6  previously released asbestos fibers, prevent future release of

  7  fibers by minimizing disturbance or damage to

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

  9  asbestos-containing materials.

10         (20)(19)  "OSHA" means the Occupational Safety and

11  Health Administration.

12         (21)(20)  "Project designer" means a person who works

13  under the direction of a licensed asbestos consultant and

14  engages in the design of project specifications for asbestos

15  abatement projects.

16         (22)(21)  "Project monitor" means a person who monitors

17  asbestos abatement projects for compliance with project

18  specifications, applicable safety and health regulations, and

19  other contract requirements under the direction of a licensed

20  asbestos consultant.

21         (23)(22)  "Survey" means the process of inspecting a

22  facility for the presence of asbestos-containing materials to

23  determine the location and condition of asbestos-containing

24  materials prior to transfer of property, renovation,

25  demolition, or maintenance projects which may disturb

26  asbestos-containing materials.

27         (24)(23)  "Training-course provider" means an entity or

28  any of its agents engaged in providing training courses

29  required by this chapter.

30

31


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

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

  3  amended to read:

  4         469.002  Exemptions.--

  5         (1)  This chapter does not apply to:

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

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

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

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

10  ASHARA AHERA for the activities described in this paragraph

11  and who is conducting abatement work solely for maintenance

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

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

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

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

16  does not otherwise engage in asbestos abatement, contracting,

17  or consulting.

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

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

20  subdivision who has completed all training required by NESHAP

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

22  this paragraph, while engaged in asbestos-related activities

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

24  involving the demolition of a building owned by that

25  governmental unit, where such activities are within the scope

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

27  or otherwise engage in asbestos abatement, contracting, or

28  consulting.

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

30  469.004, Florida Statutes, 1998 Supplement, to read:

31


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  1         469.004  License; asbestos consultant; asbestos

  2  contractor.--

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

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

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

  6  continuing education during each of the preceding 2 years.

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

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

  9  during each of the preceding 2 years.

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

11  Statutes, 1998 Supplement, is amended to read:

12         469.005  License requirements.--All applicants for

13  licensure as either asbestos consultants or asbestos

14  contractors shall:

15         (2)  When applying for licensure as an asbestos

16  consultant, successfully complete the following

17  department-approved courses:

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

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

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

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

22  days of instruction.

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

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

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

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

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

28  consist of not less than 3 days of instruction.

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

30  Statutes, 1998 Supplement, is amended to read:

31


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  1         469.006  Licensure of business organizations;

  2  qualifying agents.--

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

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

  5  business organization. If the qualifying agent for a business

  6  organization desires to qualify additional business

  7  organizations, the department shall require the agent to

  8  present evidence of supervisory ability and financial

  9  responsibility of each such organization. Allowing a licensee

10  to qualify more than one business organization shall be

11  conditioned upon the licensee showing that the licensee has

12  both the capacity and intent to adequately supervise each

13  business organization. The department shall not limit the

14  number of business organizations which the licensee may

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

16  information as is required under this subsection or upon a

17  finding that such information or evidence as is supplied is

18  incomplete or unpersuasive in showing the licensee's capacity

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

20  A qualification for an additional business organization may be

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

22  licensee has failed in the licensee's responsibility to

23  adequately supervise the operations of the business

24  organization. Failure to adequately supervise the operations

25  of a business organization shall be grounds for denial to

26  qualify additional business organizations. The issuance of

27  such additional licensure is discretionary with the

28  department.

29         Section 19.  Section 469.011, Florida Statutes, is

30  amended to read:

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  1         469.011  Authority to make rules.--The department shall

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

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

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

  5  department shall consider related Florida Statutes and the

  6  rules promulgated thereunder, the criteria established in the

  7  Environmental Protection Agency Guidelines, and AHERA, ASHARA,

  8  NESHAP, and OSHA regulations.

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

10  469.012, Florida Statutes, are amended to read:

11         469.012  Course requirements for onsite supervisors and

12  asbestos abatement workers.--

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

14  complete an asbestos contractor/supervisor project management

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

16  engaging in onsite supervision. Such training shall cover the

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

18  federal and state asbestos laws and regulations, worker

19  protection, and work area protection. Each onsite supervisor

20  must also complete a continuing education course of not less

21  than 1 day in length each year.

22         (2)  All asbestos abatement workers, including onsite

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

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

25  encapsulating, enclosing, or disposing of asbestos-containing

26  materials.

27         (4)  All asbestos abatement workers, including onsite

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

29  accreditation licensure, such courses of continuing education

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

31


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  1         Section 21.  Section 469.013, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         469.013  Course requirements for asbestos surveyors,

  4  management planners, and project monitors, and project

  5  designers.--

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

  7  project monitors must comply with the requirements set forth

  8  in this section prior to commencing such activities and must

  9  also complete the continuing education necessary to maintain

10  accreditation certification each year.

11         (a)  Management planners must complete all requirements

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

13         (b)  Asbestos surveyors must complete all requirements

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

15         (c)  Project monitors must complete all requirements of

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

17  sampling course which is equivalent to NIOSH Course 582.

18         (d)  Project designers must complete all requirements

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

20         (2)  Each asbestos consultant shall be responsible for

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

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

23  that consultant's direction have completed all required

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

25  request.

26         Section 22.  Section 489.13, Florida Statutes, is

27  created to read:

28         489.13  Unlicensed contracting; authority to issue or

29  receive a building permit.--

30         (1)  Any person performing an activity requiring

31  licensure under this part as a construction contractor is


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

  2  valid active certificate or registration authorizing him or

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

  4  holds a local construction contractor license or local

  5  certificate of competency. Persons working outside the

  6  geographical scope of their registration are guilty of

  7  unlicensed activity for purposes of this part.

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

  9  building permit to any contractor, or to any person

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

11  hold a valid active certificate or registration in the

12  appropriate category. Possession of a local certificate of

13  competency or local construction license is not sufficient to

14  lawfully obtain a building permit as a construction contractor

15  if the activity in question requires licensure under this

16  part. Nothing in this section shall be construed as

17  prohibiting a local building department from issuing a

18  building permit to a locally licensed or certified contractor

19  for an activity that does not require licensure under this

20  part.

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

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

23         (Substantial rewording of subsection.  See s.

24         489.503(14), F.S., 1998 Supp., for present text.)

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

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

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

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

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

30  transmitting data, voice communications, or commands as part

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


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

  2  electrical circuits and equipment governed by the applicable

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

  4  770, 800, 810, and 820 of the National Electrical Code,

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

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

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

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

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

10  transmitting data, voice communications, or commands as part

11  of a system of telecommunications, including computers,

12  telephone customer premises equipment, or premises wiring. The

13  scope of this exemption is limited to electrical circuits and

14  equipment governed by the applicable provisions of Articles

15  725 (Classes 2 and 3 circuits only), 770, 800, 810, and 820 of

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

17  part 68.   A company certified under chapter 364 is not

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

19  performed by its employees related to low voltage electrical

20  work, including related technical codes and regulations.  The

21  exemption in this paragraph shall apply only if such work is

22  requested by the company's customer, is required in order to

23  complete phone service, is incidental to provision of

24  telecommunication service as required by chapter 364, and is

25  not the subject of a competitive bid.  The definition of

26  "employee" established in subsection (1) applies to this

27  exemption and does not include subcontractors. 

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

29  of section 489.511, Florida Statutes, 1998 Supplement,

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

31  is added to that section, to read:


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  1         489.511  Certification; application; examinations;

  2  endorsement.--

  3         (2)

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

  5  percent of the work experience for an alarm system contractor

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

  7  a commercial setting.

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

  9  of specialty electrical or alarm system contractors who may be

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

11  responsibility of a certified specialty contractor shall be

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

13  specialty contractor category exists as an optional a

14  voluntary statewide licensing category. Qualification for

15  certification in a specialty category created by rule shall be

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

17  specialty category created by rule does not itself create any

18  licensing requirement; however, neither does its optional

19  nature remove any licensure requirement established elsewhere

20  in this part and does not create a mandatory licensing

21  requirement. Any mandatory statewide electrical or alarm

22  system contracting licensure requirement may only be

23  established through specific statutory provision.

24         (b)  For those specialty electrical or alarm system

25  contractors applying for certification under this part who

26  work in jurisdictions that do not require local licensure for

27  those activities for which the applicant desires to be

28  certified, the experience requirement may be met by

29  demonstrating at least 6 years of comprehensive training,

30  technical education, or supervisory experience, within the 12

31  years immediately preceding the filing of the application, in


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

  2  application, in the type of specialty electrical or alarm

  3  system work for which certification is desired. An affidavit

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

  5  performed the work required under this paragraph shall be

  6  sufficient to demonstrate to the board that the applicant has

  7  met the experience requirement.

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

  9  issued registered licenses for the classification in which the

10  certification is issued are rendered void.

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

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

13  that section is repealed, to read:

14         489.513  Registration; application; requirements.--

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

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

17  residential alarm system contractor, the applicant shall file

18  evidence of holding a current certificate of competency

19  occupational license or a current license issued by any

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

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

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

23  or county, together with evidence of having passed an

24  appropriate local examination, written or oral, designed to

25  test skills and knowledge relevant to the technical

26  performance of the profession, accompanied by the registration

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

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

29  issue a local license as an electrical or alarm system

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

31  the applicant may apply and shall be considered qualified to


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  1  be issued a registration in the appropriate electrical or

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

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

  4  is substantially equivalent to the examination approved by the

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

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

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

  8  a registration shall not apply to persons making application

  9  prior to the effective date of this act.

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

11  responsibility for providing discipline pursuant to having

12  provided the tracking registration.  Providing discipline to

13  such locally licensed individuals shall be the responsibility

14  of the local jurisdiction.  Failure to obtain a tracking

15  registration shall not be considered a violation of this

16  chapter.  However, a local jurisdiction requiring such

17  tracking registration may levy such penalties for failure to

18  obtain the tracking registration as the local jurisdiction

19  chooses to provide through local ordinance.

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

21  489.537, Florida Statutes, 1998 Supplement, to read:

22         489.537  Application of this part.--

23         (10)  A registered electrical contractor, an alarm

24  system contractor II certificateholder, and a registered alarm

25  system contractor II shall be allowed to install residential

26  smoke detectors or residential heat detectors.

27         Section 27.  Subsection (1) of section 489.129, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         489.129  Disciplinary proceedings.--

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

31  against any certificateholder or registrant:  place on


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

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

  3  certificate of authority, require financial restitution to a

  4  consumer for financial harm directly related to a violation of

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

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

  7  assess costs associated with investigation and prosecution, if

  8  the contractor, financially responsible officer, or business

  9  organization for which the contractor is a primary qualifying

10  agent, a financially responsible officer, or a secondary

11  qualifying agent responsible under s. 489.1195 is found guilty

12  of any of the following acts:

13         (a)  Obtaining a certificate, registration, or

14  certificate of authority by fraud or misrepresentation.

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

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

17  crime in any jurisdiction which directly relates to the

18  practice of contracting or the ability to practice

19  contracting.

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

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

22  entity in engaging in the prohibited uncertified and

23  unregistered practice of contracting, if the certificateholder

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

25  person or entity was uncertified and unregistered.

26         (e)  Knowingly combining or conspiring with an

27  uncertified or unregistered person by allowing his or her

28  certificate, registration, or certificate of authority to be

29  used by the uncertified or unregistered person with intent to

30  evade the provisions of this part.  When a certificateholder

31  or registrant allows his or her certificate or registration to


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  1  be used by one or more business organizations without having

  2  any active participation in the operations, management, or

  3  control of such business organizations, such act constitutes

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

  5  this part.

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

  7  certificate or registration issued hereunder except in the

  8  name of the certificateholder or registrant as set forth on

  9  the issued certificate or registration, or in accordance with

10  the personnel of the certificateholder or registrant as set

11  forth in the application for the certificate or registration,

12  or as later changed as provided in this part.

13         (g)  Committing mismanagement or misconduct in the

14  practice of contracting that causes financial harm to a

15  customer.  Financial mismanagement or misconduct occurs when:

16         1.  Valid liens have been recorded against the property

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

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

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

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

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

22  the date of such liens;

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

24  the percentage of completion is less than the percentage of

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

26  of abandonment, unless the contractor is entitled to retain

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

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

29  abandoned; or

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

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


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  1  job than the original contract price, as adjusted for

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

  3  result of circumstances beyond the control of the contractor,

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

  5  otherwise permitted by the terms of the contract between the

  6  contractor and the customer.

  7         (h)  Being disciplined by any municipality or county

  8  for an act or violation of this part.

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

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

11  the board.

12         (j)  Abandoning a construction project in which the

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

14  project may be presumed abandoned after 90 days if the

15  contractor terminates the project without just cause or

16  without proper notification to the owner, including the reason

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

18  for 90 consecutive days.

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

20  contract falsely indicating that the work is bonded; falsely

21  indicating that payment has been made for all subcontracted

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

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

24  that workers' compensation and public liability insurance are

25  provided.

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

27  contracting.

28         (m)  Committing incompetency or misconduct in the

29  practice of contracting.

30

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  1         (n)  Committing gross negligence, repeated negligence,

  2  or negligence resulting in a significant danger to life or

  3  property.

  4         (o)  Proceeding on any job without obtaining applicable

  5  local building department permits and inspections.

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

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

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

  9  part I of chapter 713.

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

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

12  the business organization qualified by the licensee, relating

13  to the practice of the licensee's profession.

14

15  For the purposes of this subsection, construction is

16  considered to be commenced when the contract is executed and

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

18  A contractor does not commit a violation of this subsection

19  when the contractor relies on a building code interpretation

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

21  553.80 to enforce the building code, absent a finding of fraud

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

23  repeated negligence, or negligence resulting in a significant

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

25  official, in a proceeding under chapter 120.

26         Section 28.  Subsections (1) and (2) and paragraph (a)

27  of subsection (3) of section 633.061, Florida Statutes, 1998

28  Supplement, are amended to read:

29         633.061  License or permit required of organizations

30  and individuals servicing, recharging, repairing, testing,

31


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  1  marking, inspecting, installing, or hydrotesting fire

  2  extinguishers and preengineered systems.--

  3         (1)  It is unlawful for any organization or individual

  4  to engage in the business of servicing, repairing, recharging,

  5  testing, marking, inspecting, installing, or hydrotesting any

  6  fire extinguisher or preengineered system in this state except

  7  in conformity with the provisions of this chapter. Each

  8  organization or individual that engages in such activity must

  9  possess a valid and subsisting license issued by the State

10  Fire Marshal.  All fire extinguishers and preengineered

11  systems required by statute or by rule must be serviced by an

12  organization or individual licensed under the provisions of

13  this chapter.  The licensee is legally qualified to act for

14  the business organization in all matters connected with its

15  business, and the licensee must supervise all activities

16  undertaken by such business organization. Each licensee shall

17  maintain a specific business location. A further requirement,

18  in the case of multiple locations where such servicing or

19  recharging is taking place, is that each licensee who

20  maintains more than one place of business where actual work is

21  carried on must possess an additional license, as set forth in

22  this section, for each location, except that a licensed

23  individual may not qualify for more than five locations.  A

24  licensee is limited to a specific type of work performed

25  depending upon the class of license held. Licenses and license

26  fees are required for the following:

27         (a)  Class A..................................$250 $150

28  To service, recharge, repair, install, or inspect all types of

29  fire extinguishers and to conduct hydrostatic tests on all

30  types of fire extinguishers.

31         (b)  Class B..................................$150 $100


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  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 types of fire

  4  extinguishers, except carbon dioxide units.

  5         (c)  Class C..................................$150 $100

  6  To service, recharge, repair, install, or inspect all types of

  7  fire extinguishers, except recharging carbon dioxide units,

  8  and to conduct hydrostatic tests on all types of fire

  9  extinguishers, except carbon dioxide units.

10         (d)  Class D..................................$200 $125

11  To service, repair, recharge, hydrotest, install, or inspect

12  all types of preengineered fire extinguishing systems.

13         (e)  Licenses issued as duplicates or to reflect a

14  change of address..........................................$10

15

16  Any fire equipment dealer licensed pursuant to this subsection

17  who does not want to engage in the business of servicing,

18  inspecting, recharging, repairing, hydrotesting, or installing

19  halon equipment must file an affidavit on a form provided by

20  the division so stating. Licenses will be issued by the

21  division to reflect the work authorized thereunder. It is

22  unlawful, unlicensed activity for any person or firm to

23  falsely hold himself or herself or a business organization out

24  to perform any service, inspection, recharge, repair,

25  hydrotest, or installation except as specifically described in

26  the license.

27         (2)  Each individual actually performing the work of

28  servicing, recharging, repairing, hydrotesting, installing,

29  testing, or inspecting fire extinguishers or preengineered

30  systems must possess a valid and subsisting permit issued by

31  the State Fire Marshal. Permittees are limited as to specific


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  1  type of work performed dependent upon the class of permit held

  2  which shall be a class allowing work no more extensive than

  3  the class of license held by the licensee under whom the

  4  permittee is working.  Permits and fees therefor are required

  5  for the following:

  6         (a)  Class 1....................................$90 $50

  7  Servicing, recharging, repairing, installing, or inspecting

  8  all types of fire extinguishers and conducting hydrostatic

  9  tests on all types of fire extinguishers.

10         (b)  Class 2....................................$90 $50

11  Servicing, recharging, repairing, installing, or inspecting

12  all types of fire extinguishers, including carbon dioxide

13  units, and conducting hydrostatic tests on all types of fire

14  extinguishers, except carbon dioxide units.

15         (c)  Class 3....................................$90 $50

16  Servicing, recharging, repairing, installing, or inspecting

17  all types of fire extinguishers, except recharging carbon

18  dioxide units, and conducting hydrostatic tests on all types

19  of fire extinguishers, except carbon dioxide units.

20         (d)  Class 4...................................$120 $65

21  Servicing, repairing, hydrotesting, recharging, installing, or

22  inspecting all types of preengineered fire extinguishing

23  systems.

24         (e)  Permits issued as duplicates or to reflect a

25  change of address..........................................$10

26

27  Any fire equipment permittee licensed pursuant to this

28  subsection who does not want to engage in servicing,

29  inspecting, recharging, repairing, hydrotesting, or installing

30  halon equipment must file an affidavit on a form provided by

31  the division so stating. Permits will be issued by the


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    ENROLLED

    1999 Legislature                 CS for SB 2268, 1st Engrossed



  1  division to reflect the work authorized thereunder. It is

  2  unlawful, unlicensed activity for any person or firm to

  3  falsely hold himself or herself out to perform any service,

  4  inspection, recharge, repair, hydrotest, or installation

  5  except as specifically described in the permit.

  6         (3)(a)  Such licenses and permits shall be issued by

  7  the State Fire Marshal for 2 years each license year beginning

  8  January 1, 2000, and each 2-year period thereafter and

  9  expiring the following December 31 of the second year. All

10  licenses or permits issued will expire on December 31 of each

11  odd-numbered year. The failure to renew a license or permit by

12  December 31 of the second year will cause the license or

13  permit to become inoperative.  The holder of an inoperative

14  license or permit shall not engage in any activities for which

15  a license or permit is required by this section.  A license or

16  permit which is inoperative because of the failure to renew it

17  shall be restored upon payment of the applicable fee plus a

18  penalty equal to the applicable fee, if the application for

19  renewal is filed no later than the following March 31.  If the

20  application for restoration is not made before the March 31st

21  deadline, the fee for restoration shall be equal to the

22  original application fee and the penalty provided for herein,

23  and, in addition, the State Fire Marshal shall require

24  reexamination of the applicant. The fee for a license or

25  permit issued for 1 year or less shall be prorated at 50

26  percent of the applicable fee for a biennial license or

27  permit. Each licensee or permittee shall successfully complete

28  a course or courses of continuing education for fire equipment

29  technicians of at least 32 hours  within 4 5 years of initial

30  issuance of a license or permit and within each 4-year every

31  5-year period thereafter or no such license or permit shall be


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    ENROLLED

    1999 Legislature                 CS for SB 2268, 1st Engrossed



  1  renewed. The State Fire Marshal shall adopt rules describing

  2  the continuing education requirements.

  3         Section 29.  Except as otherwise provided herein, this

  4  act shall take effect October 1, 1999.

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