CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1064
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Mitchell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, before line 1,
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16 insert:
17 Section 3. Subsection (1) of section 399.061, Florida
18 Statutes, is amended to read:
19 399.061 Inspections; correction of deficiencies.--
20 (1)(a) All For those elevators subject to this chapter
21 must be inspected pursuant to s. 399.13 by a third-party
22 inspection service certified as a Qualified Elevator Inspector
23 or maintained pursuant to a service maintenance contract
24 continuously in force. A statement verifying the existence,
25 performance, and cancellation of each service maintenance
26 contract must be filed annually with the division as
27 prescribed by rule. All elevators for which a service
28 maintenance contract is not continuously in force, the
29 division shall inspect such elevators at least once between
30 July 1 of any year and June 30 of the next year, the state's
31 fiscal year.
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1 (b) When a service maintenance contract is
2 continuously maintained with an elevator company, the division
3 shall verify with the elevator company before the end of each
4 fiscal year that the contract is in force and is being
5 implemented. An elevator covered by such a service
6 maintenance contract shall be inspected by a
7 certificate-of-competency holder state elevator inspector at
8 least once every 2 fiscal years; however, if the elevator is
9 not an escalator or a dumbwaiter and the elevator serves only
10 two adjacent floors and is covered by a service maintenance
11 contract, no inspection shall be required so long as the
12 service contract remains in effect.
13 (b)(c) The division may inspect an elevator whenever
14 necessary to ensure its safe operation.
15 Section 4. Subsections (2) and (6) of section 468.603,
16 Florida Statutes, are amended, and subsection (8) is added to
17 that section, to read:
18 468.603 Definitions.--As used in this part:
19 (2) "Building code inspector" or "inspector" means any
20 of those employees of local governments or state agencies with
21 building construction regulation responsibilities who
22 themselves conduct inspections of building construction,
23 erection, repair, addition, or alteration projects that
24 require permitting indicating compliance with building,
25 plumbing, mechanical, electrical, gas, fire prevention,
26 energy, accessibility, and other construction codes as
27 required by state law or municipal or county ordinance.
28 (6) "Categories of building code inspectors" include
29 the following:
30 (a) "Building inspector" means a person who is
31 qualified to inspect and determine that buildings and
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1 structures are constructed in accordance with the provisions
2 of the governing building codes and state accessibility laws.
3 (b) "Coastal construction inspector" means a person
4 who is qualified to inspect and determine that buildings and
5 structures are constructed to resist near-hurricane and
6 hurricane velocity winds in accordance with the provisions of
7 the governing building code.
8 (c) "Commercial electrical inspector" means a person
9 who is qualified to inspect and determine the electrical
10 safety of commercial buildings and structures by inspecting
11 for compliance with the provisions of the National Electrical
12 Code.
13 (d) "Residential electrical inspector" means a person
14 who is qualified to inspect and determine the electrical
15 safety of one and two family dwellings and accessory
16 structures by inspecting for compliance with the applicable
17 provisions of the governing electrical code.
18 (e) "Mechanical inspector" means a person who is
19 qualified to inspect and determine that the mechanical
20 installations and systems for buildings and structures are in
21 compliance with the provisions of the governing mechanical
22 code.
23 (f) "Plumbing inspector" means a person who is
24 qualified to inspect and determine that the plumbing
25 installations and systems for buildings and structures are in
26 compliance with the provisions of the governing plumbing code.
27 (g) "One and two family dwelling inspector" means a
28 person who is qualified to inspect and determine that one and
29 two family dwellings and accessory structures are constructed
30 in accordance with the provisions of the governing building,
31 plumbing, mechanical, accessibility, and electrical codes.
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1 (h) "Electrical inspector" means a person who is
2 qualified to inspect and determine the electrical safety of
3 commercial and residential buildings and accessory structures
4 by inspecting for compliance with the provisions of the
5 National Electrical Code.
6 (8) "Building code enforcement official" or
7 "enforcement official" means a licensed building code
8 administrator, building code inspector, or plans examiner.
9 Section 5. Section 468.604, Florida Statutes, is
10 amended to read:
11 468.604 Responsibilities of building code
12 administrators, plans examiners, and building code
13 inspectors.--
14 (1) It is the responsibility of the building code
15 administrator or building official to administrate, supervise,
16 direct, enforce, or perform the permitting and inspection of
17 construction, alteration, repair, remodeling, or demolition of
18 structures and the installation of building systems within the
19 boundaries of their governmental jurisdiction, when permitting
20 is required, to ensure compliance with building, plumbing,
21 mechanical, electrical, gas fuel, energy conservation,
22 accessibility, and other construction codes which are required
23 or adopted by municipal code, county ordinance, or state law.
24 The building code administrator or building official shall
25 faithfully perform these responsibilities without interference
26 from any person. These responsibilities include:
27 (a) The review of construction plans to ensure
28 compliance with all applicable codes. The construction plans
29 must be reviewed before the issuance of any building, system
30 installation, or other construction permit. The review of
31 construction plans must be done by the building code
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1 administrator or building official or by a person having the
2 appropriate plans examiner license issued under this chapter.
3 (b) The inspection of each phase of construction where
4 a building or other construction permit has been issued. The
5 building code administrator or building official, or a person
6 having the appropriate building code inspector license issued
7 under this chapter, shall inspect the construction or
8 installation to ensure that the work is performed in
9 accordance with applicable codes.
10 (2) It is the responsibility of the building code
11 inspector to conduct inspections of construction, alteration,
12 repair, remodeling, or demolition of structures and the
13 installation of building systems, when permitting is required,
14 to ensure compliance with building, plumbing, mechanical,
15 electrical, gas fuel, energy conservation, accessibility, and
16 other construction codes required by municipal code, county
17 ordinance, or state law. Each building code inspector must be
18 licensed in the appropriate category as defined in s. 468.603.
19 The building code inspector's responsibilities must be
20 performed under the direction of the building code
21 administrator or building official without interference from
22 any unlicensed person.
23 (3) It is the responsibility of the plans examiner to
24 conduct review of construction plans submitted in the permit
25 application to assure compliance with all applicable codes
26 required by municipal code, county ordinance, or state law.
27 The review of construction plans must be done by the building
28 code administrator or building official or by a person
29 licensed in the appropriate plans examiner category as defined
30 in s. 468.603. The plans examiner's responsibilities must be
31 performed under the supervision and authority of the building
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1 code administrator or building official without interference
2 from any unlicensed person.
3 Section 6. Paragraph (c) of subsection (2) of section
4 468.605, Florida Statutes, is amended to read:
5 468.605 Florida Building Code Administrators and
6 Inspectors Board.--
7 (2) The board shall consist of nine members, as
8 follows:
9 (c) Two members serving as building code inspectors.
10
11 None of the board members described in paragraph (a) or
12 paragraph (f) may be an employee of a municipal, county, or
13 state governmental agency.
14 Section 7. Section 468.607, Florida Statutes, is
15 amended to read:
16 468.607 Certification of building code administration
17 and inspection personnel.--The board shall issue a certificate
18 to any individual whom the board determines to be qualified,
19 within such class and level as provided in this part and with
20 such limitations as the board may place upon it. No person
21 may be employed by a state agency or local governmental
22 authority to perform the duties of a building code
23 administrator, plans examiner, or building code inspector
24 after October 1, 1993, without possessing the proper valid
25 certificate issued in accordance with the provisions of this
26 part.
27 Section 8. Section 468.609, Florida Statutes, is
28 amended to read:
29 468.609 Administration of this part; standards for
30 certification; additional categories of certification.--
31 (1) Except as provided in this part, any person who
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1 desires to be certified shall apply to the board, in writing
2 upon forms approved and furnished by the board, to take the
3 certification examination.
4 (2) A person shall be entitled to take the examination
5 for certification as a building code an inspector or plans
6 examiner pursuant to this part if the person:
7 (a) Is at least 18 years of age;
8 (b) Is of good moral character; and
9 (c) Meets eligibility requirements according to one of
10 the following criteria:
11 1. Demonstrates 5 years' combined experience in the
12 field of construction or a related field, building code
13 inspection, or plans review corresponding to the certification
14 category sought;
15 2. Demonstrates a combination of postsecondary
16 education in the field of construction or a related field and
17 experience which totals 4 years, with at least 1 year of such
18 total being experience in construction, building code
19 inspection, or plans review;
20 3. Demonstrates a combination of technical education
21 in the field of construction or a related field and experience
22 which totals 4 years, with at least 1 year of such total being
23 experience in construction, building code inspection, or plans
24 review; or
25 4. Currently holds a standard certificate as issued by
26 the board and satisfactorily completes a building code an
27 inspector or plans examiner training program of not less than
28 200 hours in the certification category sought. The board
29 shall establish by rule criteria for the development and
30 implementation of the training programs.
31 (d) Demonstrates successful completion of the core
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1 curriculum and specialized or advanced module coursework
2 approved by the Florida Building Commission, as part of the
3 Building Code Training Program established pursuant to s.
4 553.841, appropriate to the licensing category sought or,
5 pursuant to authorization by the certifying authority,
6 provides proof of completion of such curriculum or coursework
7 within 6 months after such certification.
8 (3) A person shall be entitled to take the examination
9 for certification as a building code administrator pursuant to
10 this part if the person:
11 (a) Is at least 18 years of age;
12 (b) Is of good moral character; and
13 (c) Meets eligibility requirements according to one of
14 the following criteria:
15 1. Demonstrates 10 years' combined experience as an
16 architect, engineer, plans examiner, building code inspector,
17 registered or certified contractor, or construction
18 superintendent, with at least 5 years of such experience in
19 supervisory positions; or
20 2. Demonstrates a combination of postsecondary
21 education in the field of construction or related field, no
22 more than 5 years of which may be applied, and experience as
23 an architect, engineer, plans examiner, building code
24 inspector, registered or certified contractor, or construction
25 superintendent which totals 10 years, with at least 5 years of
26 such total being experience in supervisory positions.
27 (d) Demonstrates successful completion of the core
28 curriculum and specialized or advanced module coursework
29 approved by the Florida Building Commission, as part of the
30 Building Code Training Program established pursuant to s.
31 553.841, appropriate to the licensing category sought or,
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1 pursuant to authorization by the certifying authority,
2 provides proof of completion of such curriculum or coursework
3 within 6 months after such certification.
4 (4) No person may engage in the duties of a building
5 code administrator, plans examiner, or building code inspector
6 pursuant to this part after October 1, 1993, unless such
7 person possesses one of the following types of certificates,
8 currently valid, issued by the board attesting to the person's
9 qualifications to hold such position:
10 (a) A standard certificate.
11 (b) A limited certificate.
12 (c) A provisional certificate.
13 (5)(a) To obtain a standard certificate, an individual
14 must pass an examination approved by the board which
15 demonstrates that the applicant has fundamental knowledge of
16 the state laws and codes relating to the construction of
17 buildings for which the applicant has building code
18 administration, plans examination examining, or building code
19 inspection responsibilities. It is the intent of the
20 Legislature that the examination approved for certification
21 pursuant to this part be substantially equivalent to the
22 examinations administered by the Southern Building Code
23 Congress International or the International Code Council, the
24 Building Officials Association of Florida, the South Florida
25 Building Code (Dade and Broward), and the Council of American
26 Building Officials.
27 (b) A standard certificate shall be issued to each
28 applicant who successfully completes the examination, which
29 certificate authorizes the individual named thereon to
30 practice throughout the state as a building code
31 administrator, plans examiner, or building code inspector
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1 within such class and level as is specified by the board.
2 (c) The board may accept proof that the applicant has
3 passed an examination which is substantially equivalent to the
4 board-approved examination set forth in this section.
5 (6)(a) A building code administrator, plans examiner,
6 or building code inspector holding office on July 1, 1993,
7 shall not be required to possess a standard certificate as a
8 condition of tenure or continued employment, but shall be
9 required to obtain a limited certificate as described in this
10 subsection.
11 (b) By October 1, 1993, individuals who were employed
12 on July 1, 1993, as building code administrators, plans
13 examiners, or building code inspectors, who are not eligible
14 for a standard certificate, but who wish to continue in such
15 employment, shall submit to the board the appropriate
16 application and certification fees and shall receive a limited
17 certificate qualifying them to engage in building code
18 administration, plans examination, or building code inspection
19 in the class, at the performance level, and within the
20 governmental jurisdiction in which such person is employed.
21 (c) The limited certificate shall be valid only as an
22 authorization for the building code administrator, plans
23 examiner, or building code inspector to continue in the
24 position held, and to continue performing all functions
25 assigned to that position, on July 1, 1993.
26 (d) A building code administrator, plans examiner, or
27 building code inspector holding a limited certificate can be
28 promoted to a position requiring a higher level certificate
29 only upon issuance of a standard certificate or provisional
30 certificate appropriate for such new position.
31 (7)(a) The board may provide for the issuance of
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1 provisional certificates valid for such period, not less than
2 3 years 1 year nor more than 5 3 years, as specified by board
3 rule, to any newly employed or promoted building code
4 inspector or plans examiner who meets the eligibility
5 requirements described in subsection (2) and any newly
6 employed or promoted building code administrator who meets the
7 eligibility requirements described in subsection (3) building
8 code administrator, plans examiner, or inspector.
9 (b) No building code administrator, plans examiner, or
10 building code inspector may have a provisional certificate
11 extended beyond the specified period by renewal or otherwise.
12 (c) The board may provide for appropriate levels of
13 provisional certificates and may issue these certificates with
14 such special conditions or requirements relating to the place
15 of employment of the person holding the certificate, the
16 supervision of such person on a consulting or advisory basis,
17 or other matters as the board may deem necessary to protect
18 the public safety and health.
19 (d) A newly employed or hired person may perform the
20 duties of a plans examiner or building code inspector for 90
21 days if a provisional certificate application has been
22 submitted, provided such person is under the direct
23 supervision of a certified building code administrator who
24 holds a standard certification and who has found such person
25 qualified for a provisional certificate. However, direct
26 supervision and the determination of qualifications under this
27 paragraph may be provided by a building code administrator who
28 holds a limited or provisional certificate in any county with
29 a population of less than 75,000 and in any municipality
30 located within such a county.
31 (8)(a) Any individual who holds a valid certificate
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1 under the provisions of s. 553.795, or who has successfully
2 completed all requirements for certification pursuant to such
3 section, shall be deemed to have satisfied the requirements
4 for receiving a standard certificate prescribed by this part.
5 (b) Any individual who holds a valid certificate
6 issued by the Southern Building Code Congress International,
7 the Building Officials Association of Florida, the South
8 Florida Building Code (Dade and Broward), or the Council of
9 American Building Officials certification programs, or who has
10 been approved for certification under one of those programs
11 not later than October 1, 1995, shall be deemed to have
12 satisfied the requirements for receiving a standard
13 certificate in the corresponding category prescribed by this
14 part. Employees of counties with a population of less than
15 50,000, or employees of municipalities with a population of
16 less than 3,500, shall be deemed to have satisfied the
17 requirements for standard certification where such employee is
18 approved for certification under one of the programs set forth
19 in this paragraph not later than October 1, 1998.
20 (8)(9) Any individual applying to the board may be
21 issued a certificate valid for multiple building code
22 inspection classes, as deemed appropriate by the board.
23 (9)(10) Certification and training classes may be
24 developed in coordination with degree career education
25 centers, community colleges, the State University System, or
26 other entities offering certification and training classes.
27 (10)(11) The board may by rule create categories of
28 certification in addition to those defined in s. 468.603(6)
29 and (7). Such certification categories shall not be mandatory
30 and shall not act to diminish the scope of any certificate
31 created by statute.
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1 Section 9. Section 468.617, Florida Statutes, is
2 amended to read:
3 468.617 Joint building code inspection department;
4 other arrangements.--
5 (1) Nothing in this part shall prohibit any local
6 jurisdiction from entering into and carrying out contracts
7 with any other local jurisdiction under which the parties
8 agree to create and support a joint building code inspection
9 department for conforming to the provisions of this part. In
10 lieu of a joint building code inspection department, any local
11 jurisdiction may designate a building code an inspector from
12 another local jurisdiction to serve as a building code an
13 inspector for the purposes of this part.
14 (2) Nothing in this part shall prohibit local
15 governments from contracting with persons certified pursuant
16 to this part to perform building code inspections or plan
17 reviews. An individual or entity may not inspect or examine
18 plans on projects in which the individual or entity designed
19 or permitted the projects.
20 (3) Nothing in this part shall prohibit any county or
21 municipal government from entering into any contract with any
22 person or entity for the provision of building code inspection
23 services regulated under this part, and notwithstanding any
24 other statutory provision, such county or municipal
25 governments may enter into contracts.
26 Section 10. Section 468.619, Florida Statutes, is
27 created to read:
28 468.619 Enforcement officials bill of rights.--
29 (1) It is the finding of this legislature that
30 building administrators and officials, inspectors, and plans
31 examiners are employed by local jurisdictions to exercise
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1 police powers of the state in the course of their duties, and
2 are in that way similar to law enforcement personnel,
3 corrections officers, and firemen. It is the further finding
4 of this legislature that building officials, inspectors, and
5 plans examiners are thereby sufficiently distinguished from
6 other professionals regulated under the department that their
7 circumstances merit additional specific protections in the
8 course of disciplinary investigation and proceedings against
9 their licenses.
10 (2) All enforcement officials licensed pursuant to
11 this part have the rights and privileges specified in this
12 section. The rights are not exclusive to other rights, and an
13 enforcement official does not forfeit any rights otherwise
14 held under federal, state, or local laws. In any instance of
15 conflict between this section and chapter 455, this section
16 supersedes chapter 455.
17 (3) Whenever an enforcement official is subjected to
18 an investigative interview for possible disciplinary action by
19 the department, the interview must be conducted pursuant to
20 the terms of this subsection.
21 (a) Any interview must take place at a reasonable
22 hour. If the interview is taken in person, it must take place
23 not more than 30 miles from where the licensee works, or at
24 any other mutually agreeable location or time.
25 (b) An enforcement official may not be subjected to an
26 interview without first receiving written notice of sufficient
27 details of the complaint in order to reasonably apprise the
28 enforcement official of the nature of the investigation,
29 including the substance of the allegations made. The
30 enforcement official must be informed before the interview of
31 the origin of the complaint.
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1 (c) At the request of the enforcement official under
2 investigation, he or she has the right to be represented by
3 counsel or by any other representative of his or her choice,
4 who shall be present at such time as the enforcement official
5 wishes during the interview.
6 (d) During the interview, the enforcement official may
7 not be subjected to offensive language. A promise or reward
8 may not be made as an inducement to answer any questions.
9 (e) If requested by the enforcement official, the
10 interview of an enforcement official, including notation of
11 all recess periods, shall be recorded on audio tape, or
12 otherwise preserved in such a manner as to allow a transcript
13 to be prepared, and there shall be no unrecorded questions or
14 statements. Upon the request of the enforcement official, a
15 copy of any recording of the session must be made available to
16 the enforcement official no later than 72 hours following the
17 interview, excluding holidays and weekends. The expense of the
18 recording and transcript shall be borne by the enforcement
19 official.
20 (f) If the testimony is transcribed, the transcript
21 shall be furnished to the enforcement official for
22 examination, and shall be read to or by the enforcement
23 official, unless waived by the parties. Any changes in form or
24 substance that the enforcement official wants to make shall be
25 listed in writing, with a statement of the reasons for making
26 the changes. The changes must be attached to the transcript.
27 Any transcript of an interview with an enforcement official
28 which is to be used in any proceeding against the enforcement
29 official shall be sworn or affirmed to and acknowledged by the
30 enforcement official.
31 (4) Failure to comply with this subsection shall mean
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1 that no action may be taken against the enforcement official
2 pursuant to the complaint. An investigation by the department
3 may not be reopened against an enforcement official on the
4 basis of a complaint dismissed for the reasons outlined in
5 this subsection. However, in any instance of an additional
6 complaint being initiated, information or investigation
7 related to the dismissed complaint may be used.
8 (a) The investigating party must inform the
9 enforcement official of any legally sufficient complaints
10 received, including the substance of the allegation, within 10
11 days of the receipt of the complaint by the agency.
12 (b) The enforcement official shall be given 30 days to
13 respond to any legally sufficient complaint.
14 (c) No more than 180 days from the date of the receipt
15 of the complaint, the department shall submit the
16 investigation whether complete or not to the probable cause
17 panel for review. If the investigation is not complete, the
18 probable cause panel shall review and instruct the department
19 to complete the investigation within a time certain and, in no
20 event, greater than 90 days or dismiss the complaint with
21 prejudice.
22 (5) The enforcement official shall be considered an
23 agent of the government entity employing him or her, and as
24 such will be defended by that jurisdiction in any action
25 brought by the department or the board, if the employee is
26 working within the scope of his or her employment.
27 (6) An enforcement official is not at risk for
28 disciplinary action in regards to his or her certification for
29 exercising his or her rights under this section.
30 (7) Any action taken against the enforcement official
31 by the department or the board found to be without merit by a
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1 court of competent jurisdiction, or when judgement is awarded
2 to the enforcement official, the department or board or their
3 assignees shall reimburse the enforcement official or his or
4 her employer, as appropriate, for reasonable legal costs
5 incurred. The amounts awarded may not exceed the limits
6 provided in s. 120.595.
7 (8) Every enforcement official has the right to bring
8 civil suit against any person, group of persons, or
9 organization or corporation, or the head of such organization
10 or corporation, for damages, either pecuniary or otherwise
11 suffered pursuant to the performance of the enforcement
12 official's duties or for abridgement of the enforcement
13 official's civil rights arising out of the enforcement
14 official's performance of official duties.
15 (9) Notwithstanding any other provision of law, while
16 under investigation the enforcement official may not be denied
17 any rights and privileges of a licensee in good standing.
18 Section 11. Subsection (3) of section 468.621, Florida
19 Statutes, is amended to read:
20 468.621 Disciplinary proceedings.--
21 (3) Where a certificate is suspended, placed on
22 probation, or has conditions imposed, the board shall
23 reinstate the certificate of a disciplined building code
24 administrator, plans examiner, or building code inspector upon
25 proof the disciplined individual has complied with all terms
26 and conditions set forth in the final order.
27 Section 12. Subsections (2), (3), and (4) of section
28 468.627, Florida Statutes, are amended to read:
29 468.627 Application; examination; renewal; fees.--
30 (2) The initial application fee may not exceed $25 for
31 building code administrators, plans examiners, or building
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1 code inspectors.
2 (3) The initial examination fee may not exceed $150
3 for building code administrators, plans examiners, or building
4 code inspectors.
5 (4) Employees of local government agencies having
6 responsibility for building code inspection, building
7 construction regulation, and enforcement of building,
8 plumbing, mechanical, electrical, gas, fire prevention,
9 energy, accessibility, and other construction codes shall pay
10 no application fees or examination fees.
11 Section 13. Section 468.631, Florida Statutes, is
12 amended to read:
13 468.631 Building Code Administrators and Inspectors
14 Fund.--The provisions of this part shall be funded through a
15 surcharge, to be assessed pursuant to s. 125.56(4) or s.
16 166.201 at the rate of one-half cent per square foot of
17 under-roof floor space permitted, including new construction,
18 renovations, alterations, and additions. The unit of
19 government responsible for collecting permit fees pursuant to
20 s. 125.56(4) or s. 166.201 shall collect such surcharge and
21 shall remit the funds to the department on a quarterly
22 calendar basis beginning not later than December 31, 1993, for
23 the preceding quarter, and continuing each third month
24 thereafter; and such unit of government may retain an amount
25 up to 10 percent of the surcharge collected to fund projects
26 and activities intended to improve the quality of building
27 code enforcement. There is created within the Professional
28 Regulation Trust Fund a separate account to be known as the
29 Building Code Administrators and Inspectors Fund, which shall
30 deposit and disburse funds as necessary for the implementation
31 of this part. The department shall annually establish the
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1 amount needed to fund the certification and regulation of
2 building code administrators, plans examiners, and building
3 code inspectors. Any funds collected in excess of the amount
4 needed to adequately fund the certification and regulation of
5 building code administrators, plans examiners, and building
6 code inspectors shall be deposited into the Construction
7 Industries Recovery Fund established by s. 489.140. If the
8 Construction Industries Recovery Fund is fully funded as
9 provided by s. 489.140, any remaining funds shall be
10 distributed to the Construction Industry Licensing Board for
11 use in the regulation of certified and registered contractors.
12 Section 14. Subsection (1) of section 468.633, Florida
13 Statutes, is amended to read:
14 468.633 Authority of local government.--
15 (1) Nothing in this part may be construed to restrict
16 the authority of local governments to require as a condition
17 of employment that building code administrators, plans
18 examiners, and building code inspectors possess qualifications
19 beyond the requirements for certification contained in this
20 part.
21 Section 15. Paragraph (a) of subsection (1) of section
22 112.3145, Florida Statutes, is amended to read:
23 112.3145 Disclosure of financial interests and clients
24 represented before agencies.--
25 (1) For purposes of this section, unless the context
26 otherwise requires, the term:
27 (a) "Local officer" means:
28 1. Every person who is elected to office in any
29 political subdivision of the state, and every person who is
30 appointed to fill a vacancy for an unexpired term in such an
31 elective office.
19
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1 2. Any appointed member of a board; commission;
2 authority, including any expressway authority or
3 transportation authority established by general law; community
4 college district board of trustees; or council of any
5 political subdivision of the state, excluding any member of an
6 advisory body. A governmental body with land-planning, zoning,
7 or natural resources responsibilities shall not be considered
8 an advisory body.
9 3. Any person holding one or more of the following
10 positions: mayor; county or city manager; chief administrative
11 employee of a county, municipality, or other political
12 subdivision; county or municipal attorney; chief county or
13 municipal building code inspector; county or municipal water
14 resources coordinator; county or municipal pollution control
15 director; county or municipal environmental control director;
16 county or municipal administrator, with power to grant or deny
17 a land development permit; chief of police; fire chief;
18 municipal clerk; district school superintendent; community
19 college president; district medical examiner; or purchasing
20 agent having the authority to make any purchase exceeding the
21 threshold amount provided for in s. 287.017 for CATEGORY ONE,
22 on behalf of any political subdivision of the state or any
23 entity thereof.
24 Section 16. Subsection (3) of section 125.56, Florida
25 Statutes, is amended to read:
26 125.56 Adoption or amendment of building code;
27 inspection fees; inspectors; etc.--
28 (3) The board of county commissioners of each of the
29 several counties may employ a building code inspector and such
30 other personnel as it deems necessary to carry out the
31 provisions of this act and may pay reasonable salaries for
20
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1 such services.
2 Section 17. Paragraph (g) of subsection (5) of section
3 212.08, Florida Statutes, is amended to read:
4 212.08 Sales, rental, use, consumption, distribution,
5 and storage tax; specified exemptions.--The sale at retail,
6 the rental, the use, the consumption, the distribution, and
7 the storage to be used or consumed in this state of the
8 following are hereby specifically exempt from the tax imposed
9 by this chapter.
10 (5) EXEMPTIONS; ACCOUNT OF USE.--
11 (g) Building materials used in the rehabilitation of
12 real property located in an enterprise zone.--
13 1. Beginning July 1, 1995, building materials used in
14 the rehabilitation of real property located in an enterprise
15 zone shall be exempt from the tax imposed by this chapter upon
16 an affirmative showing to the satisfaction of the department
17 that the items have been used for the rehabilitation of real
18 property located in an enterprise zone. Except as provided in
19 subparagraph 2., this exemption inures to the owner, lessee,
20 or lessor of the rehabilitated real property located in an
21 enterprise zone only through a refund of previously paid
22 taxes. To receive a refund pursuant to this paragraph, the
23 owner, lessee, or lessor of the rehabilitated real property
24 located in an enterprise zone must file an application under
25 oath with the governing body or enterprise zone development
26 agency having jurisdiction over the enterprise zone where the
27 business is located, as applicable, which includes:
28 a. The name and address of the person claiming the
29 refund.
30 b. An address and assessment roll parcel number of the
31 rehabilitated real property in an enterprise zone for which a
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1 refund of previously paid taxes is being sought.
2 c. A description of the improvements made to
3 accomplish the rehabilitation of the real property.
4 d. A copy of the building permit issued for the
5 rehabilitation of the real property.
6 e. A sworn statement, under the penalty of perjury,
7 from the general contractor licensed in this state with whom
8 the applicant contracted to make the improvements necessary to
9 accomplish the rehabilitation of the real property, which
10 statement lists the building materials used in the
11 rehabilitation of the real property, the actual cost of the
12 building materials, and the amount of sales tax paid in this
13 state on the building materials. In the event that a general
14 contractor has not been used, the applicant shall provide this
15 information in a sworn statement, under the penalty of
16 perjury. Copies of the invoices which evidence the purchase of
17 the building materials used in such rehabilitation and the
18 payment of sales tax on the building materials shall be
19 attached to the sworn statement provided by the general
20 contractor or by the applicant. Unless the actual cost of
21 building materials used in the rehabilitation of real property
22 and the payment of sales taxes due thereon is documented by a
23 general contractor or by the applicant in this manner, the
24 cost of such building materials shall be an amount equal to 40
25 percent of the increase in assessed value for ad valorem tax
26 purposes.
27 f. The identifying number assigned pursuant to s.
28 290.0065 to the enterprise zone in which the rehabilitated
29 real property is located.
30 g. A certification by the local building code
31 inspector that the improvements necessary to accomplish the
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1 rehabilitation of the real property are substantially
2 completed.
3 h. Whether the business is a small business as defined
4 by s. 288.703(1).
5 i. If applicable, the name and address of each
6 permanent employee of the business, including, for each
7 employee who is a resident of an enterprise zone, the
8 identifying number assigned pursuant to s. 290.0065 to the
9 enterprise zone in which the employee resides.
10 2. This exemption inures to a city, county, or other
11 governmental agency through a refund of previously paid taxes
12 if the building materials used in the rehabilitation of real
13 property located in an enterprise zone are paid for from the
14 funds of a community development block grant or similar grant
15 or loan program. To receive a refund pursuant to this
16 paragraph, a city, county, or other governmental agency must
17 file an application which includes the same information
18 required to be provided in subparagraph 1. by an owner,
19 lessee, or lessor of rehabilitated real property. In addition,
20 the application must include a sworn statement signed by the
21 chief executive officer of the city, county, or other
22 governmental agency seeking a refund which states that the
23 building materials for which a refund is sought were paid for
24 from the funds of a community development block grant or
25 similar grant or loan program.
26 3. Within 10 working days after receipt of an
27 application, the governing body or enterprise zone development
28 agency shall review the application to determine if it
29 contains all the information required pursuant to subparagraph
30 1. or subparagraph 2. and meets the criteria set out in this
31 paragraph. The governing body or agency shall certify all
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Amendment No.
1 applications that contain the information required pursuant to
2 subparagraph 1. or subparagraph 2. and meet the criteria set
3 out in this paragraph as eligible to receive a refund. If
4 applicable, the governing body or agency shall also certify if
5 20 percent of the employees of the business are residents of
6 an enterprise zone, excluding temporary and part-time
7 employees. The certification shall be in writing, and a copy
8 of the certification shall be transmitted to the executive
9 director of the Department of Revenue. The applicant shall be
10 responsible for forwarding a certified application to the
11 department within the time specified in subparagraph 4.
12 4. An application for a refund pursuant to this
13 paragraph must be submitted to the department within 6 months
14 after the rehabilitation of the property is deemed to be
15 substantially completed by the local building code inspector.
16 5. The provisions of s. 212.095 do not apply to any
17 refund application made pursuant to this paragraph. No more
18 than one exemption through a refund of previously paid taxes
19 for the rehabilitation of real property shall be permitted for
20 any one parcel of real property. No refund shall be granted
21 pursuant to this paragraph unless the amount to be refunded
22 exceeds $500. No refund granted pursuant to this paragraph
23 shall exceed the lesser of 97 percent of the Florida sales or
24 use tax paid on the cost of the building materials used in the
25 rehabilitation of the real property as determined pursuant to
26 sub-subparagraph 1.e. or $5,000, or, if no less than 20
27 percent of the employees of the business are residents of an
28 enterprise zone, excluding temporary and part-time employees,
29 the amount of refund granted pursuant to this paragraph shall
30 not exceed the lesser of 97 percent of the sales tax paid on
31 the cost of such building materials or $10,000. A refund
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1 approved pursuant to this paragraph shall be made within 30
2 days of formal approval by the department of the application
3 for the refund.
4 6. The department shall adopt rules governing the
5 manner and form of refund applications and may establish
6 guidelines as to the requisites for an affirmative showing of
7 qualification for exemption under this paragraph.
8 7. The department shall deduct an amount equal to 10
9 percent of each refund granted under the provisions of this
10 paragraph from the amount transferred into the Local
11 Government Half-cent Sales Tax Clearing Trust Fund pursuant to
12 s. 212.20 for the county area in which the rehabilitated real
13 property is located and shall transfer that amount to the
14 General Revenue Fund.
15 8. For the purposes of the exemption provided in this
16 paragraph:
17 a. "Building materials" means tangible personal
18 property which becomes a component part of improvements to
19 real property.
20 b. "Real property" has the same meaning as provided in
21 s. 192.001(12).
22 c. "Rehabilitation of real property" means the
23 reconstruction, renovation, restoration, rehabilitation,
24 construction, or expansion of improvements to real property.
25 d. "Substantially completed" has the same meaning as
26 provided in s. 192.042(1).
27 9. The provisions of this paragraph shall expire and
28 be void on December 31, 2005.
29 Section 18. Paragraph (a) of subsection (2) of section
30 252.924, Florida Statutes, is amended to read:
31 252.924 Party state responsibilities.--
25
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Amendment No.
1 (2) The authorized representative of a party state may
2 request assistance of another party state by contacting the
3 authorizing representative of that state. The provisions of
4 this agreement shall only apply to requests for assistance
5 made by and to authorized representatives. Requests may be
6 verbal or in writing. If verbal, the request shall be
7 confirmed in writing within 90 days of the verbal request.
8 Requests shall provide the following information:
9 (a) A description of the emergency service function
10 for which assistance is needed, such as, but not limited to,
11 fire services, law enforcement, emergency medical,
12 transportation, communications, public works and engineering,
13 building code inspection, planning and information assistance,
14 mass care, resource support, health and medical services, and
15 search and rescue.
16 Section 19. Paragraph (j) of subsection (3) of section
17 404.056, Florida Statutes, is amended to read:
18 404.056 Environmental radiation standards and
19 programs; radon protection.--
20 (3) CERTIFICATION.--
21 (j) The department may set criteria and requirements
22 for the application, certification, and annual renewal of
23 certification for radon measurement and mitigation businesses,
24 which may include:
25 1. Requirements for measurement devices and
26 measurement procedures, including the disclosure of mitigation
27 materials, systems, and other mitigation services offered.
28 2. The identification of certified specialists and
29 technicians employed by the business and requirements for
30 specialist staffing and duties.
31 3. The analysis of measurement devices by proficient
26
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1 analytical service providers.
2 4. Requirements for a quality assurance and quality
3 control program.
4 5. The disclosure of client measurement reporting
5 forms and warranties and operating instructions for mitigation
6 systems.
7 6. Requirements for radon services publications and
8 the identification of the radon business certification number
9 in advertisements.
10 7. Requirements for a worker health and safety
11 program.
12 8. Requirements for maintaining radon records.
13 9. The operation of branch office locations.
14 10. Requirements for supervising subcontractors who
15 install mitigation systems.
16 11. Requirements for building code inspections and
17 evaluation and standards for the design and installation of
18 mitigation systems.
19 12. Prescribing conditions of mitigation measurements.
20 Section 20. Section 471.045, Florida Statutes, is
21 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 code
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 Building Code Administrators
29 and Inspectors Board under part XII of chapter 468. When
30 performing these building code inspection services, the
31 professional engineer is subject to the disciplinary
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Amendment No.
1 guidelines of this chapter and s. 468.621(1)(c)-(h). Any
2 complaint processing, investigation, and discipline that arise
3 out of a professional engineer's performing building code
4 inspection services shall be conducted by the Board of
5 Professional Engineers rather than the Florida Building Code
6 Administrators and Inspectors Board. A professional engineer
7 may not perform plans review as an employee of a local
8 government upon any job that the professional engineer or the
9 professional engineer's company designed.
10 Section 21. Section 481.222, Florida Statutes, is
11 amended to read:
12 481.222 Architects performing building code inspector
13 duties.--Notwithstanding any other provision of law, a person
14 who is currently licensed to practice as an architect under
15 this part may provide building code inspection services
16 described in s. 468.603(6) and (7) to a local government or
17 state agency upon its request, without being certified by the
18 Florida Building Code Administrators and Inspectors Board
19 under part XII of chapter 468. With respect to the performance
20 of such building code inspection services, the architect is
21 subject to the disciplinary guidelines of this part and s.
22 468.621(1)(c)-(h). Any complaint processing, investigation,
23 and discipline that arise out of an architect's performance of
24 building code inspection services shall be conducted by the
25 Board of Architecture and Interior Design rather than the
26 Florida Building Code Administrators and Inspectors Board. An
27 architect may not perform plans review as an employee of a
28 local government upon any job that the architect or the
29 architect's company designed.
30 Section 22. Paragraph (b) of subsection (18) of
31 section 489.103, Florida Statutes, is amended to read:
28
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Amendment No.
1 489.103 Exemptions.--This part does not apply to:
2 (18) Any one-family, two-family, or three-family
3 residence constructed by Habitat for Humanity International,
4 Inc., or its local affiliates. Habitat for Humanity
5 International, Inc., or its local affiliates, must:
6 (b) Obtain all required building code inspections.
7 Section 23. Paragraphs (j), (k), and (l) of subsection
8 (3) of section 489.105, Florida Statutes, are amended to read:
9 489.105 Definitions.--As used in this part:
10 (3) "Contractor" means the person who is qualified
11 for, and shall only be responsible for, the project contracted
12 for and means, except as exempted in this part, the person
13 who, for compensation, undertakes to, submits a bid to, or
14 does himself or herself or by others construct, repair, alter,
15 remodel, add to, demolish, subtract from, or improve any
16 building or structure, including related improvements to real
17 estate, for others or for resale to others; and whose job
18 scope is substantially similar to the job scope described in
19 one of the subsequent paragraphs of this subsection. For the
20 purposes of regulation under this part, "demolish" applies
21 only to demolition of steel tanks over 50 feet in height;
22 towers over 50 feet in height; other structures over 50 feet
23 in height, other than buildings or residences over three
24 stories tall; and buildings or residences over three stories
25 tall. Contractors are subdivided into two divisions, Division
26 I, consisting of those contractors defined in paragraphs
27 (a)-(c), and Division II, consisting of those contractors
28 defined in paragraphs (d)-(q):
29 (j) "Commercial pool/spa contractor" means a
30 contractor whose scope of work involves, but is not limited
31 to, the construction, repair, and servicing of any swimming
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Amendment No.
1 pool, or hot tub or spa, whether public, private, or
2 otherwise, regardless of use. The scope of work includes,
3 including the installation, repair, or replacement of existing
4 equipment, any cleaning or equipment sanitizing which requires
5 at least a partial disassembling, excluding filter changes,
6 and or the installation of new pool/spa equipment, interior
7 finishes, the installation of package pool heaters, the
8 installation of all perimeter piping and filter piping, and
9 the construction of equipment rooms or housing for pool/spa
10 equipment, as necessary. The scope of such work includes
11 layout, excavation, operation of construction pumps for
12 dewatering purposes, steelwork, installation of light niches,
13 construction of floors, guniting, fiberglassing, installation
14 of tile and coping, installation of all perimeter and filter
15 piping, installation of all filter equipment and chemical
16 feeders of any type, plastering of the interior, construction
17 of decks, construction of equipment rooms or housing for pool
18 equipment, and installation of package pool heaters and also
19 includes the scope of work of a swimming pool/spa servicing
20 contractor. However, The scope of such work does not include
21 direct connections to a sanitary sewer system or to potable
22 water lines. The installation, construction, modification, or
23 replacement of equipment permanently attached to and
24 associated with the pool or spa for the purpose of water
25 treatment or cleaning of the pool or spa requires licensure;
26 however, the usage of such equipment for the purposes of water
27 treatment or cleaning shall not require licensure unless the
28 usage involves construction, modification, or replacement of
29 such equipment. Water treatment that does not require such
30 equipment does not require a license. In addition, a license
31 shall not be required for the cleaning of the pool or spa in
30
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Amendment No.
1 any way that does not affect the structural integrity of the
2 pool or spa or its associated equipment.
3 (k) "Residential pool/spa contractor" means a
4 contractor whose scope of work involves, but is not limited
5 to, the construction, repair, and servicing of any residential
6 swimming pool, or hot tub or spa, regardless of use. The scope
7 of work includes, including the installation, repair, or
8 replacement of existing equipment, any cleaning or equipment
9 sanitizing which requires at least a partial disassembling,
10 excluding filter changes, and or the installation of new
11 pool/spa equipment, interior finishes, the installation of
12 package pool heaters, the installation of all perimeter piping
13 and filter piping, and the construction of equipment rooms or
14 housing for pool/spa equipment, as necessary. The scope of
15 such work includes layout, excavation, operation of
16 construction pumps for dewatering purposes, steelwork,
17 installation of light niches, construction of floors,
18 guniting, fiberglassing, installation of tile and coping,
19 installation of all perimeter and filter piping, installation
20 of all filter equipment and chemical feeders of any type,
21 plastering of the interior, construction of decks,
22 installation of housing for pool equipment, and installation
23 of package pool heaters and also includes the scope of work of
24 a swimming pool/spa servicing contractor. However, The scope
25 of such work does not include direct connections to a sanitary
26 sewer system or to potable water lines. The installation,
27 construction, modification, or replacement of equipment
28 permanently attached to and associated with the pool or spa
29 for the purpose of water treatment or cleaning of the pool or
30 spa requires licensure; however, the usage of such equipment
31 for the purposes of water treatment or cleaning shall not
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Amendment No.
1 require licensure unless the usage involves construction,
2 modification, or replacement of such equipment. Water
3 treatment that does not require such equipment does not
4 require a license. In addition, a license shall not be
5 required for the cleaning of the pool or spa in any way that
6 does not affect the structural integrity of the pool or spa or
7 its associated equipment.
8 (l) "Swimming pool/spa servicing contractor" means a
9 contractor whose scope of work involves, but is not limited
10 to, the repair and the servicing and repair of any swimming
11 pool, or hot tub or spa, whether public or private, or
12 otherwise, regardless of use. The scope of such work includes
13 the repair or may include any necessary piping and repairs,
14 replacement and repair of existing equipment, any cleaning or
15 equipment sanitizing which requires at least a partial
16 disassembling, excluding filter changes, and the or
17 installation of new pool/spa additional equipment, interior
18 refinishing, the reinstallation or addition of pool heaters,
19 the as necessary. The scope of such work includes the
20 reinstallation of tile and coping, repair or and replacement
21 of all perimeter piping and filter piping, the repair of
22 equipment rooms or housing for pool/spa equipment, and the
23 substantial or complete draining of a swimming pool, or hot
24 tub or spa, for the purpose of any repair or renovation. The
25 scope of such work does not include direct connections to a
26 sanitary sewer system or to potable water lines filter
27 equipment, and chemical feeders of any type, replastering,
28 reconstruction of decks, and reinstallation or addition of
29 pool heaters. The installation, construction, modification,
30 substantial or complete disassembly, or replacement of
31 equipment permanently attached to and associated with the pool
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Amendment No.
1 or spa for the purpose of water treatment or cleaning of the
2 pool or spa requires licensure; however, the usage of such
3 equipment for the purposes of water treatment or cleaning
4 shall not require licensure unless the usage involves
5 construction, modification, substantial or complete
6 disassembly, or replacement of such equipment. Water treatment
7 that does not require such equipment does not require a
8 license. In addition, a license shall not be required for the
9 cleaning of the pool or spa in any way that does not affect
10 the structural integrity of the pool or spa or its associated
11 equipment.
12 Section 24. Subsection (7) is added to section
13 489.107, Florida Statutes, to read:
14 489.107 Construction Industry Licensing Board.--
15 (7) Notwithstanding the provisions of s. 20.165(7),
16 the physical offices of the board shall be located in Leon
17 County.
18 Section 25. Section 489.128, Florida Statutes, is
19 amended to read:
20 489.128 Contracts performed by unlicensed contractors
21 unenforceable.--As a matter of public policy, contracts
22 entered into on or after October 1, 1990, and performed in
23 full or in part by any contractor who fails to obtain or
24 maintain a license in accordance with this part shall be
25 unenforceable in law or in equity. However, in the event the
26 contractor obtains or reinstates his or her license, the
27 provisions of this section shall no longer apply.
28 Section 26. Subsections (12) and (15) of section
29 489.503, Florida Statutes, are amended to read:
30 489.503 Exemptions.--This part does not apply to:
31 (12) Any person as defined and licensed under chapter
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1 527 while engaged in work regulated under that chapter.
2 (15) The provision, installation, testing, routine
3 maintenance, factory-servicing, or monitoring of a personal
4 emergency response system, as defined in s. 489.505, by an
5 authorized person who:
6 (a) Is an employee of, or a volunteer supervised by an
7 employee of, a health care facility licensed by the Agency for
8 Health Care Administration;
9 (b) Performs services for the Department of Elderly
10 Affairs;
11 (c) Performs services for the Department of Children
12 and Family Services under chapter 410; or
13 (d) Is an employee of or an authorized representative
14 or distributor for the producer of the personal emergency
15 response system being monitored.
16 Section 27. Section 489.514, Florida Statutes, is
17 amended to read:
18 (Substantial rewording of section. See
19 s. 489.514, F.S., for present text.)
20 489.514 Certification for registered contractors;
21 grandfathering provisions.--
22 (1) The board shall, upon receipt of a completed
23 application and appropriate fee from the applicant and
24 compliance of the applicant with this section:
25 (a) Issue a certification as an electrical contractor,
26 as defined in s. 489.505(12), to any applying registered
27 electrical contractor; or
28 (b) Issue a certification as an alarm system
29 contractor, as defined in s. 489.505(21), (22), or (23), as
30 appropriate, to any applying registered alarm system
31 contractor.
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1 (2) Any contractor registered under this part is
2 qualified to receive a certification as set forth in this
3 section, provided the applicant can show that he or she meets
4 the following requirements:
5 (a) Currently holds a valid registered local license
6 in the category of electrical or alarm system contractor.
7 (b) Has passed a written, proctored examination that
8 the board finds to be either:
9 1. Substantially similar to the examination required
10 to be licensed as a certified contractor under this part; or
11 2. An examination produced by the National Assessment
12 Institute, Block and Associates, or NAI/Block, or an
13 examination substantially similar to one of these three
14 examinations. The board may not impose or make any
15 requirements regarding the nature or content of the National
16 Assessment Institute, Block and Associates, or NAI/Block
17 examination, except that it shall require that the examination
18 passed was a written, proctored examination.
19 (c) Has at least 5 years of experience as a registered
20 electrical or alarm system contractor, or as an inspector or
21 building administrator with oversight over electrical or alarm
22 system contracting, or a combination of the two, at the time
23 of application. For contractors, only time periods in which
24 the contractor license is active and the contractor is not on
25 probation shall count toward the 5 years of experience
26 required under this paragraph.
27 (d) Has not had his or her contractor's license
28 revoked at any time, had his or her contractor's license
29 suspended in the last 5 years, or been assessed a fine in
30 excess of $500 in the last 5 years.
31 (e) Is in compliance with the insurance and financial
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Amendment No.
1 responsibility requirements in s. 489.515(1)(b).
2 (3) Notwithstanding the provisions of s. 489.517(4),
3 technical subjects relating to alarm system contracting shall
4 comprise all of the continuing education required for
5 licensure renewal subsequent to the completion of the first
6 full biennial licensure cycle for persons obtaining
7 certification under this section.
8 Section 28. Paragraph (e) is added to subsection (2)
9 of section 489.5185, Florida Statutes, to read:
10 489.5185 Fire alarm system agents.--
11 (2)
12 (e) Persons who perform only monitoring are not
13 required to complete the training required for fire alarm
14 system agents.
15 Section 29. Subsection (1) of section 489.522, Florida
16 Statutes, is amended to read:
17 489.522 Qualifying agents; responsibilities.--
18 (1)(a) A qualifying agent is a primary qualifying
19 agent unless he or she is a secondary qualifying agent under
20 this section. All primary qualifying agents for a business
21 organization are jointly and equally responsible for
22 supervision of all operations of the business organization;
23 for all field work at all sites; and for financial matters,
24 both for the organization in general and for each specific
25 job.
26 (b) When a qualifying agent ceases to qualify a
27 business, the qualifying agent must transfer the license to
28 another business, qualify himself or herself as an individual,
29 or place the license in an inactive status within 60 days
30 after termination of the qualifying status with the business.
31 Section 30. Subsection (1) of section 489.531, Florida
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Amendment No.
1 Statutes, is amended, present subsection (5) of that section
2 is renumbered as subsection (6) and amended, present
3 subsections (3), (4), (6), and (7) of that section are
4 renumbered as subsections (4), (5), (7), and (8),
5 respectively, and a new subsection (3) is added to that
6 section, to read:
7 489.531 Prohibitions; penalties.--
8 (1) A person may not:
9 (a) Practice contracting unless the person is
10 certified or registered;
11 (b) Use the name or title "electrical contractor" or
12 "alarm system contractor" or words to that effect, or
13 advertise himself or herself or a business organization as
14 available to practice electrical or alarm system contracting,
15 when the person is not then the holder of a valid
16 certification or registration issued pursuant to this part;
17 (c) Present as his or her own the certificate or
18 registration of another;
19 (d) Use or attempt to use a certificate or
20 registration that has been suspended, revoked, or placed on
21 inactive or delinquent status;
22 (e) Employ persons who are not certified or registered
23 to practice contracting;
24 (f) Knowingly give false or forged evidence to the
25 department, the board, or a member thereof;
26 (g) Operate a business organization engaged in
27 contracting after 60 days following the termination of its
28 only qualifying agent without designating another primary
29 qualifying agent;
30 (h) Conceal information relative to violations of this
31 part;
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1 (i) Commence or perform work for which a building
2 permit is required pursuant to part VII of chapter 533 without
3 the building permit being in effect; or
4 (j) Willfully or deliberately disregard or violate any
5 municipal or county ordinance relating to uncertified or
6 unregistered contractors.
7 (3)(a) Any unlicensed person who violates any of the
8 provisions of subsection (1) commits a misdemeanor of the
9 first degree, punishable as provided in s. 775.082 or s.
10 775.083.
11 (b) Any unlicensed person who commits a violation of
12 subsection (1) after having been previously found guilty of
13 such violation commits a felony of the third degree,
14 punishable as provided in s. 775.082 or s. 775.083.
15 (c) Any unlicensed person who commits a violation of
16 subsection (1) during the existence of a state of emergency
17 declared by executive order of the Governor commits a felony
18 of the third degree, punishable as provided in s. 775.082 or
19 s. 775.083.
20
21 The remedies set forth in this subsection are not exclusive
22 and may be imposed in addition to the remedies set forth in s.
23 489.533(2).
24 (6)(5)(a) The local governing body of a county or
25 municipality, or its local enforcement body, is authorized to
26 enforce the provisions of this part as well as its local
27 ordinances against locally licensed or registered contractors,
28 as appropriate. The local jurisdiction enforcement body may
29 conduct disciplinary proceedings against a locally licensed or
30 registered contractor and may require restitution or impose a
31 suspension or revocation of the local license or a fine not to
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1 exceed $5,000, or a combination thereof, against the locally
2 licensed or registered contractor, according to ordinances
3 which a local jurisdiction may enact. In addition, the local
4 jurisdiction may assess reasonable investigative and legal
5 costs for the prosecution of the violation against the
6 registered contractor violator, according to such ordinances
7 as the local jurisdiction may enact.
8 (b) In addition to any action the local jurisdiction
9 enforcement body may take against the individual's local
10 license, and any fine the local jurisdiction may impose, the
11 local jurisdiction enforcement body shall issue a recommended
12 penalty for board action. This recommended penalty may
13 include a recommendation for no further action or a
14 recommendation for suspension, revocation, or restriction of
15 the registration or imposition of a fine to be levied by the
16 board, or a combination thereof. The local jurisdiction
17 enforcement body shall inform the disciplined registered
18 contractor and the complainant of the local license penalty
19 imposed, the board penalty recommended, the rights to appeal,
20 and the consequences should the registered contractor decide
21 not to appeal. The local jurisdiction enforcement body shall,
22 upon having reached adjudication or having accepted a plea of
23 nolo contendere, immediately inform the board of its action
24 and the recommended board penalty.
25 (c) The department, the disciplined registered
26 contractor, or the complainant may challenge the local
27 jurisdiction enforcement body's recommended penalty for board
28 action to the Electrical Contractors' Licensing Board. A
29 challenge shall be filed within 60 days after the issuance of
30 the recommended penalty to the board. If challenged, there is
31 a presumptive finding of probable cause and the case may
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1 proceed without the need for a probable cause hearing.
2 (d) Failure of the department, the disciplined
3 registered contractor, or the complainant to challenge the
4 local jurisdiction's recommended penalty within the time
5 period set forth in this subsection shall constitute a waiver
6 of the right to a hearing before the board. A waiver of the
7 right to a hearing before the board shall be deemed an
8 admission of the violation, and the penalty recommended shall
9 become a final order according to procedures developed by
10 board rule without further board action. The disciplined
11 registered contractor may appeal this board action to the
12 district court.
13 (e) The department may investigate any complaint which
14 is made with the department. However, if the department
15 determines that the complaint against a registered contractor
16 is for an action which a local jurisdiction enforcement body
17 has investigated and reached adjudication or accepted a plea
18 of nolo contendere, including a recommended penalty to the
19 board, the department shall not initiate prosecution for that
20 action, unless the secretary has initiated summary procedures
21 pursuant to s. 455.225(8).
22 (f) Nothing in this subsection shall be construed to
23 allow local jurisdictions to exercise disciplinary authority
24 over certified contractors.
25 Section 31. Section 489.532, Florida Statutes, is
26 amended to read:
27 489.532 Contracts performed by unlicensed contractors
28 unenforceable.--As a matter of public policy, contracts
29 entered into on or after October 1, 1990, and performed in
30 full or in part by any contractor who fails to obtain or
31 maintain his or her license in accordance with this part shall
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1 be unenforceable in law, and the court in its discretion may
2 extend this provision to equitable remedies. However, in the
3 event the contractor obtains or reinstates the license the
4 provisions of this section shall no longer apply.
5 Section 32. Subsection (8) of section 489.537, Florida
6 Statutes, is repealed.
7 Section 33. Subsections (21), (22), and (23) of
8 section 489.505, Florida Statutes, are amended to read:
9 489.505 Definitions.--As used in this part:
10 (21) "Registered alarm system contractor I" means an
11 alarm system contractor whose business includes all types of
12 alarm systems for all purposes and who is registered with the
13 department pursuant to s. 489.513 or s. 489.537(8). A
14 registered alarm system contractor I may contract only in the
15 jurisdictions for which his or her registration is issued.
16 (22) "Registered alarm system contractor II" means an
17 alarm system contractor whose business includes all types of
18 alarm systems, other than fire, for all purposes and who is
19 registered with the department pursuant to s. 489.513 or s.
20 489.537(8). A registered alarm system contractor II may
21 contract only in the jurisdiction for which his or her
22 registration is issued.
23 (23) "Registered residential alarm system contractor"
24 means an alarm system contractor whose business is limited to
25 burglar alarm systems in single-family residential, quadruplex
26 housing, and mobile homes of a residential occupancy class and
27 who is registered with the department pursuant to s. 489.513
28 or s. 489.537(8). The board shall define "residential
29 occupancy class" by rule. A registered residential alarm
30 system contractor may contract only in the jurisdiction for
31 which his or her registration is issued.
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Amendment No.
1 Section 34. Subsection (2) of section 489.515, Florida
2 Statutes, is amended to read:
3 489.515 Issuance of certificates; registrations.--
4 (2) The department shall issue a registration to a
5 person who is in compliance with the provisions of s. 489.513
6 or s. 489.537(8) and who the board certifies is qualified to
7 be registered.
8
9 (Redesignate subsequent sections.)
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 1, line 6, after the semicolon,
15
16 insert:
17 amending s. 399.061, F.S.; revising
18 requirements for elevator inspections and
19 service maintenance contracts; amending s.
20 468.603, F.S.; providing for consistency in
21 terminology; defining the term "building code
22 enforcement official"; amending s. 468.609,
23 F.S.; revising intent with respect to the
24 examination required for certification as a
25 building code administrator, plans examiner, or
26 building code inspector; increasing the
27 validity period of a provisional certificate;
28 clarifying to whom a provisional certificate
29 may be issued; authorizing newly employed or
30 hired persons applying for provisional
31 certification to perform for a specified period
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1 the duties of a plans examiner or building code
2 inspector under the direct supervision of a
3 building code administrator holding limited or
4 provisional certification in counties with
5 populations below a specified level and the
6 municipalities therein; deleting obsolete
7 standard certificate equivalency provisions;
8 amending ss. 112.3145, 125.56, 212.08, 252.924,
9 404.056, 468.604, 468.605, 468.607, 468.617,
10 F.S.; providing for consistency; creating s.
11 468.619, F.S.; establishing special
12 disciplinary procedures for enforcement
13 officials; amending 468.621, 468.627, 468.631,
14 468.633, 471.045, 481.222, 489.103, F.S.;
15 providing for consistency in terminology;
16 amending s. 489.105, F.S.; revising the scope
17 of work of commercial and residential pool/spa
18 contractors and swimming pool/spa servicing
19 contractors; amending s. 489.107, F.S.;
20 requiring the offices of the Construction
21 Industry Licensing Board to be in Leon County;
22 amending s. 489.128, F.S.; eliminating an
23 exemption from a provision invalidating
24 contracts with unlicensed contractors; amending
25 s. 489.503, F.S.; revising exemptions from
26 regulation under pt. II, ch. 489, F.S.,
27 relating to electrical and alarm system
28 contracting; amending s. 489.514, F.S.;
29 revising grandfathering provisions for
30 certification of registered electrical and
31 alarm system contractors; amending s. 489.5185,
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1 F.S.; providing that persons who perform only
2 monitoring are not required to complete the
3 training required for fire alarm system agents;
4 amending s. 489.522, F.S.; providing
5 requirements when a qualifying agent ceases to
6 qualify a business; amending s. 489.531, F.S.;
7 providing penalties for violations by
8 unlicensed persons of acts prohibited under pt.
9 II, ch. 489, F.S., relating to electrical and
10 alarm system contracting; amending s. 489.532,
11 F.S.; eliminating an exemption from a provision
12 invalidating contracts with unlicensed
13 contractors; repealing s. 489.537(8), F.S.,
14 relating to obsolete provisions for the
15 registration of alarm system contractors;
16 amending ss. 489.505, 489.515, F.S.; deleting
17 cross-references, to conform;
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19
20
21
22
23
24
25
26
27
28
29
30
31
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