Senate Bill 2444

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    Florida Senate - 1999                                  SB 2444

    By Senator Gutman





    34-1150-99

  1                      A bill to be entitled

  2         An act relating to construction industry

  3         licensing; amending s. 468.609, F.S.; allowing

  4         technical education to count toward education

  5         and experience requirements for applicants to

  6         be licensed as building code inspectors or

  7         plans examiners; amending s. 469.001, F.S.;

  8         defining the terms "ASHARA" and "onsite

  9         supervisor"; amending s. 469.002, F.S.;

10         specifying exemptions; amending s. 469.004,

11         F.S.; providing license renewal and continuing

12         education requirements; amending s. 469.005,

13         F.S.; deleting an asbestos

14         contractor/supervisor course requirement;

15         amending s. 469.006, F.S.; providing criteria

16         for asbestos contractors or consultants to

17         qualify additional business organizations;

18         amending s. 469.011, F.S.; conforming

19         rulemaking authority; amending s. 469.012,

20         F.S.; providing education requirements for

21         asbestos contractors' onsite supervisors and

22         workers; amending s. 469.013, F.S.; providing

23         continuing education requirements for asbestos

24         project designers; amending s. 489.511, F.S.;

25         providing experience requirements for alarm

26         system contractors; deleting obsolete

27         provisions; providing that previously issued

28         registered licenses are void upon the issuance

29         of a certificate; amending s. 489.513, F.S.;

30         requiring a certificate of competency to be

31         licensed as an electrical or alarm system

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  1         contractor; repealing provisions relating to

  2         tracking registration; amending s. 489.531,

  3         F.S.; deleting provisions relating to local

  4         licenses; providing an effective date.

  5

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

  7

  8         Section 1.  Subsection (2) of section 468.609, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         468.609  Administration of this part; standards for

11  certification; additional categories of certification.--

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

13  for certification as an inspector or plans examiner pursuant

14  to this part if the person:

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

16         (b)  Is of good moral character; and

17         (c)  Meets eligibility requirements according to one of

18  the following criteria:

19         1.  Demonstrates 5 years' combined experience in the

20  field of construction or related field inspection, or plans

21  review corresponding to the certification category sought;

22         2.  Demonstrates a combination of postsecondary

23  education in the field of construction or 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.  Currently holds a standard certificate as issued by

28  the board and satisfactorily completes an inspector or plans

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

30  certification category sought. The board shall establish by

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  1  rule criteria for the development and implementation of the

  2  training programs; or.

  3         4.  Demonstrates a combination of technical education

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

  5  that totals 4 years, with at least 1 year of such total being

  6  experience in construction, building inspection, or reviewing

  7  plans.

  8         (d)  Demonstrates successful completion of the core

  9  curriculum and specialized or advanced module coursework

10  approved by the Florida Building Commission, as part of the

11  Building Code Training Program established pursuant to s.

12  553.841, appropriate to the licensing category sought or,

13  pursuant to authorization by the certifying authority,

14  provides proof of completion of such curriculum or coursework

15  within 6 months after such certification.

16         Section 2.  Subsection (17) of section 469.001, Florida

17  Statutes, 1998 Supplement, is amended, present subsections (9)

18  through (23) of that section are renumbered as subsections

19  (10) through (24), respectively, and a new subsection (9) is

20  added to that section, to read:

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

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

23  Reauthorization Act.

24         (18)(17)  "Onsite supervisor" means a person who works

25  under the direction of a licensed asbestos contractor and

26  provides supervision of abatement activities at the abatement

27  project site at all times when such activities are being

28  performed. This term is synonymous with "onsite

29  representative" in the NESHAP asbestos standard rules.

30

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  1         Section 3.  Paragraphs (a) and (e) of subsection (1) of

  2  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 doing

13  Class III or Class IV work, as defined in the OSHA asbestos

14  construction standard involving less than 160 square feet of

15  asbestos-containing materials or less than 260 linear feet of

16  asbestos-containing material on pipe, so long as the employee

17  is not available for hire or does not otherwise engage in

18  asbestos abatement, contracting, or consulting.

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

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

21  subdivision who has completed all training required by NESHAP

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

23  this paragraph, while engaged in asbestos-related activities

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

25  involving the demolition of a building owned by that

26  governmental unit, where such activities are within the scope

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

28  or otherwise engage in asbestos abatement, contracting, or

29  consulting.

30         Section 4.  Subsection (3) is added to section 469.004,

31  Florida Statutes, 1998 Supplement, to read:

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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 renewing a contractor's license,

  5  the licensee must complete a 1-day course of continuing

  6  education during each of the preceding 2 years. Before

  7  renewing a consultant's license, the licensee must complete a

  8  2-day course of continuing education during each of the

  9  preceding 2 years.

10         Section 5.  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 6.  Subsection (4) of section 469.006, Florida

30  Statutes, 1998 Supplement, is amended to read:

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  1         469.006  Licensure of business organizations;

  2  qualifying agents.--

  3         (4)(a)  The qualifying agent shall inform the

  4  department in writing if the agent proposes to engage in

  5  consulting or contracting in the agent's own name or in

  6  affiliation with another business organization, and the agent

  7  or the new business organization shall supply the same

  8  information to the department as is required of initial

  9  applicants under this chapter.

10         (b)  Upon a favorable determination by the department,

11  after investigation of the financial responsibility, credit,

12  and business reputation of the qualifying agent and the new

13  business organization, the department shall issue, without any

14  examination, a new license in the business organization's

15  name, and the name of the qualifying agent shall be noted

16  thereon.

17         (c)  Each licensee shall pay the department an amount

18  equal to the original fee to qualify any additional business

19  organizations. If the licensee seeks to qualify additional

20  business organizations, the department shall require the

21  licensee to present evidence of supervisory ability and

22  financial responsibility for each organization. Allowing a

23  licensee to qualify more than one business organization must

24  be conditioned upon the licensee demonstrating the capacity

25  and the intent to adequately supervise each business

26  organization. The department may not limit the number of

27  business organizations which a licensee may qualify, except

28  upon the licensee's failure to provide the information

29  required under this subsection or upon a finding that the

30  information or evidence is incomplete or unpersuasive to show

31  the licensee's capacity and intent to comply with this

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  1  subsection. A qualification for an additional business

  2  organization may be revoked or suspended upon a finding by the

  3  board that the licensee has failed to adequately supervise the

  4  operations of the business organization. Failure to adequately

  5  supervise the operations of a business organization is grounds

  6  for denial to qualify additional business organizations.

  7         Section 7.  Section 469.011, Florida Statutes, is

  8  amended to read:

  9         469.011  Authority to make rules.--The department shall

10  adopt such rules, not inconsistent with law, as may be

11  necessary to implement the provisions of this chapter. In

12  developing the rules, the department shall consider related

13  Florida Statutes and the rules promulgated thereunder, the

14  criteria established in the Environmental Protection Agency

15  Guidelines, and AHERA, ASHARA, NESHAP, and OSHA regulations.

16         Section 8.  Subsections (1), (2), and (4) of section

17  469.012, Florida Statutes, are amended to read:

18         469.012  Course requirements for onsite supervisors and

19  asbestos abatement workers.--

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

21  complete an asbestos contractor/supervisor project management

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

23  engaging in onsite supervision. Such training shall cover the

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

25  federal and state asbestos laws and regulations, worker

26  protection, and work area protection. Each onsite supervisor

27  must also complete a continuing education course of not less

28  than 1 day in length each year.

29         (2)  All asbestos abatement workers, including onsite

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

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

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  1  encapsulating, enclosing, or disposing of asbestos-containing

  2  materials.

  3         (4)  All asbestos abatement workers, including onsite

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

  5  accreditation licensure, such courses of continuing education

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

  7         Section 9.  Subsection (1) of section 469.013, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         469.013  Course requirements for asbestos surveyors,

10  management planners, and project monitors.--

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

12  project monitors must comply with the requirements set forth

13  in this section prior to commencing such activities and must

14  also complete the continuing education necessary to maintain

15  accreditation certification each year.

16         (a)  Management planners must complete all requirements

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

18         (b)  Asbestos surveyors must complete all requirements

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

20         (c)  Project monitors must complete all requirements of

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

22  course which is equivalent to NIOSH Course 582.

23         (d)  Project designers must complete all the

24  requirements of s. 469.005(2)(d).

25         Section 10.  Paragraph (c) is added to subsection (2)

26  of section 489.511, Florida Statutes, 1998 Supplement,

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

28  is added to that section, to read:

29         489.511  Certification; application; examinations;

30  endorsement.--

31         (2)

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

  2  percent of the work experience for an alarm system contractor

  3  I must be in the type of fire alarm systems typically used in

  4  a commercial setting.

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

  6  of specialty electrical or alarm system contractors who may be

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

  8  responsibility of a certified specialty contractor shall be

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

10  specialty contractor category exists as a voluntary statewide

11  licensing category. and does not create a mandatory licensing

12  requirement. Any mandatory statewide electrical or alarm

13  system contracting licensure requirement may only be

14  established through specific statutory provision.

15         (b)  For those specialty electrical or alarm system

16  contractors applying for certification under this part who

17  work in jurisdictions that do not require local licensure for

18  those activities for which the applicant desires to be

19  certified, the experience requirement may be met by

20  demonstrating at least 6 years of comprehensive training,

21  technical education, or supervisory experience, within the 12

22  years immediately preceding the filing of the application, in

23  the type of specialty electrical or alarm system work for

24  which certification is desired. An affidavit signed by the

25  applicant's employer stating that the applicant performed the

26  work required under this paragraph shall be sufficient to

27  demonstrate to the board that the applicant has met the

28  experience requirement.

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

30  issued registered licenses for the classification in which the

31  certification is issued are void.

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  1         Section 11.  Subsection (3) and (7) of section 489.513,

  2  Florida Statutes, 1998 Supplement, are amended to read:

  3         489.513  Registration; application; requirements.--

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

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

  6  residential alarm system contractor, the applicant shall file

  7  evidence of holding a current certificate of competency

  8  occupational license or a current license issued by any

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

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

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

12  or county, together with evidence of having passed an

13  appropriate local examination, written or oral, designed to

14  test skills and knowledge relevant to the technical

15  performance of the profession, accompanied by the registration

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

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

18  issue a local license as an electrical or alarm system

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

20  the applicant may apply and shall be considered qualified to

21  be issued a registration in the appropriate electrical or

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

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

24  is substantially equivalent to the examination approved by the

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

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

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

28  a registration shall not apply to persons making application

29  prior to the effective date of this act.

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

31  responsibility for providing discipline pursuant to having

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  1  provided the tracking registration.  Providing discipline to

  2  such locally licensed individuals shall be the responsibility

  3  of the local jurisdiction.  Failure to obtain a tracking

  4  registration shall not be considered a violation of this

  5  chapter.  However, a local jurisdiction requiring such

  6  tracking registration may levy such penalties for failure to

  7  obtain the tracking registration as the local jurisdiction

  8  chooses to provide through local ordinance.

  9         Section 12.  Paragraphs (a) and (b) of subsection (5)

10  of section 489.531, Florida Statutes, 1998 Supplement, are

11  amended to read:

12         489.531  Prohibitions; penalties.--

13         (5)(a)  The local governing body of a county or

14  municipality, or its local enforcement body, is authorized to

15  enforce the provisions of this part as well as its local

16  ordinances against locally licensed or registered contractors,

17  as appropriate.  The local jurisdiction enforcement body may

18  conduct disciplinary proceedings against a locally licensed or

19  registered contractor and may require restitution or impose a

20  suspension or revocation of the registered local license or a

21  fine not to exceed $5,000, or a combination thereof, against

22  the locally licensed or registered contractor, according to

23  ordinances which a local jurisdiction may enact.  In addition,

24  the local jurisdiction may assess reasonable investigative and

25  legal costs for the prosecution of the violation against the

26  registered contractor violator, according to such ordinances

27  as the local jurisdiction may enact.

28         (b)  In addition to any action the local jurisdiction

29  enforcement body may take against the individual's registered

30  local license, and any fine the local jurisdiction may impose,

31  the local jurisdiction enforcement body shall issue a

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  1  recommended penalty for board action.  This recommended

  2  penalty may include a recommendation for no further action or

  3  a recommendation for suspension, revocation, or restriction of

  4  the registration or imposition of a fine to be levied by the

  5  board, or a combination thereof.  The local jurisdiction

  6  enforcement body shall inform the disciplined contractor and

  7  the complainant of the local license penalty imposed, the

  8  board penalty recommended, the rights to appeal, and the

  9  consequences should the contractor decide not to appeal.  The

10  local jurisdiction enforcement body shall, upon having reached

11  adjudication or having accepted a plea of nolo contendere,

12  immediately inform the board of its action and the recommended

13  board penalty.

14         Section 13.  This act shall take effect July 1, 1999.

15

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17                          SENATE SUMMARY

18    Allows applicants for licensure as building code
      inspectors or plans examiners to count technical
19    education toward education and experience requirements.
      Provides definitions. Revises asbestos abatement
20    provisions to conform to federal law. Provides for terms
      of licensure and continuing education requirements for
21    asbestos contractors and consultants. Deletes an asbestos
      contractor/supervisor course requirement. Provides
22    criteria for asbestos contractors or consultants to
      qualify additional business organizations. Provides
23    educational requirements for asbestos contractors' onsite
      supervisors and abatement workers. Provides continuing
24    education requirements for asbestos project designers.
      Deletes provisions relating to local licensure of
25    contractors.

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