House Bill 1109e2
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HB 1109, Second Engrossed
1 A bill to be entitled
2 An act relating to construction; amending s.
3 489.118, F.S.; providing for licensing of
4 locally licensed contractors; amending s.
5 218.72, F.S.; redefining the terms "local
6 government entity," "purchase," and
7 "construction services" and defining the terms
8 "payment request" and "agent" for the purpose
9 of the Florida Prompt Payment Act; amending s.
10 218.73, F.S.; providing for timely payment for
11 nonconstruction services; amending s. 218.735,
12 F.S.; revising language with respect to timely
13 payment for purchases of construction services;
14 amending s. 218.74, F.S.; revising language
15 with respect to procedures for calculation of
16 payment due dates; amending s. 218.75, F.S.;
17 revising language with respect to mandatory
18 interest; amending s. 218.76, F.S.; revising
19 language with respect to improper invoices and
20 resolution of disputes; providing for the
21 recovery of court costs and attorney's fees
22 under certain circumstances; amending s.
23 255.05, F.S.; revising language with respect to
24 the bond of a contractor constructing public
25 buildings; requiring the Office of Program
26 Policy Analysis and Government Accountability,
27 in consultation with the Legislative Committee
28 on Intergovernmental Relations, to conduct a
29 study of construction retainage methods;
30 specifying areas to be examined; requiring
31 study conclusions and recommendations; amending
1
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HB 1109, Second Engrossed
1 s. 399.13, F.S.; correcting a reference with
2 regard to the inspection code; amending s.
3 468.603, F.S.; redefining "building code
4 inspector" and "categories of building
5 inspectors" and defining "building code
6 enforcement official"; revising intent with
7 respect to the examination required for
8 certification as a building code administrator,
9 plans examiner, or building code inspector;
10 increasing the validity period of a provisional
11 certificate; clarifying to whom a provisional
12 certificate may be issued; authorizing newly
13 employed or hired persons applying for
14 provisional certification to perform for a
15 specified period the duties of a plans examiner
16 or building code inspector under the direct
17 supervision of a building code administrator
18 holding limited or provisional certification in
19 counties with populations below a specified
20 level and the municipalities therein; deleting
21 obsolete standard certificate equivalency
22 provisions; providing for consistency in
23 terminology; creating s. 468.619, F.S.;
24 establishing special disciplinary procedures
25 for building code enforcement officials;
26 amending ss. 112.3145, 125.56, 212.08, 252.924,
27 404.056, 468.603, 468.604, 468.605, 468.607,
28 468.617, 468.621, 468.627, 468.631, 468.633,
29 471.045, 481.222, and 489.103, F.S.; providing
30 for consistency in terminology; amending s.
31 725.06, F.S.; providing for indemnification in
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HB 1109, Second Engrossed
1 construction contracts and voiding all others
2 as being against public policy; amending s.
3 471.025, F.S.; adding a circumstance under
4 which engineering documents must be sealed;
5 amending s. 489.13, F.S.; providing additional
6 disciplinary penalties for unlicensed
7 electrical or alarm system contracting;
8 amending s. 489.105, F.S.; revising the scope
9 of work of commercial and residential pool/spa
10 contractors and swimming pool/spa servicing
11 contractors; amending s. 489.118, F.S.;
12 limiting the time period during which
13 registered applicants must apply to receive
14 certification; amending s. 489.128, F.S.;
15 eliminating an exemption from a provision
16 invalidating contracts with unlicensed
17 contractors; amending s. 489.503, F.S.;
18 revising exemptions from regulation under pt.
19 II, ch. 489, F.S., relating to electrical and
20 alarm system contracting; amending s. 489.505,
21 F.S.; revising the definition of "personal
22 emergency response system"; amending s.
23 489.507, F.S.; limiting the rule making
24 authority of the Electrical Contractors
25 Licensing Board; amending s. 489.514, F.S.;
26 revising grandfathering provisions for
27 certification of registered electrical and
28 alarm system contractors; amending s. 489.5185,
29 F.S.; providing that persons who perform only
30 monitoring are not required to complete the
31 training required for fire alarm system agents;
3
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HB 1109, Second Engrossed
1 amending s. 489.522, F.S.; providing
2 requirements when a qualifying agent ceases to
3 qualify a business; amending s. 489.531, F.S.;
4 providing penalties for violations by
5 unlicensed persons of acts prohibited under pt.
6 II, ch. 489, F.S., relating to electrical and
7 alarm system contracting; amending s. 489.532,
8 F.S.; eliminating an exemption from a provision
9 invalidating contracts with unlicensed
10 contractors; amending s. 633.021, F.S.; adding
11 a definition of "layout"; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 489.118, Florida Statutes, is
17 amended to read:
18 489.118 Certification of registered contractors;
19 grandfathering provisions.--The board shall, upon receipt of a
20 completed application and appropriate fee, issue a certificate
21 in the appropriate category to any contractor registered under
22 this part who makes application to the board and can show that
23 he or she meets each of the following requirements or either
24 subsection (1) or subsection (2):
25 (1)(a) Currently holds a valid registered local
26 license in one of the contractor categories defined in s.
27 489.105(3)(a)-(p).
28 (b)(2) Has, for that category, passed a written
29 examination that the board finds to be substantially similar
30 to the examination required to be licensed as a certified
31 contractor under this part. For purposes of this subsection, a
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HB 1109, Second Engrossed
1 written, proctored examination such as that produced by the
2 National Assessment Institute, Block and Associates, or
3 NAI/Block shall be considered to be substantially similar to
4 the examination required to be licensed as a certified
5 contractor.
6 (c)(3) Has at least 5 years of experience as a
7 contractor in that contracting category, or as an inspector or
8 building administrator with oversight over that category, at
9 the time of application. For contractors, only time periods
10 in which the contractor license is active and the contractor
11 is not on probation shall count toward the 5 years required by
12 this subsection.
13 (d)(4) Has not had his or her contractor's license
14 revoked at any time, had his or her contractor's license
15 suspended within the last 5 years, or been assessed a fine in
16 excess of $500 within the last 5 years.
17 (e)(5) Is in compliance with the insurance and
18 financial responsibility requirements in s. 489.115(5).
19 (2)(a) Has held a valid registered local license in
20 one of the contractor categories defined in s.
21 489.105(3)(a)-(p) for at least 25 years.
22 (b) Has never had any disciplinary action taken
23 against him or her.
24 Section 2. Subsections (2), (5), and (7) of section
25 218.72, Florida Statutes, are amended, and subsections (8) and
26 (9) are added to said section, to read:
27 218.72 Definitions.--As used in this part:
28 (2) "Local governmental entity" means a county or
29 municipal government, school board, school district,
30 authority, special taxing district, other political
31 subdivision, community college, or any office, board, bureau,
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HB 1109, Second Engrossed
1 commission, department, branch, division, or institution
2 thereof or any project supported by county or municipal funds.
3 (5) "Purchase" means the purchase of goods, or
4 services, or construction services, the purchase or lease of
5 personal property, or the lease of real property by a local
6 governmental entity.
7 (7) "Construction services" means all labor, services,
8 and materials provided performed in connection with the
9 construction, alteration, repair, demolition, reconstruction,
10 or any other improvements to real property that require a
11 license under parts I and II of chapter 489.
12 (8) "Payment request" means a request for payment for
13 construction services which conforms with all statutory
14 requirements and with all requirements specified by the local
15 governmental entity to which the payment request is submitted
16 if:
17 (a) Such requirements have been adopted by formal
18 action of the local governmental entity taken prior to the
19 transaction to which the payment request applies.
20 (b) The local governmental entity made such
21 requirements available to vendors.
22 (9) "Agent" means project architect, project engineer,
23 or any other agency or person acting on behalf of the local
24 governmental entity.
25 Section 3. Section 218.73, Florida Statutes, is
26 amended to read:
27 218.73 Timely payment for nonconstruction
28 services.--The time at which payment is due for a purchase
29 other than construction services by a local governmental
30 entity, except for the purchase of construction services, is
31 due must be calculated from:
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HB 1109, Second Engrossed
1 (1) The date on which a proper invoice is received by
2 the chief disbursement officer of the local governmental
3 entity after approval by the governing body, if required; or
4 (2) If a proper invoice is not received by the local
5 governmental entity, the date:
6 (a) On which delivery of personal property is accepted
7 by the local governmental entity;
8 (b) On which services are completed;
9 (c) On which the rental period begins; or
10 (d) On which the local governmental entity and vendor
11 agree in a contract that provides dates relative to payment
12 periods;
13
14 whichever date is latest.
15 Section 4. Section 218.735, Florida Statutes, is
16 amended to read:
17 218.735 Timely payment for purchases of construction
18 services.--
19 (1) The due date for payment for the purchase of
20 construction services by a local governmental entity is
21 determined as follows:
22 (a) If an agent the project architect or project
23 engineer must approve the payment request or invoice prior to
24 the payment request or invoice being submitted to the local
25 governmental entity, payment is due 25 20 business days after
26 the date on which the payment request or architect or engineer
27 approves the invoice and the invoice is stamped as received as
28 provided in s. 218.74(1).
29 (b) If an agent the project architect or project
30 engineer need not approve the payment request or invoice which
31 is submitted by the contractor, payment is due 20 business
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HB 1109, Second Engrossed
1 days after the date on which the payment request or invoice is
2 stamped as received as provided in s. 218.74(1).
3 (2) The local governmental entity may reject the
4 payment request or invoice within 20 business days after the
5 date on which the payment request or invoice is stamped as
6 received as provided in s. 218.74(1). The rejection must be
7 written and must specify the deficiency in the payment request
8 or invoice and the action necessary to make the payment
9 request or invoice proper.
10 (3) If a payment request or an invoice is rejected
11 under subsection (2) or this subsection and the contractor
12 submits a corrected payment request or invoice which corrects
13 the deficiency specified in writing by the local governmental
14 entity, the corrected payment request or invoice must be paid
15 or rejected on the later of:
16 (a) Ten business days after the date the corrected
17 payment request or invoice is stamped as received as provided
18 in s. 218.74(1); or
19 (b) If the governing body is required by ordinance,
20 charter, or other law to approve or reject the corrected
21 payment request or invoice, the first business day after the
22 next regularly scheduled meeting of the governing body held
23 after the corrected payment request or invoice is stamped as
24 received as provided in s. 218.74(1).
25 (4) If a dispute between the local governmental entity
26 and the contractor cannot be resolved by the procedure in
27 subsection (3), the dispute must be resolved in accordance
28 with the dispute resolution procedure prescribed in the
29 construction contract or in any applicable ordinance. In the
30 absence of a prescribed procedure, the dispute must be
31 resolved by the procedure specified in s. 218.76(2).
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HB 1109, Second Engrossed
1 (5) If a local governmental entity disputes a portion
2 of a payment request or an invoice, the undisputed portion
3 shall be paid timely, in accordance with subsection (1). The
4 payment time periods provided in this section for construction
5 services purchased by a local governmental entity shall not
6 affect contractual provisions or contractual covenants of a
7 local governmental entity in effect on September 30, 1995.
8 (6) When a contractor receives payment from a local
9 governmental entity for labor, services, or materials
10 furnished by subcontractors and suppliers hired by the
11 contractor, the contractor shall remit payment due to those
12 subcontractors and suppliers within 15 days after the
13 contractor's receipt of payment. When a subcontractor
14 receives payment from a contractor for labor, services, or
15 materials furnished by subcontractors and suppliers hired by
16 the subcontractor, the subcontractor shall remit payment due
17 to those subcontractors and suppliers within 15 days after the
18 subcontractor's receipt of payment. Nothing herein shall
19 prohibit a contractor or subcontractor from disputing,
20 pursuant to the terms of the relevant contract, all or any
21 portion of a payment alleged to be due to another party. In
22 the event of such a dispute, the contractor or subcontractor
23 may withhold the disputed portion of any such payment but the
24 undisputed portion must be remitted within the time limits
25 imposed by this subsection.
26 (7)(6) All payments due under this section from a
27 local governmental entity and not made within the time periods
28 period specified by this section shall bear interest at the
29 rate of 1 percent per month, or the rate specified by
30 contract, whichever is greater as specified in s. 218.74(4).
31
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HB 1109, Second Engrossed
1 Section 5. Section 218.74, Florida Statutes, is
2 amended to read:
3 218.74 Procedures for calculation of payment due
4 dates.--
5 (1) Each local governmental entity shall establish
6 procedures whereby each payment request or invoice received by
7 the local governmental entity is marked as received on the
8 date on which it is delivered to an agent or employee of the
9 local governmental entity or of a facility or office of the
10 local governmental entity.
11 (2) The payment due date for a local governmental
12 entity for the purchase of goods or services other than
13 construction services is 45 days after the date specified in
14 s. 218.73. The payment due date for the purchase of
15 construction services is specified in s. 218.735.
16 (3) If the terms under which a purchase is made allow
17 for partial deliveries and a payment request or proper invoice
18 is submitted for a partial delivery, the time for payment for
19 the partial delivery must be calculated from the time of the
20 partial delivery and the submission of the payment request or
21 invoice in the same manner as provided in s. 218.73 or s.
22 218.735.
23 (4) All payments, other than payments for construction
24 services, due from a local governmental entity and not made
25 within the time specified by this section bear interest from
26 30 days after the due date at the rate of 1 percent per month
27 on the unpaid balance. The vendor must invoice the local
28 governmental entity for any interest accrued in order to
29 receive the interest payment. Any overdue period of less than
30 1 month is considered as 1 month in computing interest.
31 Unpaid interest is compounded monthly. With respect to each
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HB 1109, Second Engrossed
1 past due payment, interest ceases to accrue after interest on
2 that payment has accrued for 12 months. For the purposes of
3 this section, the term "1 month" means a period beginning on
4 any day of one month and ending on the same day of the
5 following month.
6 Section 6. Section 218.75, Florida Statutes, is
7 amended to read:
8 218.75 Mandatory interest.--No contract between a
9 local governmental entity and a vendor or a provider of
10 construction services shall prohibit the collection of vendor
11 from invoicing the local governmental entity for late payment
12 interest charges allowable under this part.
13 Section 7. Section 218.76, Florida Statutes, is
14 amended to read:
15 218.76 Improper payment request or invoice; resolution
16 of disputes.--
17 (1) In any case in which an improper payment request
18 or invoice is submitted by a vendor, the local governmental
19 entity shall, within 10 days after the improper payment
20 request or invoice is received by it, notify the vendor that
21 the payment request or invoice is improper and indicate what
22 corrective action on the part of the vendor is needed to make
23 the payment request or invoice proper.
24 (2) In the event a dispute occurs between a vendor and
25 a local governmental entity concerning payment of a payment
26 request or an invoice, such disagreement shall be finally
27 determined by the local governmental entity as provided in
28 this section. Each local governmental entity shall establish
29 a dispute resolution procedure to be followed by the local
30 governmental entity in cases of such disputes. Such procedure
31 shall provide that proceedings to resolve the dispute shall be
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HB 1109, Second Engrossed
1 commenced not later than 45 days after the date on which the
2 payment request or proper invoice was received by the local
3 governmental entity and shall be concluded by final decision
4 of the local governmental entity not later than 60 days after
5 the date on which the payment request or proper invoice was
6 received by the local governmental entity. Such procedures
7 shall not be subject to chapter 120, and such procedures shall
8 not constitute an administrative proceeding which prohibits a
9 court from deciding de novo any action arising out of the
10 dispute. If the dispute is resolved in favor of the local
11 governmental entity, then interest charges shall begin to
12 accrue 10 15 days after the local governmental entity's final
13 decision. If the dispute is resolved in favor of the vendor,
14 then interest shall begin to accrue as of the original date
15 the payment became due.
16 (3) In an action to recover amounts due under s.
17 218.70-218.80, the prevailing party shall be entitled to
18 recover court costs and attorney's fees at trial and on
19 appeal.
20 Section 8. Paragraph (a) of subsection (1) and
21 paragraph (a) of subsection (2) of section 255.05, Florida
22 Statutes, are amended to read:
23 255.05 Bond of contractor constructing public
24 buildings; form; action by materialmen.--
25 (1)(a) Any person entering into a formal contract with
26 the state or any county, city, or political subdivision
27 thereof, or other public authority, for the construction of a
28 public building, for the prosecution and completion of a
29 public work, or for repairs upon a public building or public
30 work shall be required, before commencing the work or before
31 recommencing the work after a default or abandonment, to
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HB 1109, Second Engrossed
1 execute, deliver to the public owner, and record in the public
2 records of the county where the improvement is located, a
3 payment and performance bond with a surety insurer authorized
4 to do business in this state as surety. The bond must state on
5 its front page: the name, principal business address, and
6 phone number of the contractor, the surety, the owner of the
7 property being improved, and, if different from the owner, the
8 contracting public entity; the contract number assigned by the
9 contracting public entity; and a description of the project
10 sufficient to identify it, such as including, if applicable, a
11 legal description or and the street address of the property
12 being improved, and a general description of the improvement.
13 Such bond shall be conditioned solely upon the contractor's
14 performance of the construction work that the contractor
15 perform the contract in the time and manner prescribed in the
16 contract and the contractor's prompt payment promptly make
17 payments to all persons defined in s. 713.01 who furnished
18 labor, services, or materials for whose claims derive directly
19 or indirectly from the prosecution of the work provided for in
20 the contract. Any claimant may apply to the governmental
21 entity having charge of the work for copies of the contract
22 and bond and shall thereupon be furnished with a certified
23 copy of the contract and bond. The claimant shall have a right
24 of action against the contractor and surety for the amount due
25 him or her, including unpaid finance charges due under the
26 claimant's contract. Such action shall not involve the public
27 authority in any expense. When such work is done for the
28 state and the contract is for $100,000 or less, no payment and
29 performance bond shall be required. At the discretion of the
30 official or board awarding such contract when such work is
31 done for any county, city, political subdivision, or public
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HB 1109, Second Engrossed
1 authority, any person entering into such a contract which is
2 for $200,000 or less may be exempted from executing the
3 payment and performance bond. When such work is done for the
4 state, the Secretary of the Department of Management Services
5 may delegate to state agencies the authority to exempt any
6 person entering into such a contract amounting to more than
7 $100,000 but less than $200,000 from executing the payment and
8 performance bond. In the event such exemption is granted, the
9 officer or officials shall not be personally liable to persons
10 suffering loss because of granting such exemption. The
11 Department of Management Services shall maintain information
12 on the number of requests by state agencies for delegation of
13 authority to waive the bond requirements by agency and project
14 number and whether any request for delegation was denied and
15 the justification for the denial.
16 (2)(a)1. If a claimant is no longer furnishing labor,
17 services, or materials on a project, a contractor or the
18 contractor's agent or attorney may elect to shorten the
19 prescribed time in this paragraph within which an action to
20 enforce any claim against a payment bond provided pursuant to
21 this section may be commenced by recording in the clerk's
22 office a notice in substantially the following form:
23
24 NOTICE OF CONTEST OF CLAIM
25 AGAINST PAYMENT BOND
26
27
28 To: ...(Name and address of claimant)...
29 You are notified that the undersigned contests your
30 notice of nonpayment, dated ............, ........, and served
31 on the undersigned on ............, ........, and that the
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HB 1109, Second Engrossed
1 time within which you may file suit to enforce your claim is
2 limited to 60 days after the date of service of this notice.
3
4 DATED on ............, .........
5
6
7 Signed:...(Contractor or Attorney)...
8
9
10 The claim of any claimant upon whom such notice is served and
11 who fails to institute a suit to enforce his or her claim
12 against the payment bond within 60 days after service of such
13 notice shall be extinguished automatically. The clerk shall
14 mail a copy of the notice of contest to the claimant at the
15 address shown in the notice of nonpayment or most recent
16 amendment thereto and shall certify to such service on the
17 face of such notice and record the notice. Service is complete
18 upon mailing.
19 2. A claimant, except a laborer, who is not in privity
20 with the contractor shall, before commencing or not later than
21 45 days after commencing to furnish labor, materials, or
22 supplies for the prosecution of the work, furnish the
23 contractor with a notice that he or she intends to look to the
24 bond for protection. A claimant who is not in privity with the
25 contractor and who has not received payment for his or her
26 labor, materials, or supplies shall deliver to the contractor
27 and to the surety written notice of the performance of the
28 labor or delivery of the materials or supplies and of the
29 nonpayment. The notice of nonpayment may be served at any time
30 during the progress of the work or thereafter but not before
31 45 days after the first furnishing of labor, services, or
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HB 1109, Second Engrossed
1 materials, and not later than 90 days after the final
2 furnishing of the labor, services, or materials by the
3 claimant or, with respect to rental equipment, not later than
4 90 days after the date that the rental equipment was last on
5 the job site available for use. No action for the labor,
6 materials, or supplies may be instituted against the
7 contractor or the surety unless both notices have been given.
8 Notices required or permitted under this section may be served
9 in accordance with s. 713.18. An action, except for an action
10 exclusively for recovery of retainage, must be instituted
11 against the contractor or the surety on the payment bond or
12 the payment provisions of a combined payment and performance
13 bond within 1 year after the performance of the labor or
14 completion of delivery of the materials or supplies. An action
15 exclusively for recovery of retainage must be instituted
16 against the contractor or the surety within 1 year after the
17 performance of the labor or completion of delivery of the
18 materials or supplies, or within 90 days after the
19 contractor's receipt of final payment (or the payment estimate
20 containing the owner's final reconciliation of quantities if
21 no further payment is earned and due as a result of deductive
22 adjustments) by the contractor or surety, whichever comes
23 last. A claimant may not waive in advance his or her right to
24 bring an action under the bond against the surety. In any
25 action brought to enforce a claim against a payment bond under
26 this section, the prevailing party is entitled to recover a
27 reasonable fee for the services of his or her attorney for
28 trial and appeal or for arbitration, in an amount to be
29 determined by the court, which fee must be taxed as part of
30 the prevailing party's costs, as allowed in equitable actions.
31 The time periods for service of a notice of nonpayment or for
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1 bringing an action against a contractor or a surety shall be
2 measured from the last day of furnishing labor, services, or
3 materials by the claimant and shall not be measured by other
4 standards, such as the issuance of a certificate of occupancy
5 or the issuance of a certificate of substantial completion.
6 Section 9. Effective upon this act becoming a law, the
7 Office of Program Policy Analysis and Government
8 Accountability (OPPAGA), in consultation with the Legislative
9 Committee on Intergovernmental Relations, shall:
10 (1) Conduct a study of construction retainage methods
11 for public and private construction within the state of
12 Florida. OPPAGA shall examine all relevant information,
13 including, but not limited to the following:
14 (a) Information from various state and local
15 governmental entities, public universities, and community
16 colleges within the state of Florida.
17 (b) Information from the federal government and other
18 states who have addressed construction payment or retainage
19 issues, including states that are of comparable size to the
20 state of Florida or that have a comparable amount of public or
21 private construction activity as the state of Florida.
22 (c) Information from public and private owners,
23 general contractors, subcontractors, material suppliers,
24 construction managers, design-build professionals, architects,
25 and engineers.
26 (d) Information from lenders and surety companies who
27 are involved in public and private construction.
28 (2) Draw conclusions and make recommendations, as
29 appropriate, with regard to the following issues:
30 (a) Whether the state should adopt new laws or modify
31 existing laws to address the specific issues set forth below,
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1 and whether any existing statutes will require modification or
2 repeal.
3 (b) The positive and negative impacts of the current
4 systems of retainage being utilized throughout the state as
5 applied to public sector and private sector construction
6 contracts, and as between owners and contractors, between
7 contractors and subcontractors, and between subcontractors and
8 subcontractor.
9 (c) Whether the traditional 10 percent retainage
10 practice in construction is equitable and whether there are
11 viable alternatives to this practice.
12 (d) What may be an appropriate percentage of retainage
13 to be held on all construction projects.
14 (e) What the purposes of retainage are for
15 construction projects.
16 (f) Whether it is appropriate to hold all retainage
17 until the end of a construction project or whether periodic
18 release of retainage or release of retainage for specific
19 divisions of work on a construction project is appropriate and
20 reasonably manageable.
21 (g) What protections are currently in place for owners
22 to insure that construction projects are progressing in a
23 satisfactory manner, including, but not limited to, project
24 management techniques, periodic inspections, services of
25 project architects and engineers, and whether those
26 protections are being adequately and properly utilized.
27 (h) What protections are currently in place or could
28 be adopted for owners, contractors, and subcontractors through
29 the utilization of construction payment and performance bonds.
30 (i) Whether the documentation required for
31 construction projects contributes to delays in progress
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HB 1109, Second Engrossed
1 payments, final payments, and release of retainage; whether
2 such requirements could be simplified or standardized to
3 streamline the process; and whether it is appropriate for the
4 Legislature to address this issue.
5 (j) Whether the Legislature should limit the
6 percentage of retainage that can be held on public and private
7 construction projects.
8 (k) Whether the Legislature should provide for
9 periodic release of retainage on public and private
10 construction projects.
11 (l) Whether the Legislature should establish
12 requirements and time limits for owners and contractors to
13 release final payment and retainage on all construction
14 projects.
15 (3) OPPAGA shall present a report of its findings and
16 recommendations to the President of the Senate, the Speaker of
17 the House of Representatives, minority leaders of the Senate
18 and House of Representatives, and chairs of the House Business
19 Regulation & Consumer Affairs Committee and the Senate
20 Regulated Industries Committee by January 1, 2001.
21 Section 10. Sections amending sections 218.72, 218.73,
22 218.735, 218.74, 218.75, 218.76, and 255.05, F.S., shall take
23 effect July 1, 2000, and shall apply to construction contracts
24 entered into on or after July 1, 2000.
25 Section 11. Effective January 1, 2001, subsection (1)
26 of section 399.13, Florida Statutes, is amended to read:
27 399.13 Delegation of authority to municipalities or
28 counties.--
29 (1) The division may enter into contracts with
30 municipalities or counties under which such municipalities or
31 counties will issue construction permits, temporary operation
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HB 1109, Second Engrossed
1 permits, and certificates of operation; will provide
2 inspection of elevators; and will enforce the applicable
3 provisions of the Florida Building Elevator Safety Code, as
4 required by this chapter. Each such agreement shall include a
5 provision that the municipality or county shall maintain for
6 inspection by the division copies of all applications for
7 permits issued, a copy of each inspection report issued, and
8 proper records showing the number of certificates of operation
9 issued; shall include a provision that each required
10 inspection be conducted by the holder of a certificate of
11 competency issued by the division; and may include such other
12 provisions as the division deems necessary.
13 Section 12. Subsections (2) and (6) of section
14 468.603, Florida Statutes, are amended, and subsection (8) is
15 added to said section, to read:
16 468.603 Definitions.--As used in this part:
17 (2) "Building code inspector" or "inspector" means any
18 of those employees of local governments or state agencies with
19 building construction regulation responsibilities who
20 themselves conduct inspections of building construction,
21 erection, repair, addition, or alteration projects that
22 require permitting indicating compliance with building,
23 plumbing, mechanical, electrical, gas, fire prevention,
24 energy, accessibility, and other construction codes as
25 required by state law or municipal or county ordinance.
26 (6) "Categories of building code inspectors" include
27 the following:
28 (a) "Building inspector" means a person who is
29 qualified to inspect and determine that buildings and
30 structures are constructed in accordance with the provisions
31 of the governing building codes and state accessibility laws.
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HB 1109, Second Engrossed
1 (b) "Coastal construction inspector" means a person
2 who is qualified to inspect and determine that buildings and
3 structures are constructed to resist near-hurricane and
4 hurricane velocity winds in accordance with the provisions of
5 the governing building code.
6 (c) "Commercial electrical inspector" means a person
7 who is qualified to inspect and determine the electrical
8 safety of commercial buildings and structures by inspecting
9 for compliance with the provisions of the National Electrical
10 Code.
11 (d) "Residential electrical inspector" means a person
12 who is qualified to inspect and determine the electrical
13 safety of one and two family dwellings and accessory
14 structures by inspecting for compliance with the applicable
15 provisions of the governing electrical code.
16 (e) "Mechanical inspector" means a person who is
17 qualified to inspect and determine that the mechanical
18 installations and systems for buildings and structures are in
19 compliance with the provisions of the governing mechanical
20 code.
21 (f) "Plumbing inspector" means a person who is
22 qualified to inspect and determine that the plumbing
23 installations and systems for buildings and structures are in
24 compliance with the provisions of the governing plumbing code.
25 (g) "One and two family dwelling inspector" means a
26 person who is qualified to inspect and determine that one and
27 two family dwellings and accessory structures are constructed
28 in accordance with the provisions of the governing building,
29 plumbing, mechanical, accessibility, and electrical codes.
30 (h) "Electrical inspector" means a person who is
31 qualified to inspect and determine the electrical safety of
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HB 1109, Second Engrossed
1 commercial and residential buildings and accessory structures
2 by inspecting for compliance with the provisions of the
3 National Electrical Code.
4 (8) "Building code enforcement official" or
5 "enforcement official" means a licensed building code
6 administrator, building code inspector, or plans examiner.
7 Section 13. Subsections (2) and (6) of section
8 468.603, Florida Statutes, are amended to read:
9 468.603 Definitions.--As used in this part:
10 (2) "Building code inspector" or "inspector" means any
11 of those employees of local governments or state agencies with
12 building construction regulation responsibilities who
13 themselves conduct inspections of building construction,
14 erection, repair, addition, or alteration projects that
15 require permitting indicating compliance with building,
16 plumbing, mechanical, electrical, gas, fire prevention,
17 energy, accessibility, and other construction codes as
18 required by state law or municipal or county ordinance.
19 (6) "Categories of building code inspectors" include
20 the following:
21 (a) "Building inspector" means a person who is
22 qualified to inspect and determine that buildings and
23 structures are constructed in accordance with the provisions
24 of the governing building codes and state accessibility laws.
25 (b) "Coastal construction inspector" means a person
26 who is qualified to inspect and determine that buildings and
27 structures are constructed to resist near-hurricane and
28 hurricane velocity winds in accordance with the provisions of
29 the governing building code.
30 (c) "Commercial electrical inspector" means a person
31 who is qualified to inspect and determine the electrical
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HB 1109, Second Engrossed
1 safety of commercial buildings and structures by inspecting
2 for compliance with the provisions of the National Electrical
3 Code.
4 (d) "Residential electrical inspector" means a person
5 who is qualified to inspect and determine the electrical
6 safety of one and two family dwellings and accessory
7 structures by inspecting for compliance with the applicable
8 provisions of the governing electrical code.
9 (e) "Mechanical inspector" means a person who is
10 qualified to inspect and determine that the mechanical
11 installations and systems for buildings and structures are in
12 compliance with the provisions of the governing mechanical
13 code.
14 (f) "Plumbing inspector" means a person who is
15 qualified to inspect and determine that the plumbing
16 installations and systems for buildings and structures are in
17 compliance with the provisions of the governing plumbing code.
18 (g) "One and two family dwelling inspector" means a
19 person who is qualified to inspect and determine that one and
20 two family dwellings and accessory structures are constructed
21 in accordance with the provisions of the governing building,
22 plumbing, mechanical, accessibility, and electrical codes.
23 (h) "Electrical inspector" means a person who is
24 qualified to inspect and determine the electrical safety of
25 commercial and residential buildings and accessory structures
26 by inspecting for compliance with the provisions of the
27 National Electrical Code.
28 Section 14. Section 468.604, Florida Statutes, is
29 amended to read:
30
31
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1 468.604 Responsibilities of building code
2 administrators, plans examiners, and building code
3 inspectors.--
4 (1) It is the responsibility of the building code
5 administrator or building official to administrate, supervise,
6 direct, enforce, or perform the permitting and inspection of
7 construction, alteration, repair, remodeling, or demolition of
8 structures and the installation of building systems within the
9 boundaries of their governmental jurisdiction, when permitting
10 is required, to ensure compliance with building, plumbing,
11 mechanical, electrical, gas fuel, energy conservation,
12 accessibility, and other construction codes which are required
13 or adopted by municipal code, county ordinance, or state law.
14 The building code administrator or building official shall
15 faithfully perform these responsibilities without interference
16 from any person. These responsibilities include:
17 (a) The review of construction plans to ensure
18 compliance with all applicable codes. The construction plans
19 must be reviewed before the issuance of any building, system
20 installation, or other construction permit. The review of
21 construction plans must be done by the building code
22 administrator or building official or by a person having the
23 appropriate plans examiner license issued under this chapter.
24 (b) The inspection of each phase of construction where
25 a building or other construction permit has been issued. The
26 building code administrator or building official, or a person
27 having the appropriate building code inspector license issued
28 under this chapter, shall inspect the construction or
29 installation to ensure that the work is performed in
30 accordance with applicable codes.
31
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HB 1109, Second Engrossed
1 (2) It is the responsibility of the building code
2 inspector to conduct inspections of construction, alteration,
3 repair, remodeling, or demolition of structures and the
4 installation of building systems, when permitting is required,
5 to ensure compliance with building, plumbing, mechanical,
6 electrical, gas fuel, energy conservation, accessibility, and
7 other construction codes required by municipal code, county
8 ordinance, or state law. Each building code inspector must be
9 licensed in the appropriate category as defined in s. 468.603.
10 The building code inspector's responsibilities must be
11 performed under the direction of the building code
12 administrator or building official without interference from
13 any unlicensed person.
14 (3) It is the responsibility of the plans examiner to
15 conduct review of construction plans submitted in the permit
16 application to assure compliance with all applicable codes
17 required by municipal code, county ordinance, or state law.
18 The review of construction plans must be done by the building
19 code administrator or building official or by a person
20 licensed in the appropriate plans examiner category as defined
21 in s. 468.603. The plans examiner's responsibilities must be
22 performed under the supervision and authority of the building
23 code administrator or building official without interference
24 from any unlicensed person.
25 Section 15. Paragraph (c) of subsection (2) of section
26 468.605, Florida Statutes, is amended to read:
27 468.605 Florida Building Code Administrators and
28 Inspectors Board.--
29 (2) The board shall consist of nine members, as
30 follows:
31 (c) Two members serving as building code inspectors.
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HB 1109, Second Engrossed
1
2 None of the board members described in paragraph (a) or
3 paragraph (f) may be an employee of a municipal, county, or
4 state governmental agency.
5 Section 16. Section 468.607, Florida Statutes, is
6 amended to read:
7 468.607 Certification of building code administration
8 and inspection personnel.--The board shall issue a certificate
9 to any individual whom the board determines to be qualified,
10 within such class and level as provided in this part and with
11 such limitations as the board may place upon it. No person
12 may be employed by a state agency or local governmental
13 authority to perform the duties of a building code
14 administrator, plans examiner, or building code inspector
15 after October 1, 1993, without possessing the proper valid
16 certificate issued in accordance with the provisions of this
17 part.
18 Section 17. Section 468.609, Florida Statutes, is
19 amended to read:
20 468.609 Administration of this part; standards for
21 certification; additional categories of certification.--
22 (1) Except as provided in this part, any person who
23 desires to be certified shall apply to the board, in writing
24 upon forms approved and furnished by the board, to take the
25 certification examination.
26 (2) A person shall be entitled to take the examination
27 for certification as a building code an inspector or plans
28 examiner pursuant to this part if the person:
29 (a) Is at least 18 years of age;
30 (b) Is of good moral character; and
31
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HB 1109, Second Engrossed
1 (c) Meets eligibility requirements according to one of
2 the following criteria:
3 1. Demonstrates 5 years' combined experience in the
4 field of construction or a related field, building code
5 inspection, or plans review corresponding to the certification
6 category sought;
7 2. Demonstrates a combination of postsecondary
8 education in the field of construction or a related field and
9 experience which totals 4 years, with at least 1 year of such
10 total being experience in construction, building code
11 inspection, or plans review;
12 3. Demonstrates a combination of technical education
13 in the field of construction or a related field and experience
14 which totals 4 years, with at least 1 year of such total being
15 experience in construction, building code inspection, or plans
16 review; or
17 4. Currently holds a standard certificate as issued by
18 the board and satisfactorily completes a building code an
19 inspector or plans examiner training program of not less than
20 200 hours in the certification category sought. The board
21 shall establish by rule criteria for the development and
22 implementation of the training programs.
23 (d) Demonstrates successful completion of the core
24 curriculum and specialized or advanced module coursework
25 approved by the Florida Building Commission, as part of the
26 Building Code Training Program established pursuant to s.
27 553.841, appropriate to the licensing category sought or,
28 pursuant to authorization by the certifying authority,
29 provides proof of completion of such curriculum or coursework
30 within 6 months after such certification.
31
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HB 1109, Second Engrossed
1 (3) A person shall be entitled to take the examination
2 for certification as a building code administrator pursuant to
3 this part if the person:
4 (a) Is at least 18 years of age;
5 (b) Is of good moral character; and
6 (c) Meets eligibility requirements according to one of
7 the following criteria:
8 1. Demonstrates 10 years' combined experience as an
9 architect, engineer, plans examiner, building code inspector,
10 registered or certified contractor, or construction
11 superintendent, with at least 5 years of such experience in
12 supervisory positions; or
13 2. Demonstrates a combination of postsecondary
14 education in the field of construction or related field, no
15 more than 5 years of which may be applied, and experience as
16 an architect, engineer, plans examiner, building code
17 inspector, registered or certified contractor, or construction
18 superintendent which totals 10 years, with at least 5 years of
19 such total being experience in supervisory positions.
20 (d) Demonstrates successful completion of the core
21 curriculum and specialized or advanced module coursework
22 approved by the Florida Building Commission, as part of the
23 Building Code Training Program established pursuant to s.
24 553.841, appropriate to the licensing category sought or,
25 pursuant to authorization by the certifying authority,
26 provides proof of completion of such curriculum or coursework
27 within 6 months after such certification.
28 (4) No person may engage in the duties of a building
29 code administrator, plans examiner, or building code inspector
30 pursuant to this part after October 1, 1993, unless such
31 person possesses one of the following types of certificates,
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HB 1109, Second Engrossed
1 currently valid, issued by the board attesting to the person's
2 qualifications to hold such position:
3 (a) A standard certificate.
4 (b) A limited certificate.
5 (c) A provisional certificate.
6 (5)(a) To obtain a standard certificate, an individual
7 must pass an examination approved by the board which
8 demonstrates that the applicant has fundamental knowledge of
9 the state laws and codes relating to the construction of
10 buildings for which the applicant has building code
11 administration, plans examination examining, or building code
12 inspection responsibilities. It is the intent of the
13 Legislature that the examination approved for certification
14 pursuant to this part be substantially equivalent to the
15 examinations administered by the Southern Building Code
16 Congress International, the Building Officials Association of
17 Florida, the South Florida Building Code (Dade and Broward),
18 and the Council of American Building Officials.
19 (b) A standard certificate shall be issued to each
20 applicant who successfully completes the examination, which
21 certificate authorizes the individual named thereon to
22 practice throughout the state as a building code
23 administrator, plans examiner, or building code inspector
24 within such class and level as is specified by the board.
25 (c) The board may accept proof that the applicant has
26 passed an examination which is substantially equivalent to the
27 board-approved examination set forth in this section.
28 (6)(a) A building code administrator, plans examiner,
29 or building code inspector holding office on July 1, 1993,
30 shall not be required to possess a standard certificate as a
31 condition of tenure or continued employment, but shall be
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HB 1109, Second Engrossed
1 required to obtain a limited certificate as described in this
2 subsection.
3 (b) By October 1, 1993, individuals who were employed
4 on July 1, 1993, as building code administrators, plans
5 examiners, or building code inspectors, who are not eligible
6 for a standard certificate, but who wish to continue in such
7 employment, shall submit to the board the appropriate
8 application and certification fees and shall receive a limited
9 certificate qualifying them to engage in building code
10 administration, plans examination, or building code inspection
11 in the class, at the performance level, and within the
12 governmental jurisdiction in which such person is employed.
13 (c) The limited certificate shall be valid only as an
14 authorization for the building code administrator, plans
15 examiner, or building code inspector to continue in the
16 position held, and to continue performing all functions
17 assigned to that position, on July 1, 1993.
18 (d) A building code administrator, plans examiner, or
19 building code inspector holding a limited certificate can be
20 promoted to a position requiring a higher level certificate
21 only upon issuance of a standard certificate or provisional
22 certificate appropriate for such new position.
23 (7)(a) The board may provide for the issuance of
24 provisional certificates valid for such period, not less than
25 3 years 1 year nor more than 5 3 years, as specified by board
26 rule, to any newly employed or promoted building code
27 inspector or plans examiner who meets the eligibility
28 requirements described in subsection (2) and any newly
29 employed or promoted building code administrator who meets the
30 eligibility requirements described in subsection (3) building
31 code administrator, plans examiner, or inspector.
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HB 1109, Second Engrossed
1 (b) No building code administrator, plans examiner, or
2 building code inspector may have a provisional certificate
3 extended beyond the specified period by renewal or otherwise.
4 (c) The board may provide for appropriate levels of
5 provisional certificates and may issue these certificates with
6 such special conditions or requirements relating to the place
7 of employment of the person holding the certificate, the
8 supervision of such person on a consulting or advisory basis,
9 or other matters as the board may deem necessary to protect
10 the public safety and health.
11 (d) A newly employed or hired person may perform the
12 duties of a plans examiner or building code inspector for 90
13 days if a provisional certificate application has been
14 submitted, provided such person is under the direct
15 supervision of a certified building code administrator who
16 holds a standard certification and who has found such person
17 qualified for a provisional certificate. However, direct
18 supervision and the determination of qualifications under this
19 paragraph may be provided by a building code administrator who
20 holds a limited or provisional certificate in any county with
21 a population of less than 75,000 and in any municipality
22 located within such a county.
23 (8)(a) Any individual who holds a valid certificate
24 under the provisions of s. 553.795, or who has successfully
25 completed all requirements for certification pursuant to such
26 section, shall be deemed to have satisfied the requirements
27 for receiving a standard certificate prescribed by this part.
28 (b) Any individual who holds a valid certificate
29 issued by the Southern Building Code Congress International,
30 the Building Officials Association of Florida, the South
31 Florida Building Code (Dade and Broward), or the Council of
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HB 1109, Second Engrossed
1 American Building Officials certification programs, or who has
2 been approved for certification under one of those programs
3 not later than October 1, 1995, shall be deemed to have
4 satisfied the requirements for receiving a standard
5 certificate in the corresponding category prescribed by this
6 part. Employees of counties with a population of less than
7 50,000, or employees of municipalities with a population of
8 less than 3,500, shall be deemed to have satisfied the
9 requirements for standard certification where such employee is
10 approved for certification under one of the programs set forth
11 in this paragraph not later than October 1, 1998.
12 (8)(9) Any individual applying to the board may be
13 issued a certificate valid for multiple building code
14 inspection classes, as deemed appropriate by the board.
15 (9)(10) Certification and training classes may be
16 developed in coordination with degree career education
17 centers, community colleges, the State University System, or
18 other entities offering certification and training classes.
19 (10)(11) The board may by rule create categories of
20 certification in addition to those defined in s. 468.603(6)
21 and (7). Such certification categories shall not be mandatory
22 and shall not act to diminish the scope of any certificate
23 created by statute.
24 Section 18. Section 468.617, Florida Statutes, is
25 amended to read:
26 468.617 Joint building code inspection department;
27 other arrangements.--
28 (1) Nothing in this part shall prohibit any local
29 jurisdiction from entering into and carrying out contracts
30 with any other local jurisdiction under which the parties
31 agree to create and support a joint building code inspection
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HB 1109, Second Engrossed
1 department for conforming to the provisions of this part. In
2 lieu of a joint building code inspection department, any local
3 jurisdiction may designate a building code an inspector from
4 another local jurisdiction to serve as a building code an
5 inspector for the purposes of this part.
6 (2) Nothing in this part shall prohibit local
7 governments from contracting with persons certified pursuant
8 to this part to perform building code inspections or plan
9 reviews. An individual or entity may not inspect or examine
10 plans on projects in which the individual or entity designed
11 or permitted the projects.
12 (3) Nothing in this part shall prohibit any county or
13 municipal government from entering into any contract with any
14 person or entity for the provision of building code inspection
15 services regulated under this part, and notwithstanding any
16 other statutory provision, such county or municipal
17 governments may enter into contracts.
18 Section 19. Section 468.619, Florida Statutes, is
19 created to read:
20 468.619 Building code enforcement officials' bill of
21 rights.--
22 (1) It is the finding of the Legislature that building
23 code enforcement officials are employed by local jurisdictions
24 to exercise police powers of the state in the course of their
25 duties and are in that way similar to law enforcement
26 personnel, correctional officers, and firefighters. It is the
27 further finding of the Legislature that building code
28 enforcement officials are thereby sufficiently distinguishable
29 from other professionals regulated by the department so that
30 their circumstances merit additional specific protections in
31
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HB 1109, Second Engrossed
1 the course of disciplinary investigations and proceedings
2 against their licenses.
3 (2) All enforcement officials licensed under this part
4 shall have the rights and privileges specified in this
5 section. Such rights are not exclusive to other rights, and an
6 enforcement official does not forfeit any rights otherwise
7 held under federal, state, or local law. In any instance of a
8 conflict between a provision of this section and a provision
9 of chapter 455, the provision of this section shall supersede
10 the provision of chapter 455.
11 (3) Whenever an enforcement official is subjected to
12 an investigative interview for possible disciplinary action by
13 the department, such interview shall be conducted pursuant to
14 the requirements of this subsection.
15 (a) The interview shall take place at a reasonable
16 hour. If the interview is taken in person, it shall take place
17 not more than 30 miles from where the licensee works, or at
18 any other mutually agreeable location or time.
19 (b) An enforcement official may not be subjected to an
20 interview without first receiving written notice of sufficient
21 details of the complaint in order to be reasonably apprised of
22 the nature of the investigation and of the substance of the
23 allegations made. The enforcement official shall be informed
24 prior to the interview whether the complaint originated from
25 the department or from a consumer.
26 (c) At his or her request, an enforcement official
27 under investigation shall have the right to be represented by
28 counsel or by any other representative of his or her choice,
29 who shall be present at such time as the enforcement official
30 wishes during the interview.
31
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1 (d) During the interview, the enforcement official may
2 not be subjected to offensive language. No promise may be made
3 or reward offered to the enforcement official as an inducement
4 to answer any question.
5 (e) If requested by the enforcement official, the
6 interview of an enforcement official, including notation of
7 all recess periods, must be recorded on audio tape, or
8 otherwise preserved in such a manner as to allow a transcript
9 to be prepared, and there shall be no unrecorded questions or
10 statements. Upon the request of the enforcement official, a
11 copy of any such recording of the interview must be made
12 available to the enforcement official no later than 72 hours
13 following the interview, excluding holidays and weekends. The
14 expense of the recording and transcript shall be borne by the
15 enforcement official.
16 (f) If the testimony is transcribed, the transcript
17 must be furnished to the enforcement official for examination,
18 and shall be read to or by the enforcement official, unless
19 waived by all parties involved. Any changes in form or
20 substance that the enforcement official wants to make shall be
21 listed in writing, with a statement of the reasons for making
22 the changes. The changes shall be attached to the transcript.
23 Any transcript of an interview with an enforcement official
24 which is to be used in any proceeding against the enforcement
25 official shall be sworn or affirmed to and acknowledged by the
26 enforcement official.
27 (4) The investigation of a complaint against an
28 enforcement official is subject to the time restrictions set
29 forth in this subsection, and failure to comply with any time
30 restriction set forth in this subsection shall result in
31 dismissal of the complaint against the enforcement official.
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1 An investigation of a complaint against an enforcement
2 official that was dismissed for failure to comply with a time
3 restriction set forth in this subsection may not be reopened.
4 However, in any instance of an additional complaint being
5 initiated, information or investigation related to the
6 dismissed complaint may be used.
7 (a) The department must inform the enforcement
8 official of any legally sufficient complaint received,
9 including the substance of the allegation, within 10 days
10 after receipt of the complaint by the department.
11 (b) The enforcement official shall be given thirty
12 (30) days to respond to any legally sufficient complaint.
13 (c) No longer than 180 days from the date of the
14 receipt of the complaint, the department shall submit the
15 investigation, whether complete or not, to the probable cause
16 panel for review. In the event the investigation is not
17 complete, the probable cause panel shall review and instruct
18 the department to complete the investigation within a time
19 certain and, in no event, greater than ninety (90) days or
20 dismiss the complaint with prejudice.
21 (5) The enforcement official shall be considered an
22 agent of the governmental entity employing him or her and as
23 such shall be defended by that entity in any action brought by
24 the department or the board, provided the enforcement official
25 is working within the scope of his or her employment.
26 (6) An enforcement official shall not be subject to
27 disciplinary action in regard to his or her certification for
28 exercising his or her rights under this section.
29 (7) If any action taken against the enforcement
30 official by the department or the board is found to be without
31 merit by a court of competent jurisdiction, or if judgment in
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HB 1109, Second Engrossed
1 such an action is awarded to the enforcement official, the
2 department or the board, or the assignee of the department or
3 board, shall reimburse the enforcement official or his or her
4 employer, as appropriate, for reasonable legal costs and
5 reasonable attorney's fees incurred. The amount awarded shall
6 not exceed the limit provided in s. 120.595.
7 (8) An enforcement official may bring civil suit
8 against any person, group of persons, or organization or
9 corporation, or the head of such organization or corporation,
10 for damages, either pecuniary or otherwise, suffered pursuant
11 to the performance of the enforcement official's duties or for
12 abridgement of the enforcement official's civil rights arising
13 out of the enforcement official's performance of official
14 duties.
15 (9) Notwithstanding any other provision in law, while
16 under investigation the enforcement official shall not be
17 denied any and all the rights and privileges of a licensee in
18 good standing.
19 Section 20. Subsection (3) of section 468.621, Florida
20 Statutes, is amended to read:
21 468.621 Disciplinary proceedings.--
22 (3) Where a certificate is suspended, placed on
23 probation, or has conditions imposed, the board shall
24 reinstate the certificate of a disciplined building code
25 administrator, plans examiner, or building code inspector upon
26 proof the disciplined individual has complied with all terms
27 and conditions set forth in the final order.
28 Section 21. Subsections (2), (3), and (4) of section
29 468.627, Florida Statutes, are amended to read:
30 468.627 Application; examination; renewal; fees.--
31
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1 (2) The initial application fee may not exceed $25 for
2 building code administrators, plans examiners, or building
3 code inspectors.
4 (3) The initial examination fee may not exceed $150
5 for building code administrators, plans examiners, or building
6 code inspectors.
7 (4) Employees of local government agencies having
8 responsibility for building code inspection, building
9 construction regulation, and enforcement of building,
10 plumbing, mechanical, electrical, gas, fire prevention,
11 energy, accessibility, and other construction codes shall pay
12 no application fees or examination fees.
13 Section 22. Section 468.631, Florida Statutes, is
14 amended to read:
15 468.631 Building Code Administrators and Inspectors
16 Fund.--The provisions of this part shall be funded through a
17 surcharge, to be assessed pursuant to s. 125.56(4) or s.
18 166.201 at the rate of one-half cent per square foot of
19 under-roof floor space permitted, including new construction,
20 renovations, alterations, and additions. The unit of
21 government responsible for collecting permit fees pursuant to
22 s. 125.56(4) or s. 166.201 shall collect such surcharge and
23 shall remit the funds to the department on a quarterly
24 calendar basis beginning not later than December 31, 1993, for
25 the preceding quarter, and continuing each third month
26 thereafter; and such unit of government may retain an amount
27 up to 10 percent of the surcharge collected to fund projects
28 and activities intended to improve the quality of building
29 code enforcement. There is created within the Professional
30 Regulation Trust Fund a separate account to be known as the
31 Building Code Administrators and Inspectors Fund, which shall
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HB 1109, Second Engrossed
1 deposit and disburse funds as necessary for the implementation
2 of this part. The department shall annually establish the
3 amount needed to fund the certification and regulation of
4 building code administrators, plans examiners, and building
5 code inspectors. Any funds collected in excess of the amount
6 needed to adequately fund the certification and regulation of
7 building code administrators, plans examiners, and building
8 code inspectors shall be deposited into the Construction
9 Industries Recovery Fund established by s. 489.140. If the
10 Construction Industries Recovery Fund is fully funded as
11 provided by s. 489.140, any remaining funds shall be
12 distributed to the Construction Industry Licensing Board for
13 use in the regulation of certified and registered contractors.
14 Section 23. Subsection (1) of section 468.633, Florida
15 Statutes, is amended to read:
16 468.633 Authority of local government.--
17 (1) Nothing in this part may be construed to restrict
18 the authority of local governments to require as a condition
19 of employment that building code administrators, plans
20 examiners, and building code inspectors possess qualifications
21 beyond the requirements for certification contained in this
22 part.
23 Section 24. Paragraph (a) of subsection (1) of section
24 112.3145, Florida Statutes, is amended to read:
25 112.3145 Disclosure of financial interests and clients
26 represented before agencies.--
27 (1) For purposes of this section, unless the context
28 otherwise requires, the term:
29 (a) "Local officer" means:
30 1. Every person who is elected to office in any
31 political subdivision of the state, and every person who is
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1 appointed to fill a vacancy for an unexpired term in such an
2 elective office.
3 2. Any appointed member of a board; commission;
4 authority, including any expressway authority or
5 transportation authority established by general law; community
6 college district board of trustees; or council of any
7 political subdivision of the state, excluding any member of an
8 advisory body. A governmental body with land-planning, zoning,
9 or natural resources responsibilities shall not be considered
10 an advisory body.
11 3. Any person holding one or more of the following
12 positions: mayor; county or city manager; chief administrative
13 employee of a county, municipality, or other political
14 subdivision; county or municipal attorney; chief county or
15 municipal building code inspector; county or municipal water
16 resources coordinator; county or municipal pollution control
17 director; county or municipal environmental control director;
18 county or municipal administrator, with power to grant or deny
19 a land development permit; chief of police; fire chief;
20 municipal clerk; district school superintendent; community
21 college president; district medical examiner; or purchasing
22 agent having the authority to make any purchase exceeding the
23 threshold amount provided for in s. 287.017 for CATEGORY ONE,
24 on behalf of any political subdivision of the state or any
25 entity thereof.
26 Section 25. Subsection (3) of section 125.56, Florida
27 Statutes, is amended to read:
28 125.56 Adoption or amendment of building code;
29 inspection fees; inspectors; etc.--
30 (3) The board of county commissioners of each of the
31 several counties may employ a building code inspector and such
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1 other personnel as it deems necessary to carry out the
2 provisions of this act and may pay reasonable salaries for
3 such services.
4 Section 26. Paragraph (g) of subsection (5) of section
5 212.08, Florida Statutes, is amended to read:
6 212.08 Sales, rental, use, consumption, distribution,
7 and storage tax; specified exemptions.--The sale at retail,
8 the rental, the use, the consumption, the distribution, and
9 the storage to be used or consumed in this state of the
10 following are hereby specifically exempt from the tax imposed
11 by this chapter.
12 (5) EXEMPTIONS; ACCOUNT OF USE.--
13 (g) Building materials used in the rehabilitation of
14 real property located in an enterprise zone.--
15 1. Beginning July 1, 1995, building materials used in
16 the rehabilitation of real property located in an enterprise
17 zone shall be exempt from the tax imposed by this chapter upon
18 an affirmative showing to the satisfaction of the department
19 that the items have been used for the rehabilitation of real
20 property located in an enterprise zone. Except as provided in
21 subparagraph 2., this exemption inures to the owner, lessee,
22 or lessor of the rehabilitated real property located in an
23 enterprise zone only through a refund of previously paid
24 taxes. To receive a refund pursuant to this paragraph, the
25 owner, lessee, or lessor of the rehabilitated real property
26 located in an enterprise zone must file an application under
27 oath with the governing body or enterprise zone development
28 agency having jurisdiction over the enterprise zone where the
29 business is located, as applicable, which includes:
30 a. The name and address of the person claiming the
31 refund.
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1 b. An address and assessment roll parcel number of the
2 rehabilitated real property in an enterprise zone for which a
3 refund of previously paid taxes is being sought.
4 c. A description of the improvements made to
5 accomplish the rehabilitation of the real property.
6 d. A copy of the building permit issued for the
7 rehabilitation of the real property.
8 e. A sworn statement, under the penalty of perjury,
9 from the general contractor licensed in this state with whom
10 the applicant contracted to make the improvements necessary to
11 accomplish the rehabilitation of the real property, which
12 statement lists the building materials used in the
13 rehabilitation of the real property, the actual cost of the
14 building materials, and the amount of sales tax paid in this
15 state on the building materials. In the event that a general
16 contractor has not been used, the applicant shall provide this
17 information in a sworn statement, under the penalty of
18 perjury. Copies of the invoices which evidence the purchase of
19 the building materials used in such rehabilitation and the
20 payment of sales tax on the building materials shall be
21 attached to the sworn statement provided by the general
22 contractor or by the applicant. Unless the actual cost of
23 building materials used in the rehabilitation of real property
24 and the payment of sales taxes due thereon is documented by a
25 general contractor or by the applicant in this manner, the
26 cost of such building materials shall be an amount equal to 40
27 percent of the increase in assessed value for ad valorem tax
28 purposes.
29 f. The identifying number assigned pursuant to s.
30 290.0065 to the enterprise zone in which the rehabilitated
31 real property is located.
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1 g. A certification by the local building code
2 inspector that the improvements necessary to accomplish the
3 rehabilitation of the real property are substantially
4 completed.
5 h. Whether the business is a small business as defined
6 by s. 288.703(1).
7 i. If applicable, the name and address of each
8 permanent employee of the business, including, for each
9 employee who is a resident of an enterprise zone, the
10 identifying number assigned pursuant to s. 290.0065 to the
11 enterprise zone in which the employee resides.
12 2. This exemption inures to a city, county, or other
13 governmental agency through a refund of previously paid taxes
14 if the building materials used in the rehabilitation of real
15 property located in an enterprise zone are paid for from the
16 funds of a community development block grant or similar grant
17 or loan program. To receive a refund pursuant to this
18 paragraph, a city, county, or other governmental agency must
19 file an application which includes the same information
20 required to be provided in subparagraph 1. by an owner,
21 lessee, or lessor of rehabilitated real property. In addition,
22 the application must include a sworn statement signed by the
23 chief executive officer of the city, county, or other
24 governmental agency seeking a refund which states that the
25 building materials for which a refund is sought were paid for
26 from the funds of a community development block grant or
27 similar grant or loan program.
28 3. Within 10 working days after receipt of an
29 application, the governing body or enterprise zone development
30 agency shall review the application to determine if it
31 contains all the information required pursuant to subparagraph
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1 1. or subparagraph 2. and meets the criteria set out in this
2 paragraph. The governing body or agency shall certify all
3 applications that contain the information required pursuant to
4 subparagraph 1. or subparagraph 2. and meet the criteria set
5 out in this paragraph as eligible to receive a refund. If
6 applicable, the governing body or agency shall also certify if
7 20 percent of the employees of the business are residents of
8 an enterprise zone, excluding temporary and part-time
9 employees. The certification shall be in writing, and a copy
10 of the certification shall be transmitted to the executive
11 director of the Department of Revenue. The applicant shall be
12 responsible for forwarding a certified application to the
13 department within the time specified in subparagraph 4.
14 4. An application for a refund pursuant to this
15 paragraph must be submitted to the department within 6 months
16 after the rehabilitation of the property is deemed to be
17 substantially completed by the local building code inspector.
18 5. The provisions of s. 212.095 do not apply to any
19 refund application made pursuant to this paragraph. No more
20 than one exemption through a refund of previously paid taxes
21 for the rehabilitation of real property shall be permitted for
22 any one parcel of real property. No refund shall be granted
23 pursuant to this paragraph unless the amount to be refunded
24 exceeds $500. No refund granted pursuant to this paragraph
25 shall exceed the lesser of 97 percent of the Florida sales or
26 use tax paid on the cost of the building materials used in the
27 rehabilitation of the real property as determined pursuant to
28 sub-subparagraph 1.e. or $5,000, or, if no less than 20
29 percent of the employees of the business are residents of an
30 enterprise zone, excluding temporary and part-time employees,
31 the amount of refund granted pursuant to this paragraph shall
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1 not exceed the lesser of 97 percent of the sales tax paid on
2 the cost of such building materials or $10,000. A refund
3 approved pursuant to this paragraph shall be made within 30
4 days of formal approval by the department of the application
5 for the refund.
6 6. The department shall adopt rules governing the
7 manner and form of refund applications and may establish
8 guidelines as to the requisites for an affirmative showing of
9 qualification for exemption under this paragraph.
10 7. The department shall deduct an amount equal to 10
11 percent of each refund granted under the provisions of this
12 paragraph from the amount transferred into the Local
13 Government Half-cent Sales Tax Clearing Trust Fund pursuant to
14 s. 212.20 for the county area in which the rehabilitated real
15 property is located and shall transfer that amount to the
16 General Revenue Fund.
17 8. For the purposes of the exemption provided in this
18 paragraph:
19 a. "Building materials" means tangible personal
20 property which becomes a component part of improvements to
21 real property.
22 b. "Real property" has the same meaning as provided in
23 s. 192.001(12).
24 c. "Rehabilitation of real property" means the
25 reconstruction, renovation, restoration, rehabilitation,
26 construction, or expansion of improvements to real property.
27 d. "Substantially completed" has the same meaning as
28 provided in s. 192.042(1).
29 9. The provisions of this paragraph shall expire and
30 be void on December 31, 2005.
31
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1 Section 27. Paragraph (a) of subsection (2) of section
2 252.924, Florida Statutes, is amended to read:
3 252.924 Party state responsibilities.--
4 (2) The authorized representative of a party state may
5 request assistance of another party state by contacting the
6 authorizing representative of that state. The provisions of
7 this agreement shall only apply to requests for assistance
8 made by and to authorized representatives. Requests may be
9 verbal or in writing. If verbal, the request shall be
10 confirmed in writing within 90 days of the verbal request.
11 Requests shall provide the following information:
12 (a) A description of the emergency service function
13 for which assistance is needed, such as, but not limited to,
14 fire services, law enforcement, emergency medical,
15 transportation, communications, public works and engineering,
16 building code inspection, planning and information assistance,
17 mass care, resource support, health and medical services, and
18 search and rescue.
19 Section 28. Paragraph (j) of subsection (3) of section
20 404.056, Florida Statutes, is amended to read:
21 404.056 Environmental radiation standards and
22 programs; radon protection.--
23 (3) CERTIFICATION.--
24 (j) The department may set criteria and requirements
25 for the application, certification, and annual renewal of
26 certification for radon measurement and mitigation businesses,
27 which may include:
28 1. Requirements for measurement devices and
29 measurement procedures, including the disclosure of mitigation
30 materials, systems, and other mitigation services offered.
31
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1 2. The identification of certified specialists and
2 technicians employed by the business and requirements for
3 specialist staffing and duties.
4 3. The analysis of measurement devices by proficient
5 analytical service providers.
6 4. Requirements for a quality assurance and quality
7 control program.
8 5. The disclosure of client measurement reporting
9 forms and warranties and operating instructions for mitigation
10 systems.
11 6. Requirements for radon services publications and
12 the identification of the radon business certification number
13 in advertisements.
14 7. Requirements for a worker health and safety
15 program.
16 8. Requirements for maintaining radon records.
17 9. The operation of branch office locations.
18 10. Requirements for supervising subcontractors who
19 install mitigation systems.
20 11. Requirements for building code inspections and
21 evaluation and standards for the design and installation of
22 mitigation systems.
23 12. Prescribing conditions of mitigation measurements.
24 Section 29. Section 471.045, Florida Statutes, is
25 amended to read:
26 471.045 Professional engineers performing building
27 code inspector duties.--Notwithstanding any other provision of
28 law, a person who is currently licensed under this chapter to
29 practice as a professional engineer may provide building code
30 inspection services described in s. 468.603(6) and (7) to a
31 local government or state agency upon its request, without
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1 being certified by the Florida Building Code Administrators
2 and Inspectors Board under part XII of chapter 468. When
3 performing these building code inspection services, the
4 professional engineer is subject to the disciplinary
5 guidelines of this chapter and s. 468.621(1)(c)-(h). Any
6 complaint processing, investigation, and discipline that arise
7 out of a professional engineer's performing building code
8 inspection services shall be conducted by the Board of
9 Professional Engineers rather than the Florida Building Code
10 Administrators and Inspectors Board. A professional engineer
11 may not perform plans review as an employee of a local
12 government upon any job that the professional engineer or the
13 professional engineer's company designed.
14 Section 30. Section 481.222, Florida Statutes, is
15 amended to read:
16 481.222 Architects performing building code inspector
17 duties.--Notwithstanding any other provision of law, a person
18 who is currently licensed to practice as an architect under
19 this part may provide building code inspection services
20 described in s. 468.603(6) and (7) to a local government or
21 state agency upon its request, without being certified by the
22 Florida Building Code Administrators and Inspectors Board
23 under part XII of chapter 468. With respect to the performance
24 of such building code inspection services, the architect is
25 subject to the disciplinary guidelines of this part and s.
26 468.621(1)(c)-(h). Any complaint processing, investigation,
27 and discipline that arise out of an architect's performance of
28 building code inspection services shall be conducted by the
29 Board of Architecture and Interior Design rather than the
30 Florida Building Code Administrators and Inspectors Board. An
31 architect may not perform plans review as an employee of a
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HB 1109, Second Engrossed
1 local government upon any job that the architect or the
2 architect's company designed.
3 Section 31. Paragraph (b) of subsection (18) of
4 section 489.103, Florida Statutes, is amended to read:
5 489.103 Exemptions.--This part does not apply to:
6 (18) Any one-family, two-family, or three-family
7 residence constructed by Habitat for Humanity International,
8 Inc., or its local affiliates. Habitat for Humanity
9 International, Inc., or its local affiliates, must:
10 (b) Obtain all required building code inspections.
11 Section 32. Section 725.06, Florida Statutes, is
12 amended to read:
13 725.06 Construction contracts; limitation on
14 indemnification.
15 (1) A construction contract may require a party to
16 that contract to indemnify and hold harmless the other party
17 to the contract, their officers and employees, from
18 liabilities, damages, losses and costs, including, but not
19 limited to reasonable attorney's fees, to the extent caused by
20 the negligence, recklessness or intentional wrongful
21 misconduct of the indemnifying party and persons employed or
22 utilized by the indemnifying party in the performance of the
23 construction contract.
24 (2) Except as specifically provided in subsection (1),
25 a construction contract may not require one party to indemnify
26 the other party, its employees, officers, directors, or agents
27 from any liability, damage, loss, claim, action, or
28 proceeding, and any such contract provision is void as against
29 public policy of this state.
30 Any portion of any agreement or contract for, or in
31 connection with, any construction, alteration, repair, or
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1 demolition of a building, structure, appurtenance, or
2 appliance, including moving and excavating connected with it,
3 or any guarantee of, or in connection with, any of them,
4 between an owner of real property and an architect, engineer,
5 general contractor, subcontractor, sub-subcontractor, or
6 materialman, or between any combination thereof, wherein any
7 party referred to herein obtains indemnification from
8 liability for damages to persons or property caused in whole
9 or in part by any act, omission, or default of that party
10 arising from the contract or its performance shall be void and
11 unenforceable unless:
12 (1) The contract contains a monetary limitation on the
13 extent of the indemnification and shall be a part of the
14 project specifications or bid documents, if any, or
15 (2) The person indemnified by the contract gives a
16 specific consideration to the indemnitor for the
17 indemnification that shall be provided for in his or her
18 contract and section of the project specifications or bid
19 documents, if any.
20 Section 33. Subsections (1) and (3) of section
21 471.025, Florida Statutes, are amended to read:
22 471.025 Seals.--
23 (1) The board shall prescribe, by rule, a form of seal
24 to be used by registrants holding valid certificates of
25 registration. Each registrant shall obtain an impression-type
26 metal seal in the form aforesaid and may, in addition,
27 register his or her seal electronically in accordance with ss.
28 282.70-282.75. All final drawings, specifications, plans,
29 reports, or documents prepared or issued by the registrant and
30 being filed for public record and all final bid documents
31 provided to the owner or the owner's representative shall be
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1 signed by the registrant, dated, and stamped with said seal.
2 Such signature, date, and seal shall be evidence of the
3 authenticity of that to which they are affixed. Drawings,
4 specifications, plans, reports, final bid documents, or
5 documents prepared or issued by a registrant may be
6 transmitted electronically and may be signed by the
7 registrant, dated, and stamped electronically with said seal
8 in accordance with ss. 282.70-282.75.
9 (3) No registrant shall affix or permit to be affixed
10 his or her seal, name, or digital signature to any plan,
11 specification, drawing, final bid document, or other document
12 that which depicts work which he or she is not licensed to
13 perform or which is beyond his or her profession or specialty
14 therein.
15 Section 34. 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
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1 unlicensed contracting under this section shall be issued a
2 notice of noncompliance pursuant to s. 489.131(7).
3 (3) Notwithstanding s. 455.228, the department may
4 impose an administrative fine of up to $10,000 on any
5 unlicensed person guilty of unlicensed contracting. In
6 addition, the department may assess reasonable investigative
7 and legal costs for prosecution of the violation against the
8 unlicensed contractor. The department may waive up to one-half
9 of any fine imposed if the unlicensed contractor complies with
10 certification or registration within 1 year after imposition
11 of the fine under this subsection.
12 (4)(a) Any fines collected under this section shall be
13 first used to cover the investigative and legal costs of
14 prosecution.
15 (b) Any local governing body that forwards information
16 relating to any person who is an unlicensed contractor shall
17 collect 30 percent of the fine collected, after deduction of
18 the investigative and legal costs of prosecution.
19 (c) The balance of any fines collected under this
20 section shall be used to maintain the department's unlicensed
21 contractor website page, as specified in subsection (6), and
22 to fund the Construction Industries Recovery Fund. Nothing in
23 this paragraph shall be construed to permit recovery from the
24 Construction Industries Recovery Fund if the contractor is
25 unlicensed.
26 (5)(2) A local building department shall not issue a
27 building permit to any contractor, or to any person
28 representing himself or herself as a contractor, who does not
29 hold a valid active certificate or registration in the
30 appropriate category. Possession of a local certificate of
31 competency or local construction license is not sufficient to
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1 lawfully obtain a building permit as a construction contractor
2 if the activity in question requires licensure under this
3 part. Nothing in this section shall be construed as
4 prohibiting a local building department from issuing a
5 building permit to a locally licensed or certified contractor
6 for an activity that does not require licensure under this
7 part.
8 (6) The department shall create a web page, accessible
9 through its Internet website, dedicated solely to listing any
10 known information on unlicensed contractors. The information
11 shall be provided in such a way that any person with computer
12 on-line capabilities can access information on unlicensed
13 contractors by name or by county. The department shall
14 recognize that persons found guilty of unlicensed contracting
15 do not have the same rights and privileges as licensees, and
16 the department shall not restrict the quality or quantity of
17 information on the web page required by this subsection,
18 unless otherwise required by law.
19 (7) The remedies set forth in this section are not
20 exclusive and may be imposed in addition to the remedies set
21 forth in s. 489.127(2). In addition, nothing in this section
22 is intended to prohibit the department or any local governing
23 body from filing a civil action or seeking criminal penalties
24 against an unlicensed contractor.
25 Section 35. Paragraphs (j), (k), and (l) of subsection
26 (3) of section 489.105, Florida Statutes, are amended to read:
27 489.105 Definitions.--As used in this part:
28 (3) "Contractor" means the person who is qualified
29 for, and shall only be responsible for, the project contracted
30 for and means, except as exempted in this part, the person
31 who, for compensation, undertakes to, submits a bid to, or
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1 does himself or herself or by others construct, repair, alter,
2 remodel, add to, demolish, subtract from, or improve any
3 building or structure, including related improvements to real
4 estate, for others or for resale to others; and whose job
5 scope is substantially similar to the job scope described in
6 one of the subsequent paragraphs of this subsection. For the
7 purposes of regulation under this part, "demolish" applies
8 only to demolition of steel tanks over 50 feet in height;
9 towers over 50 feet in height; other structures over 50 feet
10 in height, other than buildings or residences over three
11 stories tall; and buildings or residences over three stories
12 tall. Contractors are subdivided into two divisions, Division
13 I, consisting of those contractors defined in paragraphs
14 (a)-(c), and Division II, consisting of those contractors
15 defined in paragraphs (d)-(q):
16 (j) "Commercial pool/spa contractor" means a
17 contractor whose scope of work involves, but is not limited
18 to, the construction, repair, and servicing of any swimming
19 pool, or hot tub or spa, whether public, private, or
20 otherwise, regardless of use. The scope of work includes,
21 including the installation, repair, or replacement of existing
22 equipment, any cleaning or equipment sanitizing which requires
23 at least a partial disassembling, excluding filter changes,
24 and or the installation of new pool/spa equipment, interior
25 finishes, the installation of package pool heaters, the
26 installation of all perimeter piping and filter piping, and
27 the construction of equipment rooms or housing for pool/spa
28 equipment, as necessary. The scope of such work includes
29 layout, excavation, operation of construction pumps for
30 dewatering purposes, steelwork, installation of light niches,
31 construction of floors, guniting, fiberglassing, installation
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1 of tile and coping, installation of all perimeter and filter
2 piping, installation of all filter equipment and chemical
3 feeders of any type, plastering of the interior, construction
4 of decks, construction of equipment rooms or housing for pool
5 equipment, and installation of package pool heaters and also
6 includes the scope of work of a swimming pool/spa servicing
7 contractor. However, The scope of such work does not include
8 direct connections to a sanitary sewer system or to potable
9 water lines. The installation, construction, modification, or
10 replacement of equipment permanently attached to and
11 associated with the pool or spa for the purpose of water
12 treatment or cleaning of the pool or spa requires licensure;
13 however, the usage of such equipment for the purposes of water
14 treatment or cleaning shall not require licensure unless the
15 usage involves construction, modification, or replacement of
16 such equipment. Water treatment that does not require such
17 equipment does not require a license. In addition, a license
18 shall not be required for the cleaning of the pool or spa in
19 any way that does not affect the structural integrity of the
20 pool or spa or its associated equipment.
21 (k) "Residential pool/spa contractor" means a
22 contractor whose scope of work involves, but is not limited
23 to, the construction, repair, and servicing of any residential
24 swimming pool, or hot tub or spa, regardless of use. The scope
25 of work includes, including the installation, repair, or
26 replacement of existing equipment, any cleaning or equipment
27 sanitizing which requires at least a partial disassembling,
28 excluding filter changes, and or the installation of new
29 pool/spa equipment, interior finishes, the installation of
30 package pool heaters, the installation of all perimeter piping
31 and filter piping, and the construction of equipment rooms or
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1 housing for pool/spa equipment, as necessary. The scope of
2 such work includes layout, excavation, operation of
3 construction pumps for dewatering purposes, steelwork,
4 installation of light niches, construction of floors,
5 guniting, fiberglassing, installation of tile and coping,
6 installation of all perimeter and filter piping, installation
7 of all filter equipment and chemical feeders of any type,
8 plastering of the interior, construction of decks,
9 installation of housing for pool equipment, and installation
10 of package pool heaters and also includes the scope of work of
11 a swimming pool/spa servicing contractor. However, The scope
12 of such work does not include direct connections to a sanitary
13 sewer system or to potable water lines. The installation,
14 construction, modification, or replacement of equipment
15 permanently attached to and associated with the pool or spa
16 for the purpose of water treatment or cleaning of the pool or
17 spa requires licensure; however, the usage of such equipment
18 for the purposes of water treatment or cleaning shall not
19 require licensure unless the usage involves construction,
20 modification, or replacement of such equipment. Water
21 treatment that does not require such equipment does not
22 require a license. In addition, a license shall not be
23 required for the cleaning of the pool or spa in any way that
24 does not affect the structural integrity of the pool or spa or
25 its associated equipment.
26 (l) "Swimming pool/spa servicing contractor" means a
27 contractor whose scope of work involves, but is not limited
28 to, the repair and the servicing and repair of any swimming
29 pool, or hot tub or spa, whether public or private, or
30 otherwise, regardless of use. The scope of such work includes
31 the repair or may include any necessary piping and repairs,
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1 replacement and repair of existing equipment, any cleaning or
2 equipment sanitizing which requires at least a partial
3 disassembling, excluding filter changes, and the or
4 installation of new pool/spa additional equipment, interior
5 refinishing, the reinstallation or addition of pool heaters,
6 the as necessary. The scope of such work includes the
7 reinstallation of tile and coping, repair or and replacement
8 of all perimeter piping and filter piping, the repair of
9 equipment rooms or housing for pool/spa equipment, and the
10 substantial or complete draining of a swimming pool, or hot
11 tub or spa, for the purpose of any repair or renovation. The
12 scope of such work does not include direct connections to a
13 sanitary sewer system or to potable water lines filter
14 equipment, and chemical feeders of any type, replastering,
15 reconstruction of decks, and reinstallation or addition of
16 pool heaters. The installation, construction, modification,
17 substantial or complete disassembly, or replacement of
18 equipment permanently attached to and associated with the pool
19 or spa for the purpose of water treatment or cleaning of the
20 pool or spa requires licensure; however, the usage of such
21 equipment for the purposes of water treatment or cleaning
22 shall not require licensure unless the usage involves
23 construction, modification, substantial or complete
24 disassembly, or replacement of such equipment. Water treatment
25 that does not require such equipment does not require a
26 license. In addition, a license shall not be required for the
27 cleaning of the pool or spa in any way that does not affect
28 the structural integrity of the pool or spa or its associated
29 equipment.
30 Section 36. Section 489.118, Florida Statutes, is
31 amended to read:
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1 489.118 Certification of registered contractors;
2 grandfathering provisions.--The board shall, upon receipt of a
3 completed application and appropriate fee, issue a certificate
4 in the appropriate category to any contractor registered under
5 this part who makes application to the board and can show that
6 he or she meets each of the following requirements:
7 (1) Currently holds a valid registered local license
8 in one of the contractor categories defined in s.
9 489.105(3)(a)-(p).
10 (2) Has, for that category, passed a written
11 examination that the board finds to be substantially similar
12 to the examination required to be licensed as a certified
13 contractor under this part. For purposes of this subsection, a
14 written, proctored examination such as that produced by the
15 National Assessment Institute, Block and Associates, or
16 NAI/Block, Experior Assessments, Professional Testing, Inc.,
17 or Assessment Systems, Inc., shall be considered to be
18 substantially similar to the examination required to be
19 licensed as a certified contractor. The board may not impose
20 or make any requirements regarding the nature or content of
21 these cited examinations.
22 (3) Has at least 5 years of experience as a contractor
23 in that contracting category, or as an inspector or building
24 administrator with oversight over that category, at the time
25 of application. For contractors, only time periods in which
26 the contractor license is active and the contractor is not on
27 probation shall count toward the 5 years required by this
28 subsection.
29 (4) Has not had his or her contractor's license
30 revoked at any time, had his or her contractor's license
31
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1 suspended within the last 5 years, or been assessed a fine in
2 excess of $500 within the last 5 years.
3 (5) Is in compliance with the insurance and financial
4 responsibility requirements in s. 489.115(5).
5
6 Applicants wishing to obtain a certificate pursuant to this
7 section must make application by November 1, 2004.
8 Section 37. Section 489.128, Florida Statutes, is
9 amended to read:
10 489.128 Contracts performed by unlicensed contractors
11 unenforceable.--As a matter of public policy, contracts
12 entered into on or after October 1, 1990, and performed in
13 full or in part by any contractor who fails to obtain or
14 maintain a license in accordance with this part shall be
15 unenforceable in law or in equity. However, in the event the
16 contractor obtains or reinstates his or her license, the
17 provisions of this section shall no longer apply.
18 Section 38. Subsections (12) and (15) of section
19 489.503, Florida Statutes, are amended to read:
20 489.503 Exemptions.--This part does not apply to:
21 (12) Any person as defined and licensed under chapter
22 527 while engaged in work regulated under that chapter.
23 (15) The provision, installation, testing, routine
24 maintenance, factory-servicing, or monitoring of a personal
25 emergency response system, as defined in s. 489.505, by an
26 authorized person who:
27 (a) Is an employee of, or a volunteer supervised by an
28 employee of, a health care facility licensed by the Agency for
29 Health Care Administration;
30 (b) Performs services for the Department of Elderly
31 Affairs;
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1 (c) Performs services for the Department of Children
2 and Family Services under chapter 410; or
3 (d) Is an employee of or an authorized representative
4 or distributor for the producer of the personal emergency
5 response system being monitored.
6 Section 39. Subsection (26) of section 489.505,
7 Florida Statutes, is amended to read:
8 489.505 Definitions.--As used in this part:
9 (26) "Personal emergency response system" means any
10 device which is simply plugged into a telephone jack or
11 electrical receptacle and which is designed to initiate a
12 telephone call to a person who responds to, or has a
13 responsibility to determine the proper response to, personal
14 emergencies, but does not include hard-wired or wireless alarm
15 systems designed to detect intrusion or fire.
16 Section 40. Section 489.507, Florida Statutes, is
17 amended to read:
18 489.507 Electrical Contractors' Licensing Board.--
19 (1) There is created in the department the Electrical
20 Contractors' Licensing Board. The board shall consist of 11
21 members, 7 of whom shall be certified electrical contractors,
22 2 of whom shall be consumer members who are not, and have
23 never been, electrical contractors or members of any closely
24 related profession or occupation, and 2 of whom shall be
25 certified alarm system contractors I. Members shall be
26 appointed for 4-year terms.
27 (2) To be eligible to serve, each contractor member
28 must have been certified by the board to operate as a
29 contractor in the category with respect to which the member is
30 appointed, be actively engaged in the construction business,
31 and have been so engaged for a period of not less than 5
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1 consecutive years before the date of appointment. Each
2 appointee must be a citizen and resident of the state.
3 (3) The board has authority to adopt rules pursuant to
4 ss. 120.536(1) and 120.54 to implement the provisions of this
5 part.
6 (4) It is the intent of the Legislature that the board
7 promulgate no rules and take no action to require that
8 applicants for certification as alarm system contractors serve
9 any type of apprenticeship before being allowed to sit for the
10 certification examination.
11 (5) Any proposed board rule which has not been
12 modified to remove proposed committee objections of the
13 Administrative Procedures Committee must receive approval from
14 the department prior to filing the rule with the Department of
15 State for final adoption. The department may repeal any rule
16 enacted by the board which has taken effect without having met
17 proposed committee objections of the Administrative Procedures
18 Committee.
19 (6)(5) The Electrical Contractors' Licensing Board and
20 the Construction Industry Licensing Board shall each appoint a
21 committee to meet jointly at least twice a year.
22 Section 41. Section 489.514, Florida Statutes, is
23 amended to read:
24 489.514 Certification for registered contractors;
25 grandfathering provisions.--
26 (1) The board shall, upon receipt of a completed
27 application, and appropriate fee, and proof of compliance with
28 the provisions of this section, issue: a certification in the
29 appropriate category to
30
31
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1 (a) To an applying registered electrical contractor a
2 certificate as an electrical contractor, as defined in s.
3 489.505(12); or
4 (b) To an applying registered alarm system contractor
5 a certificate in the matching alarm system contractor
6 category, as defined in s. 489.505(2)(a) or (b); or
7 (c) To an applying registered electrical speciality
8 contractor a certificate in the matching electrical speciality
9 contractor category, as defined in s. 489.505(19).
10 (2) Any any contractor registered under this part who
11 makes application under this section to the board shall and
12 can show that he or she meets meet each of the following
13 requirements for certification:
14 (a)(1) Currently holds a valid registered local
15 license in the category of electrical contractor, or alarm
16 system contractor, or electrical speciality contractor.
17 (b)(2)Has, for that category, passed a written,
18 proctored examination that the board finds to be substantially
19 similar to the examination required to be licensed as a
20 certified contractor under this part. For purposes of this
21 subsection, a written, proctored examination such as that
22 produced by the National Assessment Institute, Block and
23 Associates, or NAI/Block, Experior Assessments, Professional
24 Testing, Inc., or Assessment Systems, Inc., shall be
25 considered to be substantially similar to the examination
26 required to be licensed as a certified contractor. The board
27 may not impose or make any requirements regarding the nature
28 or content of these cited examinations.
29 (c)(3) Has at least 5 years of experience as a
30 contractor in that contracting category, or as a inspector or
31 building administrator with oversight over that category, at
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1 the time of application. For contractors, only time periods in
2 which the contractor license is active and the contractor is
3 not on probation shall count toward the 5 years required under
4 this subsection.
5 (d)(4) Has not had his or her contractor's license
6 revoked at anytime, had his or her contractor's license
7 suspended in the last 5 years, or been assessed a fine in
8 excess of $500 in the last 5 years.
9 (e)(5) Is in compliance with the insurance and
10 financial responsibility requirements in s. 489.515(1)(b).
11 (3) An applicant must make application by November 1,
12 2004, to be licensed pursuant to this section.
13 Section 42. Paragraph (e) is added to subsection (2)
14 of section 489.5185, Florida Statutes, to read:
15 489.5185 Fire alarm system agents.--
16 (2)
17 (e) Persons who perform only monitoring are not
18 required to complete the training required for fire alarm
19 system agents.
20 Section 43. Subsection (1) of section 489.522, Florida
21 Statutes, is amended to read:
22 489.522 Qualifying agents; responsibilities.--
23 (1)(a) A qualifying agent is a primary qualifying
24 agent unless he or she is a secondary qualifying agent under
25 this section. All primary qualifying agents for a business
26 organization are jointly and equally responsible for
27 supervision of all operations of the business organization;
28 for all field work at all sites; and for financial matters,
29 both for the organization in general and for each specific
30 job.
31
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1 (b) When a qualifying agent ceases to qualify a
2 business, the qualifying agent must transfer the license to
3 another business, qualify himself or herself as an individual,
4 or place the license in an inactive status within 60 days
5 after termination of the qualifying status with the business.
6 Section 44. Subsection (5) of section 489.531, Florida
7 Statutes, is renumbered as subsection (6) and amended, present
8 subsections (3), (4), (6), and (7) are renumbered as
9 subsections (4), (5), (7), and (8), respectively, and a new
10 subsection (3) is added to said section, to read:
11 489.531 Prohibitions; penalties.--
12 (1) A person may not:
13 (a) Practice contracting unless the person is
14 certified or registered;
15 (b) Use the name or title "electrical contractor" or
16 "alarm system contractor" or words to that effect, or
17 advertise himself or herself or a business organization as
18 available to practice electrical or alarm system contracting,
19 when the person is not then the holder of a valid
20 certification or registration issued pursuant to this part;
21 (c) Present as his or her own the certificate or
22 registration of another;
23 (d) Use or attempt to use a certificate or
24 registration that has been suspended, revoked, or placed on
25 inactive or delinquent status;
26 (e) Employ persons who are not certified or registered
27 to practice contracting;
28 (f) Knowingly give false or forged evidence to the
29 department, the board, or a member thereof;
30 (g) Operate a business organization engaged in
31 contracting after 60 days following the termination of its
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1 only qualifying agent without designating another primary
2 qualifying agent;
3 (h) Conceal information relative to violations of this
4 part;
5 (i) Commence or perform work for which a building
6 permit is required pursuant to part VII of chapter 533 without
7 the building permit being in effect; or
8 (j) Willfully or deliberately disregard or violate any
9 municipal or county ordinance relating to uncertified or
10 unregistered contractors.
11 (3)(a) Any unlicensed person who violates any of the
12 provisions of subsection (1) commits a misdemeanor of the
13 first degree, punishable as provided in s. 775.082 or s.
14 775.083.
15 (b) Any unlicensed person who commits a violation of
16 subsection (1) after having been previously found guilty of
17 such violation commits a felony of the third degree,
18 punishable as provided in s. 775.082 or s. 775.083.
19 (c) Any unlicensed person who commits a violation of
20 subsection (1) during the existence of a state of emergency
21 declared by executive order of the Governor commits a felony
22 of the third degree, punishable as provided in s. 775.082 or
23 s. 775.083.
24
25 The remedies set forth in this subsection are not exclusive
26 and may be imposed in addition to the remedies set forth in s.
27 489.533(2).
28 (6)(5)(a) The local governing body of a county or
29 municipality, or its local enforcement body, is authorized to
30 enforce the provisions of this part as well as its local
31 ordinances against locally licensed or registered contractors,
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1 as appropriate. The local jurisdiction enforcement body may
2 conduct disciplinary proceedings against a locally licensed or
3 registered contractor and may require restitution or impose a
4 suspension or revocation of the local license or a fine not to
5 exceed $5,000, or a combination thereof, against the locally
6 licensed or registered contractor, according to ordinances
7 which a local jurisdiction may enact. In addition, the local
8 jurisdiction may assess reasonable investigative and legal
9 costs for the prosecution of the violation against the
10 registered contractor violator, according to such ordinances
11 as the local jurisdiction may enact.
12 (b) In addition to any action the local jurisdiction
13 enforcement body may take against the individual's local
14 license, and any fine the local jurisdiction may impose, the
15 local jurisdiction enforcement body shall issue a recommended
16 penalty for board action. This recommended penalty may
17 include a recommendation for no further action or a
18 recommendation for suspension, revocation, or restriction of
19 the registration or imposition of a fine to be levied by the
20 board, or a combination thereof. The local jurisdiction
21 enforcement body shall inform the disciplined registered
22 contractor and the complainant of the local license penalty
23 imposed, the board penalty recommended, the rights to appeal,
24 and the consequences should the registered contractor decide
25 not to appeal. The local jurisdiction enforcement body shall,
26 upon having reached adjudication or having accepted a plea of
27 nolo contendere, immediately inform the board of its action
28 and the recommended board penalty.
29 (c) The department, the disciplined registered
30 contractor, or the complainant may challenge the local
31 jurisdiction enforcement body's recommended penalty for board
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1 action to the Electrical Contractors' Licensing Board. A
2 challenge shall be filed within 60 days after the issuance of
3 the recommended penalty to the board. If challenged, there is
4 a presumptive finding of probable cause and the case may
5 proceed without the need for a probable cause hearing.
6 (d) Failure of the department, the disciplined
7 registered contractor, or the complainant to challenge the
8 local jurisdiction's recommended penalty within the time
9 period set forth in this subsection shall constitute a waiver
10 of the right to a hearing before the board. A waiver of the
11 right to a hearing before the board shall be deemed an
12 admission of the violation, and the penalty recommended shall
13 become a final order according to procedures developed by
14 board rule without further board action. The disciplined
15 registered contractor may appeal this board action to the
16 district court.
17 (e) The department may investigate any complaint which
18 is made with the department. However, if the department
19 determines that the complaint against a registered contractor
20 is for an action which a local jurisdiction enforcement body
21 has investigated and reached adjudication or accepted a plea
22 of nolo contendere, including a recommended penalty to the
23 board, the department shall not initiate prosecution for that
24 action, unless the secretary has initiated summary procedures
25 pursuant to s. 455.225(8).
26 (f) Nothing in this subsection shall be construed to
27 allow local jurisdictions to exercise disciplinary authority
28 over certified contractors.
29 Section 45. Section 489.532, Florida Statutes, is
30 amended to read:
31
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1 489.532 Contracts performed by unlicensed contractors
2 unenforceable.--As a matter of public policy, contracts
3 entered into on or after October 1, 1990, and performed in
4 full or in part by any contractor who fails to obtain or
5 maintain his or her license in accordance with this part shall
6 be unenforceable in law, and the court in its discretion may
7 extend this provision to equitable remedies. However, in the
8 event the contractor obtains or reinstates the license the
9 provisions of this section shall no longer apply.
10 Section 46. Subsections (14) through (26) of section
11 633.021, Florida Statutes, are renumbered as subsections (15)
12 through (27), and a new subsection (14) is added to said
13 section, to read:
14 633.021 Definitions.--As used in this chapter:
15 (14) "Layout" as used in this chapter means the layout
16 of risers, cross mains, branch lines, sprinkler heads, sizing
17 of pipe, hanger locations, and hydraulic calculations in
18 accordance with the design concepts established through the
19 provisions of s. 553.79(6)(c).
20 Section 47. Except as otherwise provided, this act
21 shall take effect July 1, 2000.
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25
26
27
28
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