Senate Bill 1800c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
By the Committee on Regulated Industries and Senator Mitchell
315-2017A-00
1 A bill to be entitled
2 An act relating to construction; amending s.
3 399.061, F.S.; revising requirements for
4 elevator inspections and service maintenance
5 contracts; amending s. 468.603, F.S.; providing
6 for consistency in terminology; defining the
7 term "building code enforcement official";
8 amending s. 468.609, F.S.; revising intent with
9 respect to the examination required for
10 certification as a building code administrator,
11 plans examiner, or building code inspector;
12 increasing the validity period of a provisional
13 certificate; clarifying to whom a provisional
14 certificate may be issued; authorizing newly
15 employed or hired persons applying for
16 provisional certification to perform for a
17 specified period the duties of a plans examiner
18 or building code inspector under the direct
19 supervision of a building code administrator
20 holding limited or provisional certification in
21 counties with populations below a specified
22 level and the municipalities therein; deleting
23 obsolete standard certificate equivalency
24 provisions; amending ss. 112.3145, 125.56,
25 212.08, 252.924, 404.056, 468.604, 468.605,
26 468.607, 468.617, F.S.; providing for
27 consistency; creating s. 468.619, F.S.;
28 establishing special disciplinary procedures
29 for enforcement officials; amending 468.621,
30 468.627, 468.631, 468.633, 471.045, 481.222,
31 489.103, F.S.; providing for consistency in
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 terminology; amending s. 489.105, F.S.;
2 revising the scope of work of commercial and
3 residential pool/spa contractors and swimming
4 pool/spa servicing contractors; amending s.
5 489.107, F.S.; requiring the offices of the
6 Construction Industry Licensing Board to be in
7 Leon County; amending s. 489.128, F.S.;
8 eliminating an exemption from a provision
9 invalidating contracts with unlicensed
10 contractors; amending s. 489.503, F.S.;
11 revising exemptions from regulation under pt.
12 II, ch. 489, F.S., relating to electrical and
13 alarm system contracting; amending s. 489.514,
14 F.S.; revising grandfathering provisions for
15 certification of registered electrical and
16 alarm system contractors; amending s. 489.5185,
17 F.S.; providing that persons who perform only
18 monitoring are not required to complete the
19 training required for fire alarm system agents;
20 amending s. 489.522, F.S.; providing
21 requirements when a qualifying agent ceases to
22 qualify a business; amending s. 489.531, F.S.;
23 providing penalties for violations by
24 unlicensed persons of acts prohibited under pt.
25 II, ch. 489, F.S., relating to electrical and
26 alarm system contracting; amending s. 489.532,
27 F.S.; eliminating an exemption from a provision
28 invalidating contracts with unlicensed
29 contractors; repealing s. 489.537(8), F.S.,
30 relating to obsolete provisions for the
31 registration of alarm system contractors;
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 amending ss. 489.505, 489.515, F.S.; deleting
2 cross-references, to conform; providing an
3 effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Subsection (1) of section 399.061, Florida
8 Statutes, is amended to read:
9 399.061 Inspections; correction of deficiencies.--
10 (1)(a) All For those elevators subject to this chapter
11 must be inspected pursuant to s. 399.13 by a third-party
12 inspection service certified as a Qualified Elevator Inspector
13 or maintained pursuant to a service maintenance contract
14 continuously in force. A statement verifying the existence,
15 performance, and cancellation of each service maintenance
16 contract must be filed annually with the division as
17 prescribed by rule. All elevators for which a service
18 maintenance contract is not continuously in force, the
19 division shall inspect such elevators at least once between
20 July 1 of any year and June 30 of the next year, the state's
21 fiscal year.
22 (b) When a service maintenance contract is
23 continuously maintained with an elevator company, the division
24 shall verify with the elevator company before the end of each
25 fiscal year that the contract is in force and is being
26 implemented. An elevator covered by such a service
27 maintenance contract shall be inspected by a
28 certificate-of-competency holder state elevator inspector at
29 least once every 2 fiscal years; however, if the elevator is
30 not an escalator or a dumbwaiter and the elevator serves only
31 two adjacent floors and is covered by a service maintenance
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 contract, no inspection shall be required so long as the
2 service contract remains in effect.
3 (b)(c) The division may inspect an elevator whenever
4 necessary to ensure its safe operation.
5 Section 2. Subsections (2) and (6) of section 468.603,
6 Florida Statutes, are amended, and subsection (8) is added to
7 that section, to read:
8 468.603 Definitions.--As used in this part:
9 (2) "Building code inspector" or "inspector" means any
10 of those employees of local governments or state agencies with
11 building construction regulation responsibilities who
12 themselves conduct inspections of building construction,
13 erection, repair, addition, or alteration projects that
14 require permitting indicating compliance with building,
15 plumbing, mechanical, electrical, gas, fire prevention,
16 energy, accessibility, and other construction codes as
17 required by state law or municipal or county ordinance.
18 (6) "Categories of building code inspectors" include
19 the following:
20 (a) "Building inspector" means a person who is
21 qualified to inspect and determine that buildings and
22 structures are constructed in accordance with the provisions
23 of the governing building codes and state accessibility laws.
24 (b) "Coastal construction inspector" means a person
25 who is qualified to inspect and determine that buildings and
26 structures are constructed to resist near-hurricane and
27 hurricane velocity winds in accordance with the provisions of
28 the governing building code.
29 (c) "Commercial electrical inspector" means a person
30 who is qualified to inspect and determine the electrical
31 safety of commercial buildings and structures by inspecting
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 for compliance with the provisions of the National Electrical
2 Code.
3 (d) "Residential electrical inspector" means a person
4 who is qualified to inspect and determine the electrical
5 safety of one and two family dwellings and accessory
6 structures by inspecting for compliance with the applicable
7 provisions of the governing electrical code.
8 (e) "Mechanical inspector" means a person who is
9 qualified to inspect and determine that the mechanical
10 installations and systems for buildings and structures are in
11 compliance with the provisions of the governing mechanical
12 code.
13 (f) "Plumbing inspector" means a person who is
14 qualified to inspect and determine that the plumbing
15 installations and systems for buildings and structures are in
16 compliance with the provisions of the governing plumbing code.
17 (g) "One and two family dwelling inspector" means a
18 person who is qualified to inspect and determine that one and
19 two family dwellings and accessory structures are constructed
20 in accordance with the provisions of the governing building,
21 plumbing, mechanical, accessibility, and electrical codes.
22 (h) "Electrical inspector" means a person who is
23 qualified to inspect and determine the electrical safety of
24 commercial and residential buildings and accessory structures
25 by inspecting for compliance with the provisions of the
26 National Electrical Code.
27 (8) "Building code enforcement official" or
28 "enforcement official" means a licensed building code
29 administrator, building code inspector, or plans examiner.
30 Section 3. Section 468.604, Florida Statutes, is
31 amended to read:
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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 4. 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.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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 5. 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 6. 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
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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,
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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 or the International Code Council, the
17 Building Officials Association of Florida, the South Florida
18 Building Code (Dade and Broward), and the Council of American
19 Building Officials.
20 (b) A standard certificate shall be issued to each
21 applicant who successfully completes the examination, which
22 certificate authorizes the individual named thereon to
23 practice throughout the state as a building code
24 administrator, plans examiner, or building code inspector
25 within such class and level as is specified by the board.
26 (c) The board may accept proof that the applicant has
27 passed an examination which is substantially equivalent to the
28 board-approved examination set forth in this section.
29 (6)(a) A building code administrator, plans examiner,
30 or building code inspector holding office on July 1, 1993,
31 shall not be required to possess a standard certificate as a
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 condition of tenure or continued employment, but shall be
2 required to obtain a limited certificate as described in this
3 subsection.
4 (b) By October 1, 1993, individuals who were employed
5 on July 1, 1993, as building code administrators, plans
6 examiners, or building code inspectors, who are not eligible
7 for a standard certificate, but who wish to continue in such
8 employment, shall submit to the board the appropriate
9 application and certification fees and shall receive a limited
10 certificate qualifying them to engage in building code
11 administration, plans examination, or building code inspection
12 in the class, at the performance level, and within the
13 governmental jurisdiction in which such person is employed.
14 (c) The limited certificate shall be valid only as an
15 authorization for the building code administrator, plans
16 examiner, or building code inspector to continue in the
17 position held, and to continue performing all functions
18 assigned to that position, on July 1, 1993.
19 (d) A building code administrator, plans examiner, or
20 building code inspector holding a limited certificate can be
21 promoted to a position requiring a higher level certificate
22 only upon issuance of a standard certificate or provisional
23 certificate appropriate for such new position.
24 (7)(a) The board may provide for the issuance of
25 provisional certificates valid for such period, not less than
26 3 years 1 year nor more than 5 3 years, as specified by board
27 rule, to any newly employed or promoted building code
28 inspector or plans examiner who meets the eligibility
29 requirements described in subsection (2) and any newly
30 employed or promoted building code administrator who meets the
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 eligibility requirements described in subsection (3) building
2 code administrator, plans examiner, or inspector.
3 (b) No building code administrator, plans examiner, or
4 building code inspector may have a provisional certificate
5 extended beyond the specified period by renewal or otherwise.
6 (c) The board may provide for appropriate levels of
7 provisional certificates and may issue these certificates with
8 such special conditions or requirements relating to the place
9 of employment of the person holding the certificate, the
10 supervision of such person on a consulting or advisory basis,
11 or other matters as the board may deem necessary to protect
12 the public safety and health.
13 (d) A newly employed or hired person may perform the
14 duties of a plans examiner or building code inspector for 90
15 days if a provisional certificate application has been
16 submitted, provided such person is under the direct
17 supervision of a certified building code administrator who
18 holds a standard certification and who has found such person
19 qualified for a provisional certificate. However, direct
20 supervision and the determination of qualifications under this
21 paragraph may be provided by a building code administrator who
22 holds a limited or provisional certificate in any county with
23 a population of less than 75,000 and in any municipality
24 located within such a county.
25 (8)(a) Any individual who holds a valid certificate
26 under the provisions of s. 553.795, or who has successfully
27 completed all requirements for certification pursuant to such
28 section, shall be deemed to have satisfied the requirements
29 for receiving a standard certificate prescribed by this part.
30 (b) Any individual who holds a valid certificate
31 issued by the Southern Building Code Congress International,
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 the Building Officials Association of Florida, the South
2 Florida Building Code (Dade and Broward), or the Council of
3 American Building Officials certification programs, or who has
4 been approved for certification under one of those programs
5 not later than October 1, 1995, shall be deemed to have
6 satisfied the requirements for receiving a standard
7 certificate in the corresponding category prescribed by this
8 part. Employees of counties with a population of less than
9 50,000, or employees of municipalities with a population of
10 less than 3,500, shall be deemed to have satisfied the
11 requirements for standard certification where such employee is
12 approved for certification under one of the programs set forth
13 in this paragraph not later than October 1, 1998.
14 (8)(9) Any individual applying to the board may be
15 issued a certificate valid for multiple building code
16 inspection classes, as deemed appropriate by the board.
17 (9)(10) Certification and training classes may be
18 developed in coordination with degree career education
19 centers, community colleges, the State University System, or
20 other entities offering certification and training classes.
21 (10)(11) The board may by rule create categories of
22 certification in addition to those defined in s. 468.603(6)
23 and (7). Such certification categories shall not be mandatory
24 and shall not act to diminish the scope of any certificate
25 created by statute.
26 Section 7. Section 468.617, Florida Statutes, is
27 amended to read:
28 468.617 Joint building code inspection department;
29 other arrangements.--
30 (1) Nothing in this part shall prohibit any local
31 jurisdiction from entering into and carrying out contracts
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 with any other local jurisdiction under which the parties
2 agree to create and support a joint building code inspection
3 department for conforming to the provisions of this part. In
4 lieu of a joint building code inspection department, any local
5 jurisdiction may designate a building code an inspector from
6 another local jurisdiction to serve as a building code an
7 inspector for the purposes of this part.
8 (2) Nothing in this part shall prohibit local
9 governments from contracting with persons certified pursuant
10 to this part to perform building code inspections or plan
11 reviews. An individual or entity may not inspect or examine
12 plans on projects in which the individual or entity designed
13 or permitted the projects.
14 (3) Nothing in this part shall prohibit any county or
15 municipal government from entering into any contract with any
16 person or entity for the provision of building code inspection
17 services regulated under this part, and notwithstanding any
18 other statutory provision, such county or municipal
19 governments may enter into contracts.
20 Section 8. Section 468.619, Florida Statutes, is
21 created to read:
22 468.619 Enforcement officials bill of rights.--
23 (1) It is the finding of this legislature that
24 building administrators and officials, inspectors, and plans
25 examiners are employed by local jurisdictions to exercise
26 police powers of the state in the course of their duties, and
27 are in that way similar to law enforcement personnel,
28 corrections officers, and firemen. It is the further finding
29 of this legislature that building officials, inspectors, and
30 plans examiners are thereby sufficiently distinguished from
31 other professionals regulated under the department that their
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 circumstances merit additional specific protections in the
2 course of disciplinary investigation and proceedings against
3 their licenses.
4 (2) All enforcement officials licensed pursuant to
5 this part have the rights and privileges specified in this
6 section. The rights are not exclusive to other rights, and an
7 enforcement official does not forfeit any rights otherwise
8 held under federal, state, or local laws. In any instance of
9 conflict between this section and chapter 455, this section
10 supersedes chapter 455.
11 (3) Whenever an enforcement official is subjected to
12 an investigative interview for possible disciplinary action by
13 the department, the interview must be conducted pursuant to
14 the terms of this subsection.
15 (a) Any interview must take place at a reasonable
16 hour. If the interview is taken in person, it must 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 reasonably apprise the
22 enforcement official of the nature of the investigation,
23 including the substance of the allegations made. The
24 enforcement official must be informed before the interview of
25 the origin of the complaint.
26 (c) At the request of the enforcement official under
27 investigation, he or she has 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
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (d) During the interview, the enforcement official may
2 not be subjected to offensive language. A promise or reward
3 may not be made as an inducement to answer any questions.
4 (e) If requested by the enforcement official, the
5 interview of an enforcement official, including notation of
6 all recess periods, shall be recorded on audio tape, or
7 otherwise preserved in such a manner as to allow a transcript
8 to be prepared, and there shall be no unrecorded questions or
9 statements. Upon the request of the enforcement official, a
10 copy of any recording of the session must be made available to
11 the enforcement official no later than 72 hours following the
12 interview, excluding holidays and weekends. The expense of the
13 recording and transcript shall be borne by the enforcement
14 official.
15 (f) If the testimony is transcribed, the transcript
16 shall be furnished to the enforcement official for
17 examination, and shall be read to or by the enforcement
18 official, unless waived by the parties. Any changes in form or
19 substance that the enforcement official wants to make shall be
20 listed in writing, with a statement of the reasons for making
21 the changes. The changes must be attached to the transcript.
22 Any transcript of an interview with an enforcement official
23 which is to be used in any proceeding against the enforcement
24 official shall be sworn or affirmed to and acknowledged by the
25 enforcement official.
26 (4) Failure to comply with this subsection shall mean
27 that no action may be taken against the enforcement official
28 pursuant to the complaint. An investigation by the department
29 may not be reopened against an enforcement official on the
30 basis of a complaint dismissed for the reasons outlined in
31 this subsection. However, in any instance of an additional
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 complaint being initiated, information or investigation
2 related to the dismissed complaint may be used.
3 (a) The investigating party must inform the
4 enforcement official of any legally sufficient complaints
5 received, including the substance of the allegation, within 10
6 days of the receipt of the complaint by the agency.
7 (b) The enforcement official shall be given 30 days to
8 respond to any legally sufficient complaint.
9 (c) No more than 180 days from the date of the receipt
10 of the complaint, the department shall submit the
11 investigation whether complete or not to the probable cause
12 panel for review. If the investigation is not complete, the
13 probable cause panel shall review and instruct the department
14 to complete the investigation within a time certain and, in no
15 event, greater than 90 days or dismiss the complaint with
16 prejudice.
17 (5) The enforcement official shall be considered an
18 agent of the government entity employing him or her, and as
19 such will be defended by that jurisdiction in any action
20 brought by the department or the board, if the employee is
21 working within the scope of his or her employment.
22 (6) An enforcement official is not at risk for
23 disciplinary action in regards to his or her certification for
24 exercising his or her rights under this section.
25 (7) Any action taken against the enforcement official
26 by the department or the board found to be without merit by a
27 court of competent jurisdiction, or when judgement is awarded
28 to the enforcement official, the department or board or their
29 assignees shall reimburse the enforcement official or his or
30 her employer, as appropriate, for reasonable legal costs
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 incurred. The amounts awarded may not exceed the limits
2 provided in s. 120.595.
3 (8) Every enforcement official has the right to bring
4 civil suit against any person, group of persons, or
5 organization or corporation, or the head of such organization
6 or corporation, for damages, either pecuniary or otherwise
7 suffered pursuant to the performance of the enforcement
8 official's duties or for abridgement of the enforcement
9 official's civil rights arising out of the enforcement
10 official's performance of official duties.
11 (9) Notwithstanding any other provision of law, while
12 under investigation the enforcement official may not be denied
13 any rights and privileges of a licensee in good standing.
14 Section 9. Subsection (3) of section 468.621, Florida
15 Statutes, is amended to read:
16 468.621 Disciplinary proceedings.--
17 (3) Where a certificate is suspended, placed on
18 probation, or has conditions imposed, the board shall
19 reinstate the certificate of a disciplined building code
20 administrator, plans examiner, or building code inspector upon
21 proof the disciplined individual has complied with all terms
22 and conditions set forth in the final order.
23 Section 10. Subsections (2), (3), and (4) of section
24 468.627, Florida Statutes, are amended to read:
25 468.627 Application; examination; renewal; fees.--
26 (2) The initial application fee may not exceed $25 for
27 building code administrators, plans examiners, or building
28 code inspectors.
29 (3) The initial examination fee may not exceed $150
30 for building code administrators, plans examiners, or building
31 code inspectors.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (4) Employees of local government agencies having
2 responsibility for building code inspection, building
3 construction regulation, and enforcement of building,
4 plumbing, mechanical, electrical, gas, fire prevention,
5 energy, accessibility, and other construction codes shall pay
6 no application fees or examination fees.
7 Section 11. Section 468.631, Florida Statutes, is
8 amended to read:
9 468.631 Building Code Administrators and Inspectors
10 Fund.--The provisions of this part shall be funded through a
11 surcharge, to be assessed pursuant to s. 125.56(4) or s.
12 166.201 at the rate of one-half cent per square foot of
13 under-roof floor space permitted, including new construction,
14 renovations, alterations, and additions. The unit of
15 government responsible for collecting permit fees pursuant to
16 s. 125.56(4) or s. 166.201 shall collect such surcharge and
17 shall remit the funds to the department on a quarterly
18 calendar basis beginning not later than December 31, 1993, for
19 the preceding quarter, and continuing each third month
20 thereafter; and such unit of government may retain an amount
21 up to 10 percent of the surcharge collected to fund projects
22 and activities intended to improve the quality of building
23 code enforcement. There is created within the Professional
24 Regulation Trust Fund a separate account to be known as the
25 Building Code Administrators and Inspectors Fund, which shall
26 deposit and disburse funds as necessary for the implementation
27 of this part. The department shall annually establish the
28 amount needed to fund the certification and regulation of
29 building code administrators, plans examiners, and building
30 code inspectors. Any funds collected in excess of the amount
31 needed to adequately fund the certification and regulation of
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 building code administrators, plans examiners, and building
2 code inspectors shall be deposited into the Construction
3 Industries Recovery Fund established by s. 489.140. If the
4 Construction Industries Recovery Fund is fully funded as
5 provided by s. 489.140, any remaining funds shall be
6 distributed to the Construction Industry Licensing Board for
7 use in the regulation of certified and registered contractors.
8 Section 12. Subsection (1) of section 468.633, Florida
9 Statutes, is amended to read:
10 468.633 Authority of local government.--
11 (1) Nothing in this part may be construed to restrict
12 the authority of local governments to require as a condition
13 of employment that building code administrators, plans
14 examiners, and building code inspectors possess qualifications
15 beyond the requirements for certification contained in this
16 part.
17 Section 13. Paragraph (a) of subsection (1) of section
18 112.3145, Florida Statutes, is amended to read:
19 112.3145 Disclosure of financial interests and clients
20 represented before agencies.--
21 (1) For purposes of this section, unless the context
22 otherwise requires, the term:
23 (a) "Local officer" means:
24 1. Every person who is elected to office in any
25 political subdivision of the state, and every person who is
26 appointed to fill a vacancy for an unexpired term in such an
27 elective office.
28 2. Any appointed member of a board; commission;
29 authority, including any expressway authority or
30 transportation authority established by general law; community
31 college district board of trustees; or council of any
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 political subdivision of the state, excluding any member of an
2 advisory body. A governmental body with land-planning, zoning,
3 or natural resources responsibilities shall not be considered
4 an advisory body.
5 3. Any person holding one or more of the following
6 positions: mayor; county or city manager; chief administrative
7 employee of a county, municipality, or other political
8 subdivision; county or municipal attorney; chief county or
9 municipal building code inspector; county or municipal water
10 resources coordinator; county or municipal pollution control
11 director; county or municipal environmental control director;
12 county or municipal administrator, with power to grant or deny
13 a land development permit; chief of police; fire chief;
14 municipal clerk; district school superintendent; community
15 college president; district medical examiner; or purchasing
16 agent having the authority to make any purchase exceeding the
17 threshold amount provided for in s. 287.017 for CATEGORY ONE,
18 on behalf of any political subdivision of the state or any
19 entity thereof.
20 Section 14. Subsection (3) of section 125.56, Florida
21 Statutes, is amended to read:
22 125.56 Adoption or amendment of building code;
23 inspection fees; inspectors; etc.--
24 (3) The board of county commissioners of each of the
25 several counties may employ a building code inspector and such
26 other personnel as it deems necessary to carry out the
27 provisions of this act and may pay reasonable salaries for
28 such services.
29 Section 15. Paragraph (g) of subsection (5) of section
30 212.08, Florida Statutes, is amended to read:
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 212.08 Sales, rental, use, consumption, distribution,
2 and storage tax; specified exemptions.--The sale at retail,
3 the rental, the use, the consumption, the distribution, and
4 the storage to be used or consumed in this state of the
5 following are hereby specifically exempt from the tax imposed
6 by this chapter.
7 (5) EXEMPTIONS; ACCOUNT OF USE.--
8 (g) Building materials used in the rehabilitation of
9 real property located in an enterprise zone.--
10 1. Beginning July 1, 1995, building materials used in
11 the rehabilitation of real property located in an enterprise
12 zone shall be exempt from the tax imposed by this chapter upon
13 an affirmative showing to the satisfaction of the department
14 that the items have been used for the rehabilitation of real
15 property located in an enterprise zone. Except as provided in
16 subparagraph 2., this exemption inures to the owner, lessee,
17 or lessor of the rehabilitated real property located in an
18 enterprise zone only through a refund of previously paid
19 taxes. To receive a refund pursuant to this paragraph, the
20 owner, lessee, or lessor of the rehabilitated real property
21 located in an enterprise zone must file an application under
22 oath with the governing body or enterprise zone development
23 agency having jurisdiction over the enterprise zone where the
24 business is located, as applicable, which includes:
25 a. The name and address of the person claiming the
26 refund.
27 b. An address and assessment roll parcel number of the
28 rehabilitated real property in an enterprise zone for which a
29 refund of previously paid taxes is being sought.
30 c. A description of the improvements made to
31 accomplish the rehabilitation of the real property.
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 d. A copy of the building permit issued for the
2 rehabilitation of the real property.
3 e. A sworn statement, under the penalty of perjury,
4 from the general contractor licensed in this state with whom
5 the applicant contracted to make the improvements necessary to
6 accomplish the rehabilitation of the real property, which
7 statement lists the building materials used in the
8 rehabilitation of the real property, the actual cost of the
9 building materials, and the amount of sales tax paid in this
10 state on the building materials. In the event that a general
11 contractor has not been used, the applicant shall provide this
12 information in a sworn statement, under the penalty of
13 perjury. Copies of the invoices which evidence the purchase of
14 the building materials used in such rehabilitation and the
15 payment of sales tax on the building materials shall be
16 attached to the sworn statement provided by the general
17 contractor or by the applicant. Unless the actual cost of
18 building materials used in the rehabilitation of real property
19 and the payment of sales taxes due thereon is documented by a
20 general contractor or by the applicant in this manner, the
21 cost of such building materials shall be an amount equal to 40
22 percent of the increase in assessed value for ad valorem tax
23 purposes.
24 f. The identifying number assigned pursuant to s.
25 290.0065 to the enterprise zone in which the rehabilitated
26 real property is located.
27 g. A certification by the local building code
28 inspector that the improvements necessary to accomplish the
29 rehabilitation of the real property are substantially
30 completed.
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 h. Whether the business is a small business as defined
2 by s. 288.703(1).
3 i. If applicable, the name and address of each
4 permanent employee of the business, including, for each
5 employee who is a resident of an enterprise zone, the
6 identifying number assigned pursuant to s. 290.0065 to the
7 enterprise zone in which the employee resides.
8 2. This exemption inures to a city, county, or other
9 governmental agency through a refund of previously paid taxes
10 if the building materials used in the rehabilitation of real
11 property located in an enterprise zone are paid for from the
12 funds of a community development block grant or similar grant
13 or loan program. To receive a refund pursuant to this
14 paragraph, a city, county, or other governmental agency must
15 file an application which includes the same information
16 required to be provided in subparagraph 1. by an owner,
17 lessee, or lessor of rehabilitated real property. In addition,
18 the application must include a sworn statement signed by the
19 chief executive officer of the city, county, or other
20 governmental agency seeking a refund which states that the
21 building materials for which a refund is sought were paid for
22 from the funds of a community development block grant or
23 similar grant or loan program.
24 3. Within 10 working days after receipt of an
25 application, the governing body or enterprise zone development
26 agency shall review the application to determine if it
27 contains all the information required pursuant to subparagraph
28 1. or subparagraph 2. and meets the criteria set out in this
29 paragraph. The governing body or agency shall certify all
30 applications that contain the information required pursuant to
31 subparagraph 1. or subparagraph 2. and meet the criteria set
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 out in this paragraph as eligible to receive a refund. If
2 applicable, the governing body or agency shall also certify if
3 20 percent of the employees of the business are residents of
4 an enterprise zone, excluding temporary and part-time
5 employees. The certification shall be in writing, and a copy
6 of the certification shall be transmitted to the executive
7 director of the Department of Revenue. The applicant shall be
8 responsible for forwarding a certified application to the
9 department within the time specified in subparagraph 4.
10 4. An application for a refund pursuant to this
11 paragraph must be submitted to the department within 6 months
12 after the rehabilitation of the property is deemed to be
13 substantially completed by the local building code inspector.
14 5. The provisions of s. 212.095 do not apply to any
15 refund application made pursuant to this paragraph. No more
16 than one exemption through a refund of previously paid taxes
17 for the rehabilitation of real property shall be permitted for
18 any one parcel of real property. No refund shall be granted
19 pursuant to this paragraph unless the amount to be refunded
20 exceeds $500. No refund granted pursuant to this paragraph
21 shall exceed the lesser of 97 percent of the Florida sales or
22 use tax paid on the cost of the building materials used in the
23 rehabilitation of the real property as determined pursuant to
24 sub-subparagraph 1.e. or $5,000, or, if no less than 20
25 percent of the employees of the business are residents of an
26 enterprise zone, excluding temporary and part-time employees,
27 the amount of refund granted pursuant to this paragraph shall
28 not exceed the lesser of 97 percent of the sales tax paid on
29 the cost of such building materials or $10,000. A refund
30 approved pursuant to this paragraph shall be made within 30
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 days of formal approval by the department of the application
2 for the refund.
3 6. The department shall adopt rules governing the
4 manner and form of refund applications and may establish
5 guidelines as to the requisites for an affirmative showing of
6 qualification for exemption under this paragraph.
7 7. The department shall deduct an amount equal to 10
8 percent of each refund granted under the provisions of this
9 paragraph from the amount transferred into the Local
10 Government Half-cent Sales Tax Clearing Trust Fund pursuant to
11 s. 212.20 for the county area in which the rehabilitated real
12 property is located and shall transfer that amount to the
13 General Revenue Fund.
14 8. For the purposes of the exemption provided in this
15 paragraph:
16 a. "Building materials" means tangible personal
17 property which becomes a component part of improvements to
18 real property.
19 b. "Real property" has the same meaning as provided in
20 s. 192.001(12).
21 c. "Rehabilitation of real property" means the
22 reconstruction, renovation, restoration, rehabilitation,
23 construction, or expansion of improvements to real property.
24 d. "Substantially completed" has the same meaning as
25 provided in s. 192.042(1).
26 9. The provisions of this paragraph shall expire and
27 be void on December 31, 2005.
28 Section 16. Paragraph (a) of subsection (2) of section
29 252.924, Florida Statutes, is amended to read:
30 252.924 Party state responsibilities.--
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (2) The authorized representative of a party state may
2 request assistance of another party state by contacting the
3 authorizing representative of that state. The provisions of
4 this agreement shall only apply to requests for assistance
5 made by and to authorized representatives. Requests may be
6 verbal or in writing. If verbal, the request shall be
7 confirmed in writing within 90 days of the verbal request.
8 Requests shall provide the following information:
9 (a) A description of the emergency service function
10 for which assistance is needed, such as, but not limited to,
11 fire services, law enforcement, emergency medical,
12 transportation, communications, public works and engineering,
13 building code inspection, planning and information assistance,
14 mass care, resource support, health and medical services, and
15 search and rescue.
16 Section 17. Paragraph (j) of subsection (3) of section
17 404.056, Florida Statutes, is amended to read:
18 404.056 Environmental radiation standards and
19 programs; radon protection.--
20 (3) CERTIFICATION.--
21 (j) The department may set criteria and requirements
22 for the application, certification, and annual renewal of
23 certification for radon measurement and mitigation businesses,
24 which may include:
25 1. Requirements for measurement devices and
26 measurement procedures, including the disclosure of mitigation
27 materials, systems, and other mitigation services offered.
28 2. The identification of certified specialists and
29 technicians employed by the business and requirements for
30 specialist staffing and duties.
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 3. The analysis of measurement devices by proficient
2 analytical service providers.
3 4. Requirements for a quality assurance and quality
4 control program.
5 5. The disclosure of client measurement reporting
6 forms and warranties and operating instructions for mitigation
7 systems.
8 6. Requirements for radon services publications and
9 the identification of the radon business certification number
10 in advertisements.
11 7. Requirements for a worker health and safety
12 program.
13 8. Requirements for maintaining radon records.
14 9. The operation of branch office locations.
15 10. Requirements for supervising subcontractors who
16 install mitigation systems.
17 11. Requirements for building code inspections and
18 evaluation and standards for the design and installation of
19 mitigation systems.
20 12. Prescribing conditions of mitigation measurements.
21 Section 18. Section 471.045, Florida Statutes, is
22 amended to read:
23 471.045 Professional engineers performing building
24 code inspector duties.--Notwithstanding any other provision of
25 law, a person who is currently licensed under this chapter to
26 practice as a professional engineer may provide building code
27 inspection services described in s. 468.603(6) and (7) to a
28 local government or state agency upon its request, without
29 being certified by the Florida Building Code Administrators
30 and Inspectors Board under part XII of chapter 468. When
31 performing these building code inspection services, the
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 professional engineer is subject to the disciplinary
2 guidelines of this chapter and s. 468.621(1)(c)-(h). Any
3 complaint processing, investigation, and discipline that arise
4 out of a professional engineer's performing building code
5 inspection services shall be conducted by the Board of
6 Professional Engineers rather than the Florida Building Code
7 Administrators and Inspectors Board. A professional engineer
8 may not perform plans review as an employee of a local
9 government upon any job that the professional engineer or the
10 professional engineer's company designed.
11 Section 19. Section 481.222, Florida Statutes, is
12 amended to read:
13 481.222 Architects performing building code inspector
14 duties.--Notwithstanding any other provision of law, a person
15 who is currently licensed to practice as an architect under
16 this part may provide building code inspection services
17 described in s. 468.603(6) and (7) to a local government or
18 state agency upon its request, without being certified by the
19 Florida Building Code Administrators and Inspectors Board
20 under part XII of chapter 468. With respect to the performance
21 of such building code inspection services, the architect is
22 subject to the disciplinary guidelines of this part and s.
23 468.621(1)(c)-(h). Any complaint processing, investigation,
24 and discipline that arise out of an architect's performance of
25 building code inspection services shall be conducted by the
26 Board of Architecture and Interior Design rather than the
27 Florida Building Code Administrators and Inspectors Board. An
28 architect may not perform plans review as an employee of a
29 local government upon any job that the architect or the
30 architect's company designed.
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 Section 20. Paragraph (b) of subsection (18) of
2 section 489.103, Florida Statutes, is amended to read:
3 489.103 Exemptions.--This part does not apply to:
4 (18) Any one-family, two-family, or three-family
5 residence constructed by Habitat for Humanity International,
6 Inc., or its local affiliates. Habitat for Humanity
7 International, Inc., or its local affiliates, must:
8 (b) Obtain all required building code inspections.
9 Section 21. Paragraphs (j), (k), and (l) of subsection
10 (3) of section 489.105, Florida Statutes, are amended to read:
11 489.105 Definitions.--As used in this part:
12 (3) "Contractor" means the person who is qualified
13 for, and shall only be responsible for, the project contracted
14 for and means, except as exempted in this part, the person
15 who, for compensation, undertakes to, submits a bid to, or
16 does himself or herself or by others construct, repair, alter,
17 remodel, add to, demolish, subtract from, or improve any
18 building or structure, including related improvements to real
19 estate, for others or for resale to others; and whose job
20 scope is substantially similar to the job scope described in
21 one of the subsequent paragraphs of this subsection. For the
22 purposes of regulation under this part, "demolish" applies
23 only to demolition of steel tanks over 50 feet in height;
24 towers over 50 feet in height; other structures over 50 feet
25 in height, other than buildings or residences over three
26 stories tall; and buildings or residences over three stories
27 tall. Contractors are subdivided into two divisions, Division
28 I, consisting of those contractors defined in paragraphs
29 (a)-(c), and Division II, consisting of those contractors
30 defined in paragraphs (d)-(q):
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (j) "Commercial pool/spa contractor" means a
2 contractor whose scope of work involves, but is not limited
3 to, the construction, repair, and servicing of any swimming
4 pool, or hot tub or spa, whether public, private, or
5 otherwise, regardless of use. The scope of work includes,
6 including the installation, repair, or replacement of existing
7 equipment, any cleaning or equipment sanitizing which requires
8 at least a partial disassembling, excluding filter changes,
9 and or the installation of new pool/spa equipment, interior
10 finishes, the installation of package pool heaters, the
11 installation of all perimeter piping and filter piping, and
12 the construction of equipment rooms or housing for pool/spa
13 equipment, as necessary. The scope of such work includes
14 layout, excavation, operation of construction pumps for
15 dewatering purposes, steelwork, installation of light niches,
16 construction of floors, guniting, fiberglassing, installation
17 of tile and coping, installation of all perimeter and filter
18 piping, installation of all filter equipment and chemical
19 feeders of any type, plastering of the interior, construction
20 of decks, construction of equipment rooms or housing for pool
21 equipment, and installation of package pool heaters and also
22 includes the scope of work of a swimming pool/spa servicing
23 contractor. However, The scope of such work does not include
24 direct connections to a sanitary sewer system or to potable
25 water lines. The installation, construction, modification, or
26 replacement of equipment permanently attached to and
27 associated with the pool or spa for the purpose of water
28 treatment or cleaning of the pool or spa requires licensure;
29 however, the usage of such equipment for the purposes of water
30 treatment or cleaning shall not require licensure unless the
31 usage involves construction, modification, or replacement of
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 such equipment. Water treatment that does not require such
2 equipment does not require a license. In addition, a license
3 shall not be required for the cleaning of the pool or spa in
4 any way that does not affect the structural integrity of the
5 pool or spa or its associated equipment.
6 (k) "Residential pool/spa contractor" means a
7 contractor whose scope of work involves, but is not limited
8 to, the construction, repair, and servicing of any residential
9 swimming pool, or hot tub or spa, regardless of use. The scope
10 of work includes, including the installation, repair, or
11 replacement of existing equipment, any cleaning or equipment
12 sanitizing which requires at least a partial disassembling,
13 excluding filter changes, and or the installation of new
14 pool/spa equipment, interior finishes, the installation of
15 package pool heaters, the installation of all perimeter piping
16 and filter piping, and the construction of equipment rooms or
17 housing for pool/spa equipment, as necessary. The scope of
18 such work includes layout, excavation, operation of
19 construction pumps for dewatering purposes, steelwork,
20 installation of light niches, construction of floors,
21 guniting, fiberglassing, installation of tile and coping,
22 installation of all perimeter and filter piping, installation
23 of all filter equipment and chemical feeders of any type,
24 plastering of the interior, construction of decks,
25 installation of housing for pool equipment, and installation
26 of package pool heaters and also includes the scope of work of
27 a swimming pool/spa servicing contractor. However, The scope
28 of such work does not include direct connections to a sanitary
29 sewer system or to potable water lines. The installation,
30 construction, modification, or replacement of equipment
31 permanently attached to and associated with the pool or spa
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 for the purpose of water treatment or cleaning of the pool or
2 spa requires licensure; however, the usage of such equipment
3 for the purposes of water treatment or cleaning shall not
4 require licensure unless the usage involves construction,
5 modification, or replacement of such equipment. Water
6 treatment that does not require such equipment does not
7 require a license. In addition, a license shall not be
8 required for the cleaning of the pool or spa in any way that
9 does not affect the structural integrity of the pool or spa or
10 its associated equipment.
11 (l) "Swimming pool/spa servicing contractor" means a
12 contractor whose scope of work involves, but is not limited
13 to, the repair and the servicing and repair of any swimming
14 pool, or hot tub or spa, whether public or private, or
15 otherwise, regardless of use. The scope of such work includes
16 the repair or may include any necessary piping and repairs,
17 replacement and repair of existing equipment, any cleaning or
18 equipment sanitizing which requires at least a partial
19 disassembling, excluding filter changes, and the or
20 installation of new pool/spa additional equipment, interior
21 refinishing, the reinstallation or addition of pool heaters,
22 the as necessary. The scope of such work includes the
23 reinstallation of tile and coping, repair or and replacement
24 of all perimeter piping and filter piping, the repair of
25 equipment rooms or housing for pool/spa equipment, and the
26 substantial or complete draining of a swimming pool, or hot
27 tub or spa, for the purpose of any repair or renovation. The
28 scope of such work does not include direct connections to a
29 sanitary sewer system or to potable water lines filter
30 equipment, and chemical feeders of any type, replastering,
31 reconstruction of decks, and reinstallation or addition of
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 pool heaters. The installation, construction, modification,
2 substantial or complete disassembly, or replacement of
3 equipment permanently attached to and associated with the pool
4 or spa for the purpose of water treatment or cleaning of the
5 pool or spa requires licensure; however, the usage of such
6 equipment for the purposes of water treatment or cleaning
7 shall not require licensure unless the usage involves
8 construction, modification, substantial or complete
9 disassembly, or replacement of such equipment. Water treatment
10 that does not require such equipment does not require a
11 license. In addition, a license shall not be required for the
12 cleaning of the pool or spa in any way that does not affect
13 the structural integrity of the pool or spa or its associated
14 equipment.
15 Section 22. Subsection (7) is added to section
16 489.107, Florida Statutes, to read:
17 489.107 Construction Industry Licensing Board.--
18 (7) Notwithstanding the provisions of s. 20.165(7),
19 the physical offices of the board shall be located in Leon
20 County.
21 Section 23. Section 489.128, Florida Statutes, is
22 amended to read:
23 489.128 Contracts performed by unlicensed contractors
24 unenforceable.--As a matter of public policy, contracts
25 entered into on or after October 1, 1990, and performed in
26 full or in part by any contractor who fails to obtain or
27 maintain a license in accordance with this part shall be
28 unenforceable in law or in equity. However, in the event the
29 contractor obtains or reinstates his or her license, the
30 provisions of this section shall no longer apply.
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 Section 24. Subsections (12) and (15) of section
2 489.503, Florida Statutes, are amended to read:
3 489.503 Exemptions.--This part does not apply to:
4 (12) Any person as defined and licensed under chapter
5 527 while engaged in work regulated under that chapter.
6 (15) The provision, installation, testing, routine
7 maintenance, factory-servicing, or monitoring of a personal
8 emergency response system, as defined in s. 489.505, by an
9 authorized person who:
10 (a) Is an employee of, or a volunteer supervised by an
11 employee of, a health care facility licensed by the Agency for
12 Health Care Administration;
13 (b) Performs services for the Department of Elderly
14 Affairs;
15 (c) Performs services for the Department of Children
16 and Family Services under chapter 410; or
17 (d) Is an employee of or an authorized representative
18 or distributor for the producer of the personal emergency
19 response system being monitored.
20 Section 25. Section 489.514, Florida Statutes, is
21 amended to read:
22 (Substantial rewording of section. See
23 s. 489.514, F.S., for present text.)
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 from the applicant and
28 compliance of the applicant with this section:
29 (a) Issue a certification as an electrical contractor,
30 as defined in s. 489.505(12), to any applying registered
31 electrical contractor; or
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (b) Issue a certification as an alarm system
2 contractor, as defined in s. 489.505(21), (22), or (23), as
3 appropriate, to any applying registered alarm system
4 contractor.
5 (2) Any contractor registered under this part is
6 qualified to receive a certification as set forth in this
7 section, provided the applicant can show that he or she meets
8 the following requirements:
9 (a) Currently holds a valid registered local license
10 in the category of electrical or alarm system contractor.
11 (b) Has passed a written, proctored examination that
12 the board finds to be either:
13 1. Substantially similar to the examination required
14 to be licensed as a certified contractor under this part; or
15 2. An examination produced by the National Assessment
16 Institute, Block and Associates, or NAI/Block, or an
17 examination substantially similar to one of these three
18 examinations. The board may not impose or make any
19 requirements regarding the nature or content of the National
20 Assessment Institute, Block and Associates, or NAI/Block
21 examination, except that it shall require that the examination
22 passed was a written, proctored examination.
23 (c) Has at least 5 years of experience as a registered
24 electrical or alarm system contractor, or as an inspector or
25 building administrator with oversight over electrical or alarm
26 system contracting, or a combination of the two, at the time
27 of application. For contractors, only time periods in which
28 the contractor license is active and the contractor is not on
29 probation shall count toward the 5 years of experience
30 required under this paragraph.
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (d) Has not had his or her contractor's license
2 revoked at any time, had his or her contractor's license
3 suspended in the last 5 years, or been assessed a fine in
4 excess of $500 in the last 5 years.
5 (e) Is in compliance with the insurance and financial
6 responsibility requirements in s. 489.515(1)(b).
7 (3) Notwithstanding the provisions of s. 489.517(4),
8 technical subjects relating to alarm system contracting shall
9 comprise all of the continuing education required for
10 licensure renewal subsequent to the completion of the first
11 full biennial licensure cycle for persons obtaining
12 certification under this section.
13 Section 26. 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 27. 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
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
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 28. Subsection (1) of section 489.531, Florida
7 Statutes, is amended, present subsection (5) of that section
8 is renumbered as subsection (6) and amended, present
9 subsections (3), (4), (6), and (7) of that section are
10 renumbered as subsections (4), (5), (7), and (8),
11 respectively, and a new subsection (3) is added to that
12 section, to read:
13 489.531 Prohibitions; penalties.--
14 (1) A person may not:
15 (a) Practice contracting unless the person is
16 certified or registered;
17 (b) Use the name or title "electrical contractor" or
18 "alarm system contractor" or words to that effect, or
19 advertise himself or herself or a business organization as
20 available to practice electrical or alarm system contracting,
21 when the person is not then the holder of a valid
22 certification or registration issued pursuant to this part;
23 (c) Present as his or her own the certificate or
24 registration of another;
25 (d) Use or attempt to use a certificate or
26 registration that has been suspended, revoked, or placed on
27 inactive or delinquent status;
28 (e) Employ persons who are not certified or registered
29 to practice contracting;
30 (f) Knowingly give false or forged evidence to the
31 department, the board, or a member thereof;
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (g) Operate a business organization engaged in
2 contracting after 60 days following the termination of its
3 only qualifying agent without designating another primary
4 qualifying agent;
5 (h) Conceal information relative to violations of this
6 part;
7 (i) Commence or perform work for which a building
8 permit is required pursuant to part VII of chapter 533 without
9 the building permit being in effect; or
10 (j) Willfully or deliberately disregard or violate any
11 municipal or county ordinance relating to uncertified or
12 unregistered contractors.
13 (3)(a) Any unlicensed person who violates any of the
14 provisions of subsection (1) commits a misdemeanor of the
15 first degree, punishable as provided in s. 775.082 or s.
16 775.083.
17 (b) Any unlicensed person who commits a violation of
18 subsection (1) after having been previously found guilty of
19 such violation commits a felony of the third degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (c) Any unlicensed person who commits a violation of
22 subsection (1) during the existence of a state of emergency
23 declared by executive order of the Governor commits a felony
24 of the third degree, punishable as provided in s. 775.082 or
25 s. 775.083.
26
27 The remedies set forth in this subsection are not exclusive
28 and may be imposed in addition to the remedies set forth in s.
29 489.533(2).
30 (6)(5)(a) The local governing body of a county or
31 municipality, or its local enforcement body, is authorized to
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 enforce the provisions of this part as well as its local
2 ordinances against locally licensed or registered contractors,
3 as appropriate. The local jurisdiction enforcement body may
4 conduct disciplinary proceedings against a locally licensed or
5 registered contractor and may require restitution or impose a
6 suspension or revocation of the local license or a fine not to
7 exceed $5,000, or a combination thereof, against the locally
8 licensed or registered contractor, according to ordinances
9 which a local jurisdiction may enact. In addition, the local
10 jurisdiction may assess reasonable investigative and legal
11 costs for the prosecution of the violation against the
12 registered contractor violator, according to such ordinances
13 as the local jurisdiction may enact.
14 (b) In addition to any action the local jurisdiction
15 enforcement body may take against the individual's local
16 license, and any fine the local jurisdiction may impose, the
17 local jurisdiction enforcement body shall issue a recommended
18 penalty for board action. This recommended penalty may
19 include a recommendation for no further action or a
20 recommendation for suspension, revocation, or restriction of
21 the registration or imposition of a fine to be levied by the
22 board, or a combination thereof. The local jurisdiction
23 enforcement body shall inform the disciplined registered
24 contractor and the complainant of the local license penalty
25 imposed, the board penalty recommended, the rights to appeal,
26 and the consequences should the registered contractor decide
27 not to appeal. The local jurisdiction enforcement body shall,
28 upon having reached adjudication or having accepted a plea of
29 nolo contendere, immediately inform the board of its action
30 and the recommended board penalty.
31
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 (c) The department, the disciplined registered
2 contractor, or the complainant may challenge the local
3 jurisdiction enforcement body's recommended penalty for board
4 action to the Electrical Contractors' Licensing Board. A
5 challenge shall be filed within 60 days after the issuance of
6 the recommended penalty to the board. If challenged, there is
7 a presumptive finding of probable cause and the case may
8 proceed without the need for a probable cause hearing.
9 (d) Failure of the department, the disciplined
10 registered contractor, or the complainant to challenge the
11 local jurisdiction's recommended penalty within the time
12 period set forth in this subsection shall constitute a waiver
13 of the right to a hearing before the board. A waiver of the
14 right to a hearing before the board shall be deemed an
15 admission of the violation, and the penalty recommended shall
16 become a final order according to procedures developed by
17 board rule without further board action. The disciplined
18 registered contractor may appeal this board action to the
19 district court.
20 (e) The department may investigate any complaint which
21 is made with the department. However, if the department
22 determines that the complaint against a registered contractor
23 is for an action which a local jurisdiction enforcement body
24 has investigated and reached adjudication or accepted a plea
25 of nolo contendere, including a recommended penalty to the
26 board, the department shall not initiate prosecution for that
27 action, unless the secretary has initiated summary procedures
28 pursuant to s. 455.225(8).
29 (f) Nothing in this subsection shall be construed to
30 allow local jurisdictions to exercise disciplinary authority
31 over certified contractors.
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 Section 29. Section 489.532, Florida Statutes, is
2 amended to read:
3 489.532 Contracts performed by unlicensed contractors
4 unenforceable.--As a matter of public policy, contracts
5 entered into on or after October 1, 1990, and performed in
6 full or in part by any contractor who fails to obtain or
7 maintain his or her license in accordance with this part shall
8 be unenforceable in law, and the court in its discretion may
9 extend this provision to equitable remedies. However, in the
10 event the contractor obtains or reinstates the license the
11 provisions of this section shall no longer apply.
12 Section 30. Subsection (8) of section 489.537, Florida
13 Statutes, is repealed.
14 Section 31. Subsections (21), (22), and (23) of
15 section 489.505, Florida Statutes, are amended to read:
16 489.505 Definitions.--As used in this part:
17 (21) "Registered alarm system contractor I" means an
18 alarm system contractor whose business includes all types of
19 alarm systems for all purposes and who is registered with the
20 department pursuant to s. 489.513 or s. 489.537(8). A
21 registered alarm system contractor I may contract only in the
22 jurisdictions for which his or her registration is issued.
23 (22) "Registered alarm system contractor II" means an
24 alarm system contractor whose business includes all types of
25 alarm systems, other than fire, for all purposes and who is
26 registered with the department pursuant to s. 489.513 or s.
27 489.537(8). A registered alarm system contractor II may
28 contract only in the jurisdiction for which his or her
29 registration is issued.
30 (23) "Registered residential alarm system contractor"
31 means an alarm system contractor whose business is limited to
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1800
315-2017A-00
1 burglar alarm systems in single-family residential, quadruplex
2 housing, and mobile homes of a residential occupancy class and
3 who is registered with the department pursuant to s. 489.513
4 or s. 489.537(8). The board shall define "residential
5 occupancy class" by rule. A registered residential alarm
6 system contractor may contract only in the jurisdiction for
7 which his or her registration is issued.
8 Section 32. Subsection (2) of section 489.515, Florida
9 Statutes, is amended to read:
10 489.515 Issuance of certificates; registrations.--
11 (2) The department shall issue a registration to a
12 person who is in compliance with the provisions of s. 489.513
13 or s. 489.537(8) and who the board certifies is qualified to
14 be registered.
15 Section 33. This act shall take effect July 1, 2000.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 1800
19
20 The Proposed Committee Substitute for Senate Bill 1800:
21 - Privatizes inspection of elevators.
22 - Adds procedural requirements for investigations of
building administrators and officials, inspectors, and
23 plans examiners by the Department of Business and
Professional Regulation.
24
- Broadens the job scope of pool contractors to include
25 modern materials and to include cleaning that requires
disassembly.
26
- Moves the Construction Industry Licensing Board from
27 Jacksonville to Leon County.
28 - Repeals statute that grandfathered certain registered
electrical contractors and locally licensed alarm system
29 contractors to do alarm system work.
30 - Eliminates a requirement that persons who monitor fire
alarm systems obtain technical training.
31
44