CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) J. Miller, Brown, and Ogles offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 24, line 19

16  remove from the bill:  all of said line

17

18  and insert in lieu thereof:

19         Section 19.  Subsection (7) is added to section

20  471.015, Florida Statutes, to read:

21         471.015 Licensure.--

22         (7)  The board shall, by rule, establish qualifications

23  for certification of licensees as special inspectors of the

24  threshold buildings, as defined in sections 553.71 and 553.79,

25  and shall compile a list of persons so certified.  Special

26  inspectors shall not be required to meet standards for

27  certification other than those established by the board, nor

28  shall the fee owner of a threshold building be prohibited from

29  selecting any person certified by the board to be a special

30  inspector.  The board shall, by rule, further develop the

31  minimum qualifications for the special inspector's authorized

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  representative who is authorized to perform inspections of

 2  threshold buildings on behalf of the special inspector,

 3  pursuant to section 553.79.

 4         Section 20.  Subsections (1) and (3) of section

 5  471.025, Florida Statutes, are amended to read:

 6         471.025  Seals.--

 7         (1)  The board shall prescribe, by rule, a form of seal

 8  to be used by registrants holding valid certificates of

 9  registration.  Each registrant shall obtain an impression-type

10  metal seal in the form aforesaid and may, in addition,

11  register his or her seal electronically in accordance with ss.

12  282.70-282.75.  All final drawings, specifications, plans,

13  reports, or documents prepared or issued by the registrant and

14  being filed for public record and all final bid documents

15  provided to the owner or the owner's representative shall be

16  signed by the registrant, dated, and stamped with said seal.

17  Such signature, date, and seal shall be evidence of the

18  authenticity of that to which they are affixed.  Drawings,

19  specifications, plans, reports, final bid documents, or

20  documents prepared or issued by a registrant may be

21  transmitted electronically and may be signed by the

22  registrant, dated, and stamped electronically with said seal

23  in accordance with ss. 282.70-282.75.

24         (3)  No registrant shall affix or permit to be affixed

25  his or her seal, name, or digital signature to any plan,

26  specification, drawing, final bid document, or other document

27  that which depicts work which he or she is not licensed to

28  perform or which is beyond his or her profession or specialty

29  therein.

30         Section 21.  Subsection (7) is added to section

31  481.213, Florida Statutes, to read:

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1         481.213 Licensure.--

 2         (7)  The board shall, by rule, establish qualifications

 3  for certification of licensees as special inspectors of

 4  threshold buildings, as defined in section 553.71 and 553.79,

 5  and shall compile a list of persons so certified.  Special

 6  inspectors shall not be required to meet standards for

 7  certification other than those established by the board, nor

 8  shall the fee owner of a threshold building be prohibited from

 9  selecting any person certified by the board to be a special

10  inspector.  The board shall, by rule, further develop the

11  minimum qualifications for the special inspector's authorized

12  representative who is authorized, pursuant to section 553.79,

13  to perform inspections of threshold buildings on behalf of the

14  special inspector.

15         Section 22.  Section 489.13, Florida Statutes, is

16  amended to read:

17         489.13  Unlicensed contracting; notice of

18  noncompliance; fine; authority to issue or receive a building

19  permit; web page.--

20         (1)  Any person performing an activity requiring

21  licensure under this part as a construction contractor is

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

23  valid active certificate or registration authorizing him or

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

25  holds a local construction contractor license or local

26  certificate of competency. Persons working outside the

27  geographical scope of their registration are guilty of

28  unlicensed activity for purposes of this part.

29         (2)  For a first offense, any person who holds a state

30  or local construction license and is found guilty of

31  unlicensed contracting under this section shall be issued a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  notice of noncompliance pursuant to s. 489.131(7).

 2         (3)  Notwithstanding s. 455.228, the department may

 3  impose an administrative fine of up to $10,000 on any

 4  unlicensed person guilty of unlicensed contracting. In

 5  addition, the department may assess reasonable investigative

 6  and legal costs for prosecution of the violation against the

 7  unlicensed contractor. The department may waive up to one-half

 8  of any fine imposed if the unlicensed contractor complies with

 9  certification or registration within 1 year after imposition

10  of the fine under this subsection.

11         (4)(a)  Any fines collected under this section shall be

12  first used to cover the investigative and legal costs of

13  prosecution.

14         (b)  Any local governing body that forwards information

15  relating to any person who is an unlicensed contractor shall

16  collect 30 percent of the fine collected, after deduction of

17  the investigative and legal costs of prosecution.

18         (c)  The balance of any fines collected under this

19  section shall be used to maintain the department's unlicensed

20  contractor website page, as specified in subsection (6), and

21  to fund the Construction Industries Recovery Fund. Nothing in

22  this paragraph shall be construed to permit recovery from the

23  Construction Industries Recovery Fund if the contractor is

24  unlicensed.

25         (5)(2)  A local building department shall not issue a

26  building permit to any contractor, or to any person

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

28  hold a valid active certificate or registration in the

29  appropriate category. Possession of a local certificate of

30  competency or local construction license is not sufficient to

31  lawfully obtain a building permit as a construction contractor

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  if the activity in question requires licensure under this

 2  part. Nothing in this section shall be construed as

 3  prohibiting a local building department from issuing a

 4  building permit to a locally licensed or certified contractor

 5  for an activity that does not require licensure under this

 6  part.

 7         (6)  The department shall create a web page, accessible

 8  through its Internet website, dedicated solely to listing any

 9  known information on unlicensed contractors. The information

10  shall be provided in such a way that any person with computer

11  on-line capabilities can access information on unlicensed

12  contractors by name or by county. The department shall

13  recognize that persons found guilty of unlicensed contracting

14  do not have the same rights and privileges as licensees, and

15  the department shall not restrict the quality or quantity of

16  information on the web page required by this subsection,

17  unless otherwise required by law.

18         (7)  The remedies set forth in this section are not

19  exclusive and may be imposed in addition to the remedies set

20  forth in s. 489.127(2). In addition, nothing in this section

21  is intended to prohibit the department or any local governing

22  body from filing a civil action or seeking criminal penalties

23  against an unlicensed contractor.

24         Section 23.  Paragraphs (j), (k), and (l) of subsection

25  (3) of section 489.105, Florida Statutes, are amended to read:

26         489.105  Definitions.--As used in this part:

27         (3)  "Contractor" means the person who is qualified

28  for, and shall only be responsible for, the project contracted

29  for and means, except as exempted in this part, the person

30  who, for compensation, undertakes to, submits a bid to, or

31  does himself or herself or by others construct, repair, alter,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  remodel, add to, demolish, subtract from, or improve any

 2  building or structure, including related improvements to real

 3  estate, for others or for resale to others; and whose job

 4  scope is substantially similar to the job scope described in

 5  one of the subsequent paragraphs of this subsection. For the

 6  purposes of regulation under this part, "demolish" applies

 7  only to demolition of steel tanks over 50 feet in height;

 8  towers over 50 feet in height; other structures over 50 feet

 9  in height, other than buildings or residences over three

10  stories tall; and buildings or residences over three stories

11  tall. Contractors are subdivided into two divisions, Division

12  I, consisting of those contractors defined in paragraphs

13  (a)-(c), and Division II, consisting of those contractors

14  defined in paragraphs (d)-(q):

15         (j)  "Commercial pool/spa contractor" means a

16  contractor whose scope of work involves, but is not limited

17  to, the construction, repair, and servicing of any swimming

18  pool, or hot tub or spa, whether public, private, or

19  otherwise, regardless of use. The scope of work includes,

20  including the installation, repair, or replacement of existing

21  equipment, any cleaning or equipment sanitizing which requires

22  at least a partial disassembling, excluding filter changes,

23  and or the installation of new pool/spa equipment, interior

24  finishes, the installation of package pool heaters, the

25  installation of all perimeter piping and filter piping, and

26  the construction of equipment rooms or housing for pool/spa

27  equipment, as necessary.  The scope of such work includes

28  layout, excavation, operation of construction pumps for

29  dewatering purposes, steelwork, installation of light niches,

30  construction of floors, guniting, fiberglassing, installation

31  of tile and coping, installation of all perimeter and filter

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  piping, installation of all filter equipment and chemical

 2  feeders of any type, plastering of the interior, construction

 3  of decks, construction of equipment rooms or housing for pool

 4  equipment, and installation of package pool heaters and also

 5  includes the scope of work of a swimming pool/spa servicing

 6  contractor. However, The scope of such work does not include

 7  direct connections to a sanitary sewer system or to potable

 8  water lines. The installation, construction, modification, or

 9  replacement of equipment permanently attached to and

10  associated with the pool or spa for the purpose of water

11  treatment or cleaning of the pool or spa requires licensure;

12  however, the usage of such equipment for the purposes of water

13  treatment or cleaning shall not require licensure unless the

14  usage involves construction, modification, or replacement of

15  such equipment.  Water treatment that does not require such

16  equipment does not require a license.  In addition, a license

17  shall not be required for the cleaning of the pool or spa in

18  any way that does not affect the structural integrity of the

19  pool or spa or its associated equipment.

20         (k)  "Residential pool/spa contractor" means a

21  contractor whose scope of work involves, but is not limited

22  to, the construction, repair, and servicing of any residential

23  swimming pool, or hot tub or spa, regardless of use. The scope

24  of work includes, including the installation, repair, or

25  replacement of existing equipment, any cleaning or equipment

26  sanitizing which requires at least a partial disassembling,

27  excluding filter changes, and or the installation of new

28  pool/spa equipment, interior finishes, the installation of

29  package pool heaters, the installation of all perimeter piping

30  and filter piping, and the construction of equipment rooms or

31  housing for pool/spa equipment, as necessary. The scope of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  such work includes layout, excavation, operation of

 2  construction pumps for dewatering purposes, steelwork,

 3  installation of light niches, construction of floors,

 4  guniting, fiberglassing, installation of tile and coping,

 5  installation of all perimeter and filter piping, installation

 6  of all filter equipment and chemical feeders of any type,

 7  plastering of the interior, construction of decks,

 8  installation of housing for pool equipment, and installation

 9  of package pool heaters and also includes the scope of work of

10  a swimming pool/spa servicing contractor. However, The scope

11  of such work does not include direct connections to a sanitary

12  sewer system or to potable water lines. The installation,

13  construction, modification, or replacement of equipment

14  permanently attached to and associated with the pool or spa

15  for the purpose of water treatment or cleaning of the pool or

16  spa requires licensure; however, the usage of such equipment

17  for the purposes of water treatment or cleaning shall not

18  require licensure unless the usage involves construction,

19  modification, or replacement of such equipment.  Water

20  treatment that does not require such equipment does not

21  require a license.  In addition, a license shall not be

22  required for the cleaning of the pool or spa in any way that

23  does not affect the structural integrity of the pool or spa or

24  its associated equipment.

25         (l)  "Swimming pool/spa servicing contractor" means a

26  contractor whose scope of work involves, but is not limited

27  to, the repair and the servicing and repair of any swimming

28  pool, or hot tub or spa, whether public or private, or

29  otherwise, regardless of use. The scope of such work includes

30  the repair or may include any necessary piping and repairs,

31  replacement and repair of existing equipment, any cleaning or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  equipment sanitizing which requires at least a partial

 2  disassembling, excluding filter changes, and the or

 3  installation of new pool/spa additional equipment, interior

 4  refinishing, the reinstallation or addition of pool heaters,

 5  the as necessary. The scope of such work includes the

 6  reinstallation of tile and coping, repair or and replacement

 7  of all perimeter piping and filter piping, the repair of

 8  equipment rooms or housing for pool/spa equipment, and the

 9  substantial or complete draining of a swimming pool, or hot

10  tub or spa, for the purpose of any repair or renovation. The

11  scope of such work does not include direct connections to a

12  sanitary sewer system or to potable water lines filter

13  equipment, and chemical feeders of any type, replastering,

14  reconstruction of decks, and reinstallation or addition of

15  pool heaters. The installation, construction, modification,

16  substantial or complete disassembly, or replacement of

17  equipment permanently attached to and associated with the pool

18  or spa for the purpose of water treatment or cleaning of the

19  pool or spa requires licensure; however, the usage of such

20  equipment for the purposes of water treatment or cleaning

21  shall not require licensure unless the usage involves

22  construction, modification, substantial or complete

23  disassembly, or replacement of such equipment. Water treatment

24  that does not require such equipment does not require a

25  license. In addition, a license shall not be required for the

26  cleaning of the pool or spa in any way that does not affect

27  the structural integrity of the pool or spa or its associated

28  equipment.

29         Section 24.  Section 489.118, Florida Statutes, is

30  amended to read:

31         489.118  Certification of registered contractors;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





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

 2  completed application and appropriate fee, issue a certificate

 3  in the appropriate category to any contractor registered under

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

 5  he or she meets each of the following requirements:

 6         (1)  Currently holds a valid registered local license

 7  in one of the contractor categories defined in s.

 8  489.105(3)(a)-(p).

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

10  examination that the board finds to be substantially similar

11  to the examination required to be licensed as a certified

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

13  written, proctored examination such as that produced by the

14  National Assessment Institute, Block and Associates, or

15  NAI/Block, Experior Assessments, Professional Testing, Inc.,

16  or Assessment Systems, Inc., shall be considered to be

17  substantially similar to the examination required to be

18  licensed as a certified contractor.  The board may not impose

19  or make any requirements regarding the nature or content of

20  these cited examinations.

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

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

23  administrator with oversight over that category, at the time

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

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

26  probation shall count toward the 5 years required by this

27  subsection.

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

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

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

31  excess of $500 within the last 5 years.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





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

 2  responsibility requirements in s. 489.115(5).

 3

 4  Applicants wishing to obtain a certificate pursuant to this

 5  section must make application by November 1, 2004.

 6         Section 25.  Section 489.128, Florida Statutes, is

 7  amended to read:

 8         489.128  Contracts performed by unlicensed contractors

 9  unenforceable.--As a matter of public policy, contracts

10  entered into on or after October 1, 1990, and performed in

11  full or in part by any contractor who fails to obtain or

12  maintain a license in accordance with this part shall be

13  unenforceable in law or in equity. However, in the event the

14  contractor obtains or reinstates his or her license, the

15  provisions of this section shall no longer apply.

16         Section 26.  Subsections (12) and (15) of section

17  489.503, Florida Statutes, are amended to read:

18         489.503  Exemptions.--This part does not apply to:

19         (12)  Any person as defined and licensed under chapter

20  527 while engaged in work regulated under that chapter.

21         (15)  The provision, installation, testing, routine

22  maintenance, factory-servicing, or monitoring of a personal

23  emergency response system, as defined in s. 489.505, by an

24  authorized person who:

25         (a)  Is an employee of, or a volunteer supervised by an

26  employee of, a health care facility licensed by the Agency for

27  Health Care Administration;

28         (b)  Performs services for the Department of Elderly

29  Affairs;

30         (c)  Performs services for the Department of Children

31  and Family Services under chapter 410; or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1         (d)  Is an employee of or an authorized representative

 2  or distributor for the producer of the personal emergency

 3  response system being monitored.

 4         Section 27.  Section 489.507, Florida Statutes, is

 5  amended to read:

 6         489.507  Electrical Contractors' Licensing Board.--

 7         (1)  There is created in the department the Electrical

 8  Contractors' Licensing Board. The board shall consist of 11

 9  members, 7 of whom shall be certified electrical contractors,

10  2 of whom shall be consumer members who are not, and have

11  never been, electrical contractors or members of any closely

12  related profession or occupation, and 2 of whom shall be

13  certified alarm system contractors I. Members shall be

14  appointed for 4-year terms.

15         (2)  To be eligible to serve, each contractor member

16  must have been certified by the board to operate as a

17  contractor in the category with respect to which the member is

18  appointed, be actively engaged in the construction business,

19  and have been so engaged for a period of not less than 5

20  consecutive years before the date of appointment.  Each

21  appointee must be a citizen and resident of the state.

22         (3)  The board has authority to adopt rules pursuant to

23  ss. 120.536(1) and 120.54 to implement the provisions of this

24  part.

25         (4)  It is the intent of the Legislature that the board

26  promulgate no rules and take no action to require that

27  applicants for certification as alarm system contractors serve

28  any type of apprenticeship before being allowed to sit for the

29  certification examination.

30         (5)  Any proposed board rule which has not been

31  modified to meet proposed committee objections of the Joint

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  Administrative Procedures Committee must receive concurrence

 2  from the department prior to filing the rule with the

 3  Department of State.  The department may repeal any rule which

 4  the board has enacted and which has taken effect without

 5  having met proposed committee objections of the Joint

 6  Administrative Procedures Committee.

 7         (6)(5)  The Electrical Contractors' Licensing Board and

 8  the Construction Industry Licensing Board shall each appoint a

 9  committee to meet jointly at least twice a year.

10         Section 28.  Section 489.514, Florida Statutes, is

11  amended to read:

12         489.514  Certification for registered contractors;

13  grandfathering provisions.--

14         (1)  The board shall, upon receipt of a completed

15  application, and appropriate fee, and proof of compliance with

16  the provisions of this section, issue: a certification in the

17  appropriate category to

18         (a)  To an applying registered electrical contractor a

19  certificate as an electrical contractor, as defined in s.

20  489.505(12); or

21         (b)  To an applying registered alarm system contractor

22  a certificate in the matching alarm system contractor

23  category, as defined in s. 489.505(2)(a) or (b); or

24         (c)  To an applying registered electrical speciality

25  contractor a certificate in the matching electrical speciality

26  contractor category, as defined in s. 489.505(19).

27         (2)  Any any contractor registered under this part who

28  makes application under this section to the board shall and

29  can show that he or she meets meet each of the following

30  requirements for certification:

31         (a)(1)  Currently holds a valid registered local

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  license in the category of electrical contractor, or alarm

 2  system contractor, or electrical speciality contractor.

 3         (b)(2)Has, for that category, passed a written,

 4  proctored examination that the board finds to be substantially

 5  similar to the examination required to be licensed as a

 6  certified contractor under this part. For purposes of this

 7  subsection, a written, proctored examination such as that

 8  produced by the National Assessment Institute, Block and

 9  Associates, or NAI/Block, Experior Assessments, Professional

10  Testing, Inc., or Assessment Systems, Inc., shall be

11  considered to be substantially similar to the examination

12  required to be licensed as a certified contractor.  The board

13  may not impose or make any requirements regarding the nature

14  or content of these cited examinations.

15         (c)(3)  Has at least 5 years of experience as a

16  contractor in that contracting category, or as a inspector or

17  building administrator with oversight over that category, at

18  the time of application. For contractors, only time periods in

19  which the contractor license is active and the contractor is

20  not on probation shall count toward the 5 years required under

21  this subsection.

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

23  revoked at anytime, had his or her contractor's license

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

25  excess of $500 in the last 5 years.

26         (e)(5)  Is in compliance with the insurance and

27  financial responsibility requirements in s. 489.515(1)(b).

28         (3) An applicant must make application by November 1,

29  2004, to be licensed pursuant to this section.

30         Section 29.  Paragraph (e) is added to subsection (2)

31  of section 489.5185, Florida Statutes, to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1         489.5185  Fire alarm system agents.--

 2         (2)

 3         (e)  Persons who perform only monitoring are not

 4  required to complete the training required for fire alarm

 5  system agents.

 6         Section 30.  Subsection (1) of section 489.522, Florida

 7  Statutes, is amended to read:

 8         489.522  Qualifying agents; responsibilities.--

 9         (1)(a)  A qualifying agent is a primary qualifying

10  agent unless he or she is a secondary qualifying agent under

11  this section.  All primary qualifying agents for a business

12  organization are jointly and equally responsible for

13  supervision of all operations of the business organization;

14  for all field work at all sites; and for financial matters,

15  both for the organization in general and for each specific

16  job.

17         (b)  When a qualifying agent ceases to qualify a

18  business, the qualifying agent must transfer the license to

19  another business, qualify himself or herself as an individual,

20  or place the license in an inactive status within 60 days

21  after termination of the qualifying status with the business.

22         Section 31.  Subsection (5) of section 489.531, Florida

23  Statutes, is renumbered as subsection (6) and amended, present

24  subsections (3), (4), (6), and (7) are renumbered as

25  subsections (4), (5), (7), and (8), respectively, and a new

26  subsection (3) is added to said section, to read:

27         489.531  Prohibitions; penalties.--

28         (1)  A person may not:

29         (a)  Practice contracting unless the person is

30  certified or registered;

31         (b)  Use the name or title "electrical contractor" or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  "alarm system contractor" or words to that effect, or

 2  advertise himself or herself or a business organization as

 3  available to practice electrical or alarm system contracting,

 4  when the person is not then the holder of a valid

 5  certification or registration issued pursuant to this part;

 6         (c)  Present as his or her own the certificate or

 7  registration of another;

 8         (d)  Use or attempt to use a certificate or

 9  registration that has been suspended, revoked, or placed on

10  inactive or delinquent status;

11         (e)  Employ persons who are not certified or registered

12  to practice contracting;

13         (f)  Knowingly give false or forged evidence to the

14  department, the board, or a member thereof;

15         (g)  Operate a business organization engaged in

16  contracting after 60 days following the termination of its

17  only qualifying agent without designating another primary

18  qualifying agent;

19         (h)  Conceal information relative to violations of this

20  part;

21         (i)  Commence or perform work for which a building

22  permit is required pursuant to part VII of chapter 533 without

23  the building permit being in effect; or

24         (j)  Willfully or deliberately disregard or violate any

25  municipal or county ordinance relating to uncertified or

26  unregistered contractors.

27         (3)(a)  Any unlicensed person who violates any of the

28  provisions of subsection (1) commits a misdemeanor of the

29  first degree, punishable as provided in s. 775.082 or s.

30  775.083.

31         (b)  Any unlicensed person who commits a violation of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

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 1  subsection (1) after having been previously found guilty of

 2  such violation commits a felony of the third degree,

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

 4         (c)  Any unlicensed person who commits a violation of

 5  subsection (1) during the existence of a state of emergency

 6  declared by executive order of the Governor commits a felony

 7  of the third degree, punishable as provided in s. 775.082 or

 8  s. 775.083.

 9

10  The remedies set forth in this subsection are not exclusive

11  and may be imposed in addition to the remedies set forth in s.

12  489.533(2).

13         (6)(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 local license or a fine not to

21  exceed $5,000, or a combination thereof, against the locally

22  licensed or registered contractor, according to ordinances

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

24  jurisdiction may assess reasonable investigative and legal

25  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 local

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

31  local jurisdiction enforcement body shall issue a recommended

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  penalty for board action.  This recommended penalty may

 2  include a recommendation for no further action or a

 3  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 registered

 7  contractor and the complainant of the local license penalty

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

 9  and the consequences should the registered contractor decide

10  not to appeal.  The local jurisdiction enforcement body shall,

11  upon having reached adjudication or having accepted a plea of

12  nolo contendere, immediately inform the board of its action

13  and the recommended board penalty.

14         (c)  The department, the disciplined registered

15  contractor, or the complainant may challenge the local

16  jurisdiction enforcement body's recommended penalty for board

17  action to the Electrical Contractors' Licensing Board. A

18  challenge shall be filed within 60 days after the issuance of

19  the recommended penalty to the board. If challenged, there is

20  a presumptive finding of probable cause and the case may

21  proceed without the need for a probable cause hearing.

22         (d)  Failure of the department, the disciplined

23  registered contractor, or the complainant to challenge the

24  local jurisdiction's recommended penalty within the time

25  period set forth in this subsection shall constitute a waiver

26  of the right to a hearing before the board.  A waiver of the

27  right to a hearing before the board shall be deemed an

28  admission of the violation, and the penalty recommended shall

29  become a final order according to procedures developed by

30  board rule without further board action. The disciplined

31  registered contractor may appeal this board action to the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1  district court.

 2         (e)  The department may investigate any complaint which

 3  is made with the department. However, if the department

 4  determines that the complaint against a registered contractor

 5  is for an action which a local jurisdiction enforcement body

 6  has investigated and reached adjudication or accepted a plea

 7  of nolo contendere, including a recommended penalty to the

 8  board, the department shall not initiate prosecution for that

 9  action, unless the secretary has initiated summary procedures

10  pursuant to s. 455.225(8).

11         (f)  Nothing in this subsection shall be construed to

12  allow local jurisdictions to exercise disciplinary authority

13  over certified contractors.

14         Section 32.  Section 489.532, Florida Statutes, is

15  amended to read:

16         489.532  Contracts performed by unlicensed contractors

17  unenforceable.--As a matter of public policy, contracts

18  entered into on or after October 1, 1990, and performed in

19  full or in part by any contractor who fails to obtain or

20  maintain his or her license in accordance with this part shall

21  be unenforceable in law, and the court in its discretion may

22  extend this provision to equitable remedies.  However, in the

23  event the contractor obtains or reinstates the license the

24  provisions of this section shall no longer apply.

25         Section 33.  Subsection (9) of section 553.71, Florida

26  Statutes, is created to read:

27         553.71  Definitions.--

28         As used in this part, the term:

29         (9)"Special inspector" means a licensed architect or

30  registered engineer certified, pursuant to chapter 471 or 481,

31  to conduct inspections of threshold buildings.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1         Section 34.  Paragraph (c) of subsection (5) of section

 2  553.79, Florida Statutes, is amended to read:

 3         553.79  Permits; applications; issuance; inspections.--

 4         (5)

 5         (c)  The commission shall, by rule, establish a

 6  qualification program for special inspectors and shall compile

 7  a list of persons qualified to be special inspectors.  Special

 8  inspectors shall not be required to meet standards for

 9  qualification other than those established by the commission,

10  nor shall the fee owner of a threshold building be prohibited

11  from selecting any person qualified by the commission to be a

12  special inspector.  The architect or engineer of record may

13  act as the special inspector provided she or he is on the

14  Board of Professional Engineers' or the Board of Architecture

15  and Interior Design's list of persons qualified to be special

16  inspectors.  School boards may utilize employees as special

17  inspectors provided such employees are on one of the

18  professional licensing boards' list of persons qualified to be

19  special inspectors.

20         Section 35.  Subsections (14) through (26) of section

21  633.021, Florida Statutes, are renumbered as subsections (15)

22  through (27), and a new subsection (14) is added to said

23  section, to read:

24         633.021  Definitions.--As used in this chapter:

25         (14)  "Layout" as used in this chapter means the layout

26  of risers, cross mains, branch lines, sprinkler heads, sizing

27  of pipe, hanger locations, and hydraulic calculations in

28  accordance with the design concepts established through the

29  provisions of s. 553.79(6)(c).

30         Section 36.  Except as otherwise provided, this act

31  shall take effect July 1, 2000.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, line 17 after the word "terminology;"

 4

 5  insert:

 6         amending s. 471.015, F.S.; establishing

 7         rule-making authority related to special

 8         inspectors of threshold buildings; amending s.

 9         471.025, F.S.; adding a circumstance under

10         which engineering documents must be sealed;

11         amending s. 481.213, F.S.; providing authority

12         for the board to develop qualifications for

13         special inspectors of threshold buildings;

14         amending s. 489.13, F.S.; providing additional

15         disciplinary penalties for unlicensed

16         electrical or alarm system contracting;

17         amending s. 489.105, F.S.; revising the scope

18         of work of commercial and residential pool/spa

19         contractors and swimming pool/spa servicing

20         contractors; amending s. 489.118, F.S.;

21         limiting the time period during which

22         registered applicants must apply to receive

23         certification; amending s. 489.128, F.S.;

24         eliminating an exemption from a provision

25         invalidating contracts with unlicensed

26         contractors; amending s. 489.503, F.S.;

27         revising exemptions from regulation under pt.

28         II, ch. 489, F.S., relating to electrical and

29         alarm system contracting; amending s. 489.507,

30         F.S.; limiting the rule making authority of the

31         Electrical Contractors Licensing Board;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 03 (for drafter's use only)





 1         amending s. 489.514, F.S.; revising

 2         grandfathering provisions for certification of

 3         registered electrical and alarm system

 4         contractors; amending s. 489.5185, F.S.;

 5         providing that persons who perform only

 6         monitoring are not required to complete the

 7         training required for fire alarm system agents;

 8         amending s. 489.522, F.S.; providing

 9         requirements when a qualifying agent ceases to

10         qualify a business; amending s. 489.531, F.S.;

11         providing penalties for violations by

12         unlicensed persons of acts prohibited under pt.

13         II, ch. 489, F.S., relating to electrical and

14         alarm system contracting; amending s. 489.532,

15         F.S.; eliminating an exemption from a provision

16         invalidating contracts with unlicensed

17         contractors; amending s. 553.71, F.S.; defining

18         "special inspector;" amending 553.79, F.S.;

19         moving regulation of special inspectors of

20         threshold buildings from the Department of

21         Community Affairs to the Board of Professions

22         Engineers and the Board of Architecture and

23         Interior Design; amending s. 633.021, F.S.;

24         adding a definition of "layout";

25

26

27

28

29

30

31

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