House Bill 0955

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    Florida House of Representatives - 1999                 HB 955

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to contracting; amending s.

  3         489.105, F.S.; redefining the term

  4         "contracting" and defining the term "field

  5         work"; amending ss. 489.1455 and 489.5335,

  6         F.S.; providing for journeyman certification;

  7         providing for fees; providing for discipline by

  8         a county or municipality for certain misconduct

  9         or negligence; providing a penalty for certain

10         fraudulent representations; providing an

11         effective date.

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

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15         Section 1.  Subsection (6) of section 489.105, Florida

16  Statutes, 1998 Supplement, is amended, and subsection (20) is

17  added to said section, to read:

18         489.105  Definitions.--As used in this part:

19         (6)  "Contracting" means, except as exempted in this

20  part, engaging in business as a contractor and includes, but

21  is not limited to, performance of any of the acts as set forth

22  in subsection (3) which define types of contractors, including

23  supervision of all field work. The attempted sale of

24  contracting services and the negotiation or bid for a contract

25  on these services also constitutes contracting. If the

26  services offered require licensure or agent qualification, the

27  offering, negotiation for a bid, or attempted sale of these

28  services requires the corresponding licensure. However, the

29  term "contracting" shall not extend to an individual,

30  partnership, corporation, trust, or other legal entity that

31  offers to sell or sells completed residences on property on

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    Florida House of Representatives - 1999                 HB 955

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  1  which the individual or business entity has any legal or

  2  equitable interest, if the services of a qualified contractor

  3  certified or registered pursuant to the requirements of this

  4  chapter have been or will be retained for the purpose of

  5  constructing such residences.

  6         (20)  "Field work" means performance on the job site of

  7  any of the acts described in paragraphs (3)(a)-(o).

  8         Section 2.  Section 489.1455, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         489.1455  Journeyman; reciprocity; standards.--

11         (1)  An individual who holds a valid, active journeyman

12  license in the plumbing/pipe fitting, mechanical, or HVAC

13  trades issued by any county or municipality in this state may

14  work as a journeyman in the trade in which he or she is

15  licensed in any county or municipality of this state without

16  taking an additional examination or paying an additional

17  license fee, if he or she:

18         (a)  Has scored at least 70 percent, or after October

19  1, 1997, at least 75 percent, on a proctored journeyman Block

20  and Associates examination or other proctored examination

21  approved by the board for the trade in which he or she is

22  licensed;

23         (b)  Has completed an apprenticeship program registered

24  with the Department of Labor and Employment Security and

25  demonstrates 4 years' verifiable practical experience in the

26  trade for which he or she is licensed, or demonstrates 6

27  years' verifiable practical experience in the trade for which

28  he or she is licensed;

29         (c)  Has satisfactorily completed specialized and

30  advanced module coursework approved by the Florida Building

31  Commission, as part of the Building Code Training Program

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    Florida House of Representatives - 1999                 HB 955

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  1  established in s. 553.841, specific to the discipline, and

  2  successfully completed the program's core curriculum courses

  3  or passed an equivalency test in lieu of taking the core

  4  curriculum courses and provided proof of completion of such

  5  curriculum courses or examination and obtained a certificate

  6  from the board pursuant to this part or, pursuant to

  7  authorization by the certifying authority, provides proof of

  8  completion of such curriculum or coursework within 6 months

  9  after such certification; and

10         (d)  Has not had a license suspended or revoked within

11  the last 5 years.

12         (2)  The board may issue to any individual who meets

13  the criteria set forth in subsection (1) a journeyman

14  certificate allowing the holder to work as a journeyman in any

15  county or municipality in this state without taking an

16  additional examination or paying any additional license fee.

17         (3)(a)  The board may charge a biennial certification

18  fee not to exceed $100 and an application fee not to exceed

19  $50.

20         (b)(2)  A local government may charge a registration

21  fee for reciprocity, not to exceed $25.

22         (4)  A county or municipality may discipline a

23  journeyman certificateholder for any misconduct or negligence

24  related to the practice of the journeyman's trade.

25         (5)  Any person who fraudulently represents that he or

26  she meets the criteria for journeyman certification or

27  registration or that he or she holds a journeyman certificate

28  or registration commits a felony of the third degree,

29  punishable as provided in s. 775.082 or s. 775.083.

30         Section 3.  Section 489.5335, Florida Statutes, 1998

31  Supplement, is amended to read:

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    Florida House of Representatives - 1999                 HB 955

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  1         489.5335  Journeyman; reciprocity; standards.--

  2         (1)  An individual who holds a valid, active journeyman

  3  license in the electrical trade issued by any county or

  4  municipality in this state may work as a journeyman in any

  5  other county or municipality of this state without taking an

  6  additional examination or paying an additional license fee, if

  7  he or she:

  8         (a)  Has scored at least 70 percent, or after October

  9  1, 1997, at least 75 percent, on a proctored journeyman Block

10  and Associates examination or other proctored examination

11  approved by the board for the electrical trade;

12         (b)  Has completed an apprenticeship program registered

13  with the Department of Labor and Employment Security and

14  demonstrates 4 years' verifiable practical experience in the

15  electrical trade, or demonstrates 6 years' verifiable

16  practical experience in the electrical trade;

17         (c)  Has satisfactorily completed specialized and

18  advanced module coursework approved by the Florida Building

19  Commission, as part of the Building Code Training Program

20  established in s. 553.841, specific to the discipline, and

21  successfully completed the program's core curriculum courses

22  or passed an equivalency test in lieu of taking the core

23  curriculum courses and provided proof of completion of such

24  curriculum courses or examination and obtained a certificate

25  from the board pursuant to this part or, pursuant to

26  authorization by the certifying authority, provides proof of

27  completion of such curriculum or coursework within 6 months

28  after such certification; and

29         (d)  Has not had a license suspended or revoked within

30  the last 5 years.

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    Florida House of Representatives - 1999                 HB 955

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  1         (2)  The board may issue to any individual who meets

  2  the criteria set forth in subsection (1) a journeyman

  3  certificate allowing the holder to work as a journeyman in any

  4  county or municipality in this state without taking an

  5  additional examination or paying any additional license fee.

  6         (3)(a)  The board may charge a biennial certification

  7  fee not to exceed $100 and an application fee not to exceed

  8  $50.

  9         (b)(2)  A local government may charge a registration

10  fee for reciprocity, not to exceed $25.

11         (4)  A county or municipality may discipline a

12  journeyman certificateholder for any misconduct or negligence

13  related to the practice of the journeyman's trade.

14         (5)  Any person who fraudulently represents that he or

15  she meets the criteria for journeyman certification or

16  registration or that he or she holds a journeyman certificate

17  or registration commits a felony of the third degree,

18  punishable as provided in s. 775.082 or s. 775.083.

19         Section 4.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 955

    574-147A-99






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  2                          HOUSE SUMMARY

  3
      Defines the term "field work" for purposes of provisions
  4    relating to construction contracting, and redefines the
      term "contracting" to include reference thereto.
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  6    Authorizes the Construction Industry Licensing Board and
      the Electrical Contractors' Licensing Board to issue
  7    journeyman certification to allow journeymen in the
      plumbing/pipe fitting, mechanical, HVAC, and electrical
  8    trades, as applicable, to work in any county or
      municipality in this state without taking an additional
  9    examination or paying any additional license fee.
      Provides for application and certification fees.
10    Authorizes any county or municipality to discipline a
      certificateholder for misconduct or negligence related to
11    the practice of the journeyman's trade. Provides that
      fraudulent representation with respect to meeting the
12    criteria for journeyman certification or registration or
      holding a journeyman certificate or registration is a
13    third degree felony.

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