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



                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Ogles, J. Miller, Stansel, Wasserman

12  Schultz, and Ritchie offered the following:

13

14         Amendment (with title amendment) 

15         On page 16, line 9,

16  remove from the bill:  all of said line

17

18  and insert in lieu thereof:

19         Section 11.  Effective upon this act becoming a law,

20  the Office of Program Policy Analysis and Government

21  Accountability (OPPAGA), in consultation with the Legislative

22  Committee on Intergovernmental Relations, shall:

23         (1)  Conduct a study of construction retainage methods

24  for public and private construction within the state of

25  Florida.  OPPAGA shall examine all relevant information,

26  including, but not limited to the following:

27         (a)  Information from various state and local

28  governmental entities, public universities, and community

29  colleges within the state of Florida.

30         (b)  Information from the federal government and other

31  states who have addressed construction payment or retainage

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  issues, including states that are of comparable size to the

  2  state of Florida or that have a comparable amount of public or

  3  private construction activity as the state of Florida.

  4         (c)  Information from public and private owners,

  5  general contractors, subcontractors, material suppliers,

  6  construction managers, design-build professionals, architects,

  7  and engineers.

  8         (d)  Information from lenders and surety companies who

  9  are involved in public and private construction.

10         (2)  Draw conclusions and make recommendations, as

11  appropriate, with regard to the following issues:

12         (a)  Whether the state should adopt new laws or modify

13  existing laws to address the specific issues set forth below,

14  and whether any existing statutes will require modification or

15  repeal.

16         (b)  The positive and negative impacts of the current

17  systems of retainage being utilized throughout the state as

18  applied to public sector and private sector construction

19  contracts, and as between owners and contractors, between

20  contractors and subcontractors, and between subcontractors and

21  subcontractor.

22         (c)  Whether the traditional 10 percent retainage

23  practice in construction is equitable and whether there are

24  viable alternatives to this practice.

25         (d)  What may be an appropriate percentage of retainage

26  to be held on all construction projects.

27         (e)  What the purposes of retainage are for

28  construction projects.

29         (f)  Whether it is appropriate to hold all retainage

30  until the end of a construction project or whether periodic

31  release of retainage or release of retainage for specific

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  divisions of work on a construction project is appropriate and

  2  reasonably manageable.

  3         (g)  What protections are currently in place for owners

  4  to insure that construction projects are progressing in a

  5  satisfactory manner, including, but not limited to, project

  6  management techniques, periodic inspections, services of

  7  project architects and engineers, and whether those

  8  protections are being adequately and properly utilized.

  9         (h)  What protections are currently in place or could

10  be adopted for owners, contractors, and subcontractors through

11  the utilization of construction payment and performance bonds.

12         (i)  Whether the documentation required for

13  construction projects contributes to delays in progress

14  payments, final payments, and release of retainage; whether

15  such requirements could be simplified or standardized to

16  streamline the process; and whether it is appropriate for the

17  Legislature to address this issue.

18         (j)  Whether the Legislature should limit the

19  percentage of retainage that can be held on public and private

20  construction projects.

21         (k)  Whether the Legislature should provide for

22  periodic release of retainage on public and private

23  construction projects.

24         (l)  Whether the Legislature should establish

25  requirements and time limits for owners and contractors to

26  release final payment and retainage on all construction

27  projects.

28         (3)  OPPAGA shall present a report of its findings and

29  recommendations to the President of the Senate, the Speaker of

30  the House of Representatives, minority leaders of the Senate

31  and House of Representatives, and chairs of the House Business

                                  3

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  Regulation & Consumer Affairs Committee and the Senate

  2  Regulated Industries Committee by January 1, 2001.

  3         Section 12.  Effective January 1, 2001, subsection (1)

  4  of section 399.13, Florida Statutes, is amended to read:

  5         399.13  Delegation of authority to municipalities or

  6  counties.--

  7         (1)  The division may enter into contracts with

  8  municipalities or counties under which such municipalities or

  9  counties will issue construction permits, temporary operation

10  permits, and certificates of operation; will provide

11  inspection of elevators; and will enforce the applicable

12  provisions of the Florida Building Elevator Safety Code, as

13  required by this chapter.  Each such agreement shall include a

14  provision that the municipality or county shall maintain for

15  inspection by the division copies of all applications for

16  permits issued, a copy of each inspection report issued, and

17  proper records showing the number of certificates of operation

18  issued; shall include a provision that each required

19  inspection be conducted by the holder of a certificate of

20  competency issued by the division; and may include such other

21  provisions as the division deems necessary.

22         Section 13.  Subsections (2) and (6) of section

23  468.603, Florida Statutes, are amended, and subsection (8) is

24  added to said section, to read:

25         468.603  Definitions.--As used in this part:

26         (2)  "Building code inspector" or "inspector" means any

27  of those employees of local governments or state agencies with

28  building construction regulation responsibilities who

29  themselves conduct inspections of building construction,

30  erection, repair, addition, or alteration projects that

31  require permitting indicating compliance with building,

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  plumbing, mechanical, electrical, gas, fire prevention,

  2  energy, accessibility, and other construction codes as

  3  required by state law or municipal or county ordinance.

  4         (6)  "Categories of building code inspectors" include

  5  the following:

  6         (a)  "Building inspector" means a person who is

  7  qualified to inspect and determine that buildings and

  8  structures are constructed in accordance with the provisions

  9  of the governing building codes and state accessibility laws.

10         (b)  "Coastal construction inspector" means a person

11  who is qualified to inspect and determine that buildings and

12  structures are constructed to resist near-hurricane and

13  hurricane velocity winds in accordance with the provisions of

14  the governing building code.

15         (c)  "Commercial electrical inspector" means a person

16  who is qualified to inspect and determine the electrical

17  safety of commercial buildings and structures by inspecting

18  for compliance with the provisions of the National Electrical

19  Code.

20         (d)  "Residential electrical inspector" means a person

21  who is qualified to inspect and determine the electrical

22  safety of one and two family dwellings and accessory

23  structures by inspecting for compliance with the applicable

24  provisions of the governing electrical code.

25         (e)  "Mechanical inspector" means a person who is

26  qualified to inspect and determine that the mechanical

27  installations and systems for buildings and structures are in

28  compliance with the provisions of the governing mechanical

29  code.

30         (f)  "Plumbing inspector" means a person who is

31  qualified to inspect and determine that the plumbing

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  installations and systems for buildings and structures are in

  2  compliance with the provisions of the governing plumbing code.

  3         (g)  "One and two family dwelling inspector" means a

  4  person who is qualified to inspect and determine that one and

  5  two family dwellings and accessory structures are constructed

  6  in accordance with the provisions of the governing building,

  7  plumbing, mechanical, accessibility, and electrical codes.

  8         (h)  "Electrical inspector" means a person who is

  9  qualified to inspect and determine the electrical safety of

10  commercial and residential buildings and accessory structures

11  by inspecting for compliance with the provisions of the

12  National Electrical Code.

13         (8)  "Building code enforcement official" or

14  "enforcement official" means a licensed building code

15  administrator, building code inspector, or plans examiner.

16         Section 14.  Section 468.604, Florida Statutes, is

17  amended to read:

18         468.604  Responsibilities of building code

19  administrators, plans examiners, and building code

20  inspectors.--

21         (1)  It is the responsibility of the building code

22  administrator or building official to administrate, supervise,

23  direct, enforce, or perform the permitting and inspection of

24  construction, alteration, repair, remodeling, or demolition of

25  structures and the installation of building systems within the

26  boundaries of their governmental jurisdiction, when permitting

27  is required, to ensure compliance with building, plumbing,

28  mechanical, electrical, gas fuel, energy conservation,

29  accessibility, and other construction codes which are required

30  or adopted by municipal code, county ordinance, or state law.

31  The building code administrator or building official shall

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  faithfully perform these responsibilities without interference

  2  from any person. These responsibilities include:

  3         (a)  The review of construction plans to ensure

  4  compliance with all applicable codes. The construction plans

  5  must be reviewed before the issuance of any building, system

  6  installation, or other construction permit. The review of

  7  construction plans must be done by the building code

  8  administrator or building official or by a person having the

  9  appropriate plans examiner license issued under this chapter.

10         (b)  The inspection of each phase of construction where

11  a building or other construction permit has been issued. The

12  building code administrator or building official, or a person

13  having the appropriate building code inspector license issued

14  under this chapter, shall inspect the construction or

15  installation to ensure that the work is performed in

16  accordance with applicable codes.

17         (2)  It is the responsibility of the building code

18  inspector to conduct inspections of construction, alteration,

19  repair, remodeling, or demolition of structures and the

20  installation of building systems, when permitting is required,

21  to ensure compliance with building, plumbing, mechanical,

22  electrical, gas fuel, energy conservation, accessibility, and

23  other construction codes required by municipal code, county

24  ordinance, or state law. Each building code inspector must be

25  licensed in the appropriate category as defined in s. 468.603.

26  The building code inspector's responsibilities must be

27  performed under the direction of the building code

28  administrator or building official without interference from

29  any unlicensed person.

30         (3)  It is the responsibility of the plans examiner to

31  conduct review of construction plans submitted in the permit

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  application to assure compliance with all applicable codes

  2  required by municipal code, county ordinance, or state law.

  3  The review of construction plans must be done by the building

  4  code administrator or building official or by a person

  5  licensed in the appropriate plans examiner category as defined

  6  in s. 468.603. The plans examiner's responsibilities must be

  7  performed under the supervision and authority of the building

  8  code administrator or building official without interference

  9  from any unlicensed person.

10         Section 15.  Paragraph (c) of subsection (2) of section

11  468.605, Florida Statutes, is amended to read:

12         468.605  Florida Building Code Administrators and

13  Inspectors Board.--

14         (2)  The board shall consist of nine members, as

15  follows:

16         (c)  Two members serving as building code inspectors.

17

18  None of the board members described in paragraph (a) or

19  paragraph (f) may be an employee of a municipal, county, or

20  state governmental agency.

21         Section 16.  Section 468.607, Florida Statutes, is

22  amended to read:

23         468.607  Certification of building code administration

24  and inspection personnel.--The board shall issue a certificate

25  to any individual whom the board determines to be qualified,

26  within such class and level as provided in this part and with

27  such limitations as the board may place upon it.  No person

28  may be employed by a state agency or local governmental

29  authority to perform the duties of a building code

30  administrator, plans examiner, or building code inspector

31  after October 1, 1993, without possessing the proper valid

                                  8

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  certificate issued in accordance with the provisions of this

  2  part.

  3         Section 17.  Section 468.609, Florida Statutes, is

  4  amended to read:

  5         468.609  Administration of this part; standards for

  6  certification; additional categories of certification.--

  7         (1)  Except as provided in this part, any person who

  8  desires to be certified shall apply to the board, in writing

  9  upon forms approved and furnished by the board, to take the

10  certification examination.

11         (2)  A person shall be entitled to take the examination

12  for certification as a building code an inspector or plans

13  examiner pursuant to this part if the person:

14         (a)  Is at least 18 years of age;

15         (b)  Is of good moral character; and

16         (c)  Meets eligibility requirements according to one of

17  the following criteria:

18         1.  Demonstrates 5 years' combined experience in the

19  field of construction or a related field, building code

20  inspection, or plans review corresponding to the certification

21  category sought;

22         2.  Demonstrates a combination of postsecondary

23  education in the field of construction or a related field and

24  experience which totals 4 years, with at least 1 year of such

25  total being experience in construction, building code

26  inspection, or plans review;

27         3.  Demonstrates a combination of technical education

28  in the field of construction or a related field and experience

29  which totals 4 years, with at least 1 year of such total being

30  experience in construction, building code inspection, or plans

31  review; or

                                  9

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         4.  Currently holds a standard certificate as issued by

  2  the board and satisfactorily completes a building code an

  3  inspector or plans examiner training program of not less than

  4  200 hours in the certification category sought. The board

  5  shall establish by rule criteria for the development and

  6  implementation of the training programs.

  7         (d)  Demonstrates successful completion of the core

  8  curriculum and specialized or advanced module coursework

  9  approved by the Florida Building Commission, as part of the

10  Building Code Training Program established pursuant to s.

11  553.841, appropriate to the licensing category sought or,

12  pursuant to authorization by the certifying authority,

13  provides proof of completion of such curriculum or coursework

14  within 6 months after such certification.

15         (3)  A person shall be entitled to take the examination

16  for certification as a building code administrator pursuant to

17  this part if the person:

18         (a)  Is at least 18 years of age;

19         (b)  Is of good moral character; and

20         (c)  Meets eligibility requirements according to one of

21  the following criteria:

22         1.  Demonstrates 10 years' combined experience as an

23  architect, engineer, plans examiner, building code inspector,

24  registered or certified contractor, or construction

25  superintendent, with at least 5 years of such experience in

26  supervisory positions; or

27         2.  Demonstrates a combination of postsecondary

28  education in the field of construction or related field, no

29  more than 5 years of which may be applied, and experience as

30  an architect, engineer, plans examiner, building code

31  inspector, registered or certified contractor, or construction

                                  10

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  superintendent which totals 10 years, with at least 5 years of

  2  such total being experience in supervisory positions.

  3         (d)  Demonstrates successful completion of the core

  4  curriculum and specialized or advanced module coursework

  5  approved by the Florida Building Commission, as part of the

  6  Building Code Training Program established pursuant to s.

  7  553.841, appropriate to the licensing category sought or,

  8  pursuant to authorization by the certifying authority,

  9  provides proof of completion of such curriculum or coursework

10  within 6 months after such certification.

11         (4)  No person may engage in the duties of a building

12  code administrator, plans examiner, or building code inspector

13  pursuant to this part after October 1, 1993, unless such

14  person possesses one of the following types of certificates,

15  currently valid, issued by the board attesting to the person's

16  qualifications to hold such position:

17         (a)  A standard certificate.

18         (b)  A limited certificate.

19         (c)  A provisional certificate.

20         (5)(a)  To obtain a standard certificate, an individual

21  must pass an examination approved by the board which

22  demonstrates that the applicant has fundamental knowledge of

23  the state laws and codes relating to the construction of

24  buildings for which the applicant has building code

25  administration, plans examination examining, or building code

26  inspection responsibilities.  It is the intent of the

27  Legislature that the examination approved for certification

28  pursuant to this part be substantially equivalent to the

29  examinations administered by the Southern Building Code

30  Congress International, the Building Officials Association of

31  Florida, the South Florida Building Code (Dade and Broward),

                                  11

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  and the Council of American Building Officials.

  2         (b)  A standard certificate shall be issued to each

  3  applicant who successfully completes the examination, which

  4  certificate authorizes the individual named thereon to

  5  practice throughout the state as a building code

  6  administrator, plans examiner, or building code inspector

  7  within such class and level as is specified by the board.

  8         (c)  The board may accept proof that the applicant has

  9  passed an examination which is substantially equivalent to the

10  board-approved examination set forth in this section.

11         (6)(a)  A building code administrator, plans examiner,

12  or building code inspector holding office on July 1, 1993,

13  shall not be required to possess a standard certificate as a

14  condition of tenure or continued employment, but shall be

15  required to obtain a limited certificate as described in this

16  subsection.

17         (b)  By October 1, 1993, individuals who were employed

18  on July 1, 1993, as building code administrators, plans

19  examiners, or building code inspectors, who are not eligible

20  for a standard certificate, but who wish to continue in such

21  employment, shall submit to the board the appropriate

22  application and certification fees and shall receive a limited

23  certificate qualifying them to engage in building code

24  administration, plans examination, or building code inspection

25  in the class, at the performance level, and within the

26  governmental jurisdiction in which such person is employed.

27         (c)  The limited certificate shall be valid only as an

28  authorization for the building code administrator, plans

29  examiner, or building code inspector to continue in the

30  position held, and to continue performing all functions

31  assigned to that position, on July 1, 1993.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         (d)  A building code administrator, plans examiner, or

  2  building code inspector holding a limited certificate can be

  3  promoted to a position requiring a higher level certificate

  4  only upon issuance of a standard certificate or provisional

  5  certificate appropriate for such new position.

  6         (7)(a)  The board may provide for the issuance of

  7  provisional certificates valid for such period, not less than

  8  3 years 1 year nor more than 5 3 years, as specified by board

  9  rule, to any newly employed or promoted building code

10  inspector or plans examiner who meets the eligibility

11  requirements described in subsection (2) and any newly

12  employed or promoted building code administrator who meets the

13  eligibility requirements described in subsection (3) building

14  code administrator, plans examiner, or inspector.

15         (b)  No building code administrator, plans examiner, or

16  building code inspector may have a provisional certificate

17  extended beyond the specified period by renewal or otherwise.

18         (c)  The board may provide for appropriate levels of

19  provisional certificates and may issue these certificates with

20  such special conditions or requirements relating to the place

21  of employment of the person holding the certificate, the

22  supervision of such person on a consulting or advisory basis,

23  or other matters as the board may deem necessary to protect

24  the public safety and health.

25         (d)  A newly employed or hired person may perform the

26  duties of a plans examiner or building code inspector for 90

27  days if a provisional certificate application has been

28  submitted, provided such person is under the direct

29  supervision of a certified building code administrator who

30  holds a standard certification and who has found such person

31  qualified for a provisional certificate. However, direct

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  supervision and the determination of qualifications under this

  2  paragraph may be provided by a building code administrator who

  3  holds a limited or provisional certificate in any county with

  4  a population of less than 75,000 and in any municipality

  5  located within such a county.

  6         (8)(a)  Any individual who holds a valid certificate

  7  under the provisions of s. 553.795, or who has successfully

  8  completed all requirements for certification pursuant to such

  9  section, shall be deemed to have satisfied the requirements

10  for receiving a standard certificate prescribed by this part.

11         (b)  Any individual who holds a valid certificate

12  issued by the Southern Building Code Congress International,

13  the Building Officials Association of Florida, the South

14  Florida Building Code (Dade and Broward), or the Council of

15  American Building Officials certification programs, or who has

16  been approved for certification under one of those programs

17  not later than October 1, 1995, shall be deemed to have

18  satisfied the requirements for receiving a standard

19  certificate in the corresponding category prescribed by this

20  part. Employees of counties with a population of less than

21  50,000, or employees of municipalities with a population of

22  less than 3,500, shall be deemed to have satisfied the

23  requirements for standard certification where such employee is

24  approved for certification under one of the programs set forth

25  in this paragraph not later than October 1, 1998.

26         (8)(9)  Any individual applying to the board may be

27  issued a certificate valid for multiple building code

28  inspection classes, as deemed appropriate by the board.

29         (9)(10)  Certification and training classes may be

30  developed in coordination with degree career education

31  centers, community colleges, the State University System, or

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  other entities offering certification and training classes.

  2         (10)(11)  The board may by rule create categories of

  3  certification in addition to those defined in s. 468.603(6)

  4  and (7). Such certification categories shall not be mandatory

  5  and shall not act to diminish the scope of any certificate

  6  created by statute.

  7         Section 18.  Section 468.617, Florida Statutes, is

  8  amended to read:

  9         468.617  Joint building code inspection department;

10  other arrangements.--

11         (1)  Nothing in this part shall prohibit any local

12  jurisdiction from entering into and carrying out contracts

13  with any other local jurisdiction under which the parties

14  agree to create and support a joint building code inspection

15  department for conforming to the provisions of this part.  In

16  lieu of a joint building code inspection department, any local

17  jurisdiction may designate a building code an inspector from

18  another local jurisdiction to serve as a building code an

19  inspector for the purposes of this part.

20         (2)  Nothing in this part shall prohibit local

21  governments from contracting with persons certified pursuant

22  to this part to perform building code inspections or plan

23  reviews. An individual or entity may not inspect or examine

24  plans on projects in which the individual or entity designed

25  or permitted the projects.

26         (3)  Nothing in this part shall prohibit any county or

27  municipal government from entering into any contract with any

28  person or entity for the provision of building code inspection

29  services regulated under this part, and notwithstanding any

30  other statutory provision, such county or municipal

31  governments may enter into contracts.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         Section 19.  Section 468.619, Florida Statutes, is

  2  created to read:

  3         468.619  Building code enforcement officials' bill of

  4  rights.--

  5         (1)  It is the finding of the Legislature that building

  6  code enforcement officials are employed by local jurisdictions

  7  to exercise police powers of the state in the course of their

  8  duties and are in that way similar to law enforcement

  9  personnel, correctional officers, and firefighters. It is the

10  further finding of the Legislature that building code

11  enforcement officials are thereby sufficiently distinguishable

12  from other professionals regulated by the department so that

13  their circumstances merit additional specific protections in

14  the course of disciplinary investigations and proceedings

15  against their licenses.

16         (2)  All enforcement officials licensed under this part

17  shall have the rights and privileges specified in this

18  section. Such rights are not exclusive to other rights, and an

19  enforcement official does not forfeit any rights otherwise

20  held under federal, state, or local law. In any instance of a

21  conflict between a provision of this section and a provision

22  of chapter 455, the provision of this section shall supersede

23  the provision of chapter 455.

24         (3)  Whenever an enforcement official is subjected to

25  an investigative interview for possible disciplinary action by

26  the department, such interview shall be conducted pursuant to

27  the requirements of this subsection.

28         (a)  The interview shall take place at a reasonable

29  hour. If the interview is taken in person, it shall take place

30  not more than 30 miles from where the licensee works, or at

31  any other mutually agreeable location or time.

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    dhs-21                                  Bill No. CS for SB 220

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





  1         (b)  An enforcement official may not be subjected to an

  2  interview without first receiving written notice of sufficient

  3  details of the complaint in order to be reasonably apprised of

  4  the nature of the investigation and of the substance of the

  5  allegations made. The enforcement official shall be informed

  6  prior to the interview whether the complaint originated from

  7  the department or from a consumer.

  8         (c)  At his or her request, an enforcement official

  9  under investigation shall have the right to be represented by

10  counsel or by any other representative of his or her choice,

11  who shall be present at such time as the enforcement official

12  wishes during the interview.

13         (d)  During the interview, the enforcement official may

14  not be subjected to offensive language. No promise may be made

15  or reward offered to the enforcement official as an inducement

16  to answer any question.

17         (e)  If requested by the enforcement official, the

18  interview of an enforcement official, including notation of

19  all recess periods, must be recorded on audio tape, or

20  otherwise preserved in such a manner as to allow a transcript

21  to be prepared, and there shall be no unrecorded questions or

22  statements. Upon the request of the enforcement official, a

23  copy of any such recording of the interview must be made

24  available to the enforcement official no later than 72 hours

25  following the interview, excluding holidays and weekends.  The

26  expense of the recording and transcript shall be borne by the

27  enforcement official.

28         (f)  If the testimony is transcribed, the transcript

29  must be furnished to the enforcement official for examination,

30  and shall be read to or by the enforcement official, unless

31  waived by all parties involved. Any changes in form or

                                  17

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  substance that the enforcement official wants to make shall be

  2  listed in writing, with a statement of the reasons for making

  3  the changes. The changes shall be attached to the transcript.

  4  Any transcript of an interview with an enforcement official

  5  which is to be used in any proceeding against the enforcement

  6  official shall be sworn or affirmed to and acknowledged by the

  7  enforcement official.

  8         (4)  The investigation of a complaint against an

  9  enforcement official is subject to the time restrictions set

10  forth in this subsection, and failure to comply with any time

11  restriction set forth in this subsection shall result in

12  dismissal of the complaint against the enforcement official.

13  An investigation of a complaint against an enforcement

14  official that was dismissed for failure to comply with a time

15  restriction set forth in this subsection may not be reopened.

16  However, in any instance of an additional complaint being

17  initiated, information or investigation related to the

18  dismissed complaint may be used.

19         (a)  The department must inform the enforcement

20  official of any legally sufficient complaint received,

21  including the substance of the allegation, within 10 days

22  after receipt of the complaint by the department.

23         (b)  The enforcement official shall be given thirty

24  (30) days to respond to any legally sufficient complaint.

25         (c)  No longer than 180 days from the date of the

26  receipt of the complaint, the department shall submit the

27  investigation, whether complete or not, to the probable cause

28  panel for review.  In the event the investigation is not

29  complete, the probable cause panel shall review and instruct

30  the department to complete the investigation within a time

31  certain and, in no event, greater than ninety (90) days or

                                  18

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  dismiss the complaint with prejudice.

  2         (5)  The enforcement official shall be considered an

  3  agent of the governmental entity employing him or her and as

  4  such shall be defended by that entity in any action brought by

  5  the department or the board, provided the enforcement official

  6  is working within the scope of his or her employment.

  7         (6)  An enforcement official shall not be subject to

  8  disciplinary action in regard to his or her certification for

  9  exercising his or her rights under this section.

10         (7)  If any action taken against the enforcement

11  official by the department or the board is found to be without

12  merit by a court of competent jurisdiction, or if judgment in

13  such an action is awarded to the enforcement official, the

14  department or the board, or the assignee of the department or

15  board, shall reimburse the enforcement official or his or her

16  employer, as appropriate, for reasonable legal costs and

17  reasonable attorney's fees incurred.  The amount awarded shall

18  not exceed the limit provided in s. 120.595.

19         (8)  An enforcement official may bring civil suit

20  against any person, group of persons, or organization or

21  corporation, or the head of such organization or corporation,

22  for damages, either pecuniary or otherwise, suffered pursuant

23  to the performance of the enforcement official's duties or for

24  abridgement of the enforcement official's civil rights arising

25  out of the enforcement official's performance of official

26  duties.

27         (9)  Notwithstanding any other provision in law, while

28  under investigation the enforcement official shall not be

29  denied any and all the rights and privileges of a licensee in

30  good standing.

31         Section 20.  Subsection (3) of section 468.621, Florida

                                  19

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  Statutes, is amended to read:

  2         468.621  Disciplinary proceedings.--

  3         (3)  Where a certificate is suspended, placed on

  4  probation, or has conditions imposed, the board shall

  5  reinstate the certificate of a disciplined building code

  6  administrator, plans examiner, or building code inspector upon

  7  proof the disciplined individual has complied with all terms

  8  and conditions set forth in the final order.

  9         Section 21.  Subsections (2), (3), and (4) of section

10  468.627, Florida Statutes, are amended to read:

11         468.627  Application; examination; renewal; fees.--

12         (2)  The initial application fee may not exceed $25 for

13  building code administrators, plans examiners, or building

14  code inspectors.

15         (3)  The initial examination fee may not exceed $150

16  for building code administrators, plans examiners, or building

17  code inspectors.

18         (4)  Employees of local government agencies having

19  responsibility for building code inspection, building

20  construction regulation, and enforcement of building,

21  plumbing, mechanical, electrical, gas, fire prevention,

22  energy, accessibility, and other construction codes shall pay

23  no application fees or examination fees.

24         Section 22.  Section 468.631, Florida Statutes, is

25  amended to read:

26         468.631  Building Code Administrators and Inspectors

27  Fund.--The provisions of this part shall be funded through a

28  surcharge, to be assessed pursuant to s. 125.56(4) or s.

29  166.201 at the rate of one-half cent per square foot of

30  under-roof floor space permitted, including new construction,

31  renovations, alterations, and additions.  The unit of

                                  20

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  government responsible for collecting permit fees pursuant to

  2  s. 125.56(4) or s. 166.201 shall collect such surcharge and

  3  shall remit the funds to the department on a quarterly

  4  calendar basis beginning not later than December 31, 1993, for

  5  the preceding quarter, and continuing each third month

  6  thereafter; and such unit of government may retain an amount

  7  up to 10 percent of the surcharge collected to fund projects

  8  and activities intended to improve the quality of building

  9  code enforcement.  There is created within the Professional

10  Regulation Trust Fund a separate account to be known as the

11  Building Code Administrators and Inspectors Fund, which shall

12  deposit and disburse funds as necessary for the implementation

13  of this part. The department shall annually establish the

14  amount needed to fund the certification and regulation of

15  building code administrators, plans examiners, and building

16  code inspectors.  Any funds collected in excess of the amount

17  needed to adequately fund the certification and regulation of

18  building code administrators, plans examiners, and building

19  code inspectors shall be deposited into the Construction

20  Industries Recovery Fund established by s. 489.140.  If the

21  Construction Industries Recovery Fund is fully funded as

22  provided by s. 489.140, any remaining funds shall be

23  distributed to the Construction Industry Licensing Board for

24  use in the regulation of certified and registered contractors.

25         Section 23.  Subsection (1) of section 468.633, Florida

26  Statutes, is amended to read:

27         468.633  Authority of local government.--

28         (1)  Nothing in this part may be construed to restrict

29  the authority of local governments to require as a condition

30  of employment that building code administrators, plans

31  examiners, and building code inspectors possess qualifications

                                  21

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  beyond the requirements for certification contained in this

  2  part.

  3         Section 24.  Paragraph (a) of subsection (1) of section

  4  112.3145, Florida Statutes, is amended to read:

  5         112.3145  Disclosure of financial interests and clients

  6  represented before agencies.--

  7         (1)  For purposes of this section, unless the context

  8  otherwise requires, the term:

  9         (a)  "Local officer" means:

10         1.  Every person who is elected to office in any

11  political subdivision of the state, and every person who is

12  appointed to fill a vacancy for an unexpired term in such an

13  elective office.

14         2.  Any appointed member of a board; commission;

15  authority, including any expressway authority or

16  transportation authority established by general law; community

17  college district board of trustees; or council of any

18  political subdivision of the state, excluding any member of an

19  advisory body. A governmental body with land-planning, zoning,

20  or natural resources responsibilities shall not be considered

21  an advisory body.

22         3.  Any person holding one or more of the following

23  positions: mayor; county or city manager; chief administrative

24  employee of a county, municipality, or other political

25  subdivision; county or municipal attorney; chief county or

26  municipal building code inspector; county or municipal water

27  resources coordinator; county or municipal pollution control

28  director; county or municipal environmental control director;

29  county or municipal administrator, with power to grant or deny

30  a land development permit; chief of police; fire chief;

31  municipal clerk; district school superintendent; community

                                  22

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  college president; district medical examiner; or purchasing

  2  agent having the authority to make any purchase exceeding the

  3  threshold amount provided for in s. 287.017 for CATEGORY ONE,

  4  on behalf of any political subdivision of the state or any

  5  entity thereof.

  6         Section 25.  Subsection (3) of section 125.56, Florida

  7  Statutes, is amended to read:

  8         125.56  Adoption or amendment of building code;

  9  inspection fees; inspectors; etc.--

10         (3)  The board of county commissioners of each of the

11  several counties may employ a building code inspector and such

12  other personnel as it deems necessary to carry out the

13  provisions of this act and may pay reasonable salaries for

14  such services.

15         Section 26.  Paragraph (g) of subsection (5) of section

16  212.08, Florida Statutes, is amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

18  and storage tax; specified exemptions.--The sale at retail,

19  the rental, the use, the consumption, the distribution, and

20  the storage to be used or consumed in this state of the

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

23         (5)  EXEMPTIONS; ACCOUNT OF USE.--

24         (g)  Building materials used in the rehabilitation of

25  real property located in an enterprise zone.--

26         1.  Beginning July 1, 1995, building materials used in

27  the rehabilitation of real property located in an enterprise

28  zone shall be exempt from the tax imposed by this chapter upon

29  an affirmative showing to the satisfaction of the department

30  that the items have been used for the rehabilitation of real

31  property located in an enterprise zone. Except as provided in

                                  23

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  subparagraph 2., this exemption inures to the owner, lessee,

  2  or lessor of the rehabilitated real property located in an

  3  enterprise zone only through a refund of previously paid

  4  taxes. To receive a refund pursuant to this paragraph, the

  5  owner, lessee, or lessor of the rehabilitated real property

  6  located in an enterprise zone must file an application under

  7  oath with the governing body or enterprise zone development

  8  agency having jurisdiction over the enterprise zone where the

  9  business is located, as applicable, which includes:

10         a.  The name and address of the person claiming the

11  refund.

12         b.  An address and assessment roll parcel number of the

13  rehabilitated real property in an enterprise zone for which a

14  refund of previously paid taxes is being sought.

15         c.  A description of the improvements made to

16  accomplish the rehabilitation of the real property.

17         d.  A copy of the building permit issued for the

18  rehabilitation of the real property.

19         e.  A sworn statement, under the penalty of perjury,

20  from the general contractor licensed in this state with whom

21  the applicant contracted to make the improvements necessary to

22  accomplish the rehabilitation of the real property, which

23  statement lists the building materials used in the

24  rehabilitation of the real property, the actual cost of the

25  building materials, and the amount of sales tax paid in this

26  state on the building materials. In the event that a general

27  contractor has not been used, the applicant shall provide this

28  information in a sworn statement, under the penalty of

29  perjury. Copies of the invoices which evidence the purchase of

30  the building materials used in such rehabilitation and the

31  payment of sales tax on the building materials shall be

                                  24

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  attached to the sworn statement provided by the general

  2  contractor or by the applicant. Unless the actual cost of

  3  building materials used in the rehabilitation of real property

  4  and the payment of sales taxes due thereon is documented by a

  5  general contractor or by the applicant in this manner, the

  6  cost of such building materials shall be an amount equal to 40

  7  percent of the increase in assessed value for ad valorem tax

  8  purposes.

  9         f.  The identifying number assigned pursuant to s.

10  290.0065 to the enterprise zone in which the rehabilitated

11  real property is located.

12         g.  A certification by the local building code

13  inspector that the improvements necessary to accomplish the

14  rehabilitation of the real property are substantially

15  completed.

16         h.  Whether the business is a small business as defined

17  by s. 288.703(1).

18         i.  If applicable, the name and address of each

19  permanent employee of the business, including, for each

20  employee who is a resident of an enterprise zone, the

21  identifying number assigned pursuant to s. 290.0065 to the

22  enterprise zone in which the employee resides.

23         2.  This exemption inures to a city, county, or other

24  governmental agency through a refund of previously paid taxes

25  if the building materials used in the rehabilitation of real

26  property located in an enterprise zone are paid for from the

27  funds of a community development block grant or similar grant

28  or loan program. To receive a refund pursuant to this

29  paragraph, a city, county, or other governmental agency must

30  file an application which includes the same information

31  required to be provided in subparagraph 1. by an owner,

                                  25

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  lessee, or lessor of rehabilitated real property. In addition,

  2  the application must include a sworn statement signed by the

  3  chief executive officer of the city, county, or other

  4  governmental agency seeking a refund which states that the

  5  building materials for which a refund is sought were paid for

  6  from the funds of a community development block grant or

  7  similar grant or loan program.

  8         3.  Within 10 working days after receipt of an

  9  application, the governing body or enterprise zone development

10  agency shall review the application to determine if it

11  contains all the information required pursuant to subparagraph

12  1. or subparagraph 2. and meets the criteria set out in this

13  paragraph. The governing body or agency shall certify all

14  applications that contain the information required pursuant to

15  subparagraph 1. or subparagraph 2. and meet the criteria set

16  out in this paragraph as eligible to receive a refund. If

17  applicable, the governing body or agency shall also certify if

18  20 percent of the employees of the business are residents of

19  an enterprise zone, excluding temporary and part-time

20  employees. The certification shall be in writing, and a copy

21  of the certification shall be transmitted to the executive

22  director of the Department of Revenue. The applicant shall be

23  responsible for forwarding a certified application to the

24  department within the time specified in subparagraph 4.

25         4.  An application for a refund pursuant to this

26  paragraph must be submitted to the department within 6 months

27  after the rehabilitation of the property is deemed to be

28  substantially completed by the local building code inspector.

29         5.  The provisions of s. 212.095 do not apply to any

30  refund application made pursuant to this paragraph. No more

31  than one exemption through a refund of previously paid taxes

                                  26

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  for the rehabilitation of real property shall be permitted for

  2  any one parcel of real property. No refund shall be granted

  3  pursuant to this paragraph unless the amount to be refunded

  4  exceeds $500. No refund granted pursuant to this paragraph

  5  shall exceed the lesser of 97 percent of the Florida sales or

  6  use tax paid on the cost of the building materials used in the

  7  rehabilitation of the real property as determined pursuant to

  8  sub-subparagraph 1.e. or $5,000, or, if no less than 20

  9  percent of the employees of the business are residents of an

10  enterprise zone, excluding temporary and part-time employees,

11  the amount of refund granted pursuant to this paragraph shall

12  not exceed the lesser of 97 percent of the sales tax paid on

13  the cost of such building materials or $10,000. A refund

14  approved pursuant to this paragraph shall be made within 30

15  days of formal approval by the department of the application

16  for the refund.

17         6.  The department shall adopt rules governing the

18  manner and form of refund applications and may establish

19  guidelines as to the requisites for an affirmative showing of

20  qualification for exemption under this paragraph.

21         7.  The department shall deduct an amount equal to 10

22  percent of each refund granted under the provisions of this

23  paragraph from the amount transferred into the Local

24  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

25  s. 212.20 for the county area in which the rehabilitated real

26  property is located and shall transfer that amount to the

27  General Revenue Fund.

28         8.  For the purposes of the exemption provided in this

29  paragraph:

30         a.  "Building materials" means tangible personal

31  property which becomes a component part of improvements to

                                  27

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  real property.

  2         b.  "Real property" has the same meaning as provided in

  3  s. 192.001(12).

  4         c.  "Rehabilitation of real property" means the

  5  reconstruction, renovation, restoration, rehabilitation,

  6  construction, or expansion of improvements to real property.

  7         d.  "Substantially completed" has the same meaning as

  8  provided in s. 192.042(1).

  9         9.  The provisions of this paragraph shall expire and

10  be void on December 31, 2005.

11         Section 27.  Paragraph (a) of subsection (2) of section

12  252.924, Florida Statutes, is amended to read:

13         252.924  Party state responsibilities.--

14         (2)  The authorized representative of a party state may

15  request assistance of another party state by contacting the

16  authorizing representative of that state.  The provisions of

17  this agreement shall only apply to requests for assistance

18  made by and to authorized representatives.  Requests may be

19  verbal or in writing. If verbal, the request shall be

20  confirmed in writing within 90 days of the verbal request.

21  Requests shall provide the following information:

22         (a)  A description of the emergency service function

23  for which assistance is needed, such as, but not limited to,

24  fire services, law enforcement, emergency medical,

25  transportation, communications, public works and engineering,

26  building code inspection, planning and information assistance,

27  mass care, resource support, health and medical services, and

28  search and rescue.

29         Section 28.  Paragraph (j) of subsection (3) of section

30  404.056, Florida Statutes, is amended to read:

31         404.056  Environmental radiation standards and

                                  28

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  programs; radon protection.--

  2         (3)  CERTIFICATION.--

  3         (j)  The department may set criteria and requirements

  4  for the application, certification, and annual renewal of

  5  certification for radon measurement and mitigation businesses,

  6  which may include:

  7         1.  Requirements for measurement devices and

  8  measurement procedures, including the disclosure of mitigation

  9  materials, systems, and other mitigation services offered.

10         2.  The identification of certified specialists and

11  technicians employed by the business and requirements for

12  specialist staffing and duties.

13         3.  The analysis of measurement devices by proficient

14  analytical service providers.

15         4.  Requirements for a quality assurance and quality

16  control program.

17         5.  The disclosure of client measurement reporting

18  forms and warranties and operating instructions for mitigation

19  systems.

20         6.  Requirements for radon services publications and

21  the identification of the radon business certification number

22  in advertisements.

23         7.  Requirements for a worker health and safety

24  program.

25         8.  Requirements for maintaining radon records.

26         9.  The operation of branch office locations.

27         10.  Requirements for supervising subcontractors who

28  install mitigation systems.

29         11.  Requirements for building code inspections and

30  evaluation and standards for the design and installation of

31  mitigation systems.

                                  29

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         12.  Prescribing conditions of mitigation measurements.

  2         Section 29.  Section 471.045, Florida Statutes, is

  3  amended to read:

  4         471.045  Professional engineers performing building

  5  code inspector duties.--Notwithstanding any other provision of

  6  law, a person who is currently licensed under this chapter to

  7  practice as a professional engineer may provide building code

  8  inspection services described in s. 468.603(6) and (7) to a

  9  local government or state agency upon its request, without

10  being certified by the Florida Building Code Administrators

11  and Inspectors Board under part XII of chapter 468. When

12  performing these building code inspection services, the

13  professional engineer is subject to the disciplinary

14  guidelines of this chapter and s. 468.621(1)(c)-(h). Any

15  complaint processing, investigation, and discipline that arise

16  out of a professional engineer's performing building code

17  inspection services shall be conducted by the Board of

18  Professional Engineers rather than the Florida Building Code

19  Administrators and Inspectors Board. A professional engineer

20  may not perform plans review as an employee of a local

21  government upon any job that the professional engineer or the

22  professional engineer's company designed.

23         Section 30.  Section 481.222, Florida Statutes, is

24  amended to read:

25         481.222  Architects performing building code inspector

26  duties.--Notwithstanding any other provision of law, a person

27  who is currently licensed to practice as an architect under

28  this part may provide building code inspection services

29  described in s. 468.603(6) and (7) to a local government or

30  state agency upon its request, without being certified by the

31  Florida Building Code Administrators and Inspectors Board

                                  30

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  under part XII of chapter 468. With respect to the performance

  2  of such building code inspection services, the architect is

  3  subject to the disciplinary guidelines of this part and s.

  4  468.621(1)(c)-(h). Any complaint processing, investigation,

  5  and discipline that arise out of an architect's performance of

  6  building code inspection services shall be conducted by the

  7  Board of Architecture and Interior Design rather than the

  8  Florida Building Code Administrators and Inspectors Board. An

  9  architect may not perform plans review as an employee of a

10  local government upon any job that the architect or the

11  architect's company designed.

12         Section 31.  Paragraph (b) of subsection (18) of

13  section 489.103, Florida Statutes, is amended to read:

14         489.103  Exemptions.--This part does not apply to:

15         (18)  Any one-family, two-family, or three-family

16  residence constructed by Habitat for Humanity International,

17  Inc., or its local affiliates.  Habitat for Humanity

18  International, Inc., or its local affiliates, must:

19         (b)  Obtain all required building code inspections.

20         Section 32.  Section 725.06, Florida Statutes, is

21  amended to read:

22         725.06  Construction contracts; limitation on

23  indemnification.

24         (1)  A construction contract may require a party to

25  that contract to indemnify and hold harmless the other party

26  to the contract, their officers and employees, from

27  liabilities, damages, losses and costs, including, but not

28  limited to reasonable attorney's fees, to the extent caused by

29  the negligence, recklessness or intentional wrongful

30  misconduct of the indemnifying party and persons employed or

31  utilized by the indemnifying party in the performance of the

                                  31

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  construction contract.

  2         (2)  Except as specifically provided in subsection (1),

  3  a construction contract may not require one party to indemnify

  4  the other party, its employees, officers, directors, or agents

  5  from any liability, damage, loss, claim, action, or

  6  proceeding, and any such contract provision is void as against

  7  public policy of this state.

  8         Any portion of any agreement or contract for, or in

  9  connection with, any construction, alteration, repair, or

10  demolition of a building, structure, appurtenance, or

11  appliance, including moving and excavating connected with it,

12  or any guarantee of, or in connection with, any of them,

13  between an owner of real property and an architect, engineer,

14  general contractor, subcontractor, sub-subcontractor, or

15  materialman, or between any combination thereof, wherein any

16  party referred to herein obtains indemnification from

17  liability for damages to persons or property caused in whole

18  or in part by any act, omission, or default of that party

19  arising from the contract or its performance shall be void and

20  unenforceable unless:

21         (1)  The contract contains a monetary limitation on the

22  extent of the indemnification and shall be a part of the

23  project specifications or bid documents, if any, or

24         (2)  The person indemnified by the contract gives a

25  specific consideration to the indemnitor for the

26  indemnification that shall be provided for in his or her

27  contract and section of the project specifications or bid

28  documents, if any.

29         Section 33.  Subsections (1) and (3) of section

30  471.025, Florida Statutes, are amended to read:

31         471.025  Seals.--

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  to be used by registrants holding valid certificates of

  3  registration.  Each registrant shall obtain an impression-type

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

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

  6  282.70-282.75.  All final drawings, specifications, plans,

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

  8  being filed for public record and all final bid documents

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

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

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

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

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

14  documents prepared or issued by a registrant may be

15  transmitted electronically and may be signed by the

16  registrant, dated, and stamped electronically with said seal

17  in accordance with ss. 282.70-282.75.

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

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

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

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

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

23  therein.

24         Section 34.  Paragraphs (j), (k), and (l) of subsection

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  building or structure, including related improvements to real

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

  4  scope is substantially similar to the job scope described in

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

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

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

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

  9  in height, other than buildings or residences over three

10  stories tall; and buildings or residences over three stories

11  tall. Contractors are subdivided into two divisions, Division

12  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

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

20  including the installation, repair, or replacement of existing

21  equipment, any cleaning or equipment sanitizing which requires

22  at least a partial disassembling, excluding filter changes,

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

24  finishes, the installation of package pool heaters, the

25  installation of all perimeter piping and filter piping, and

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

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

28  layout, excavation, operation of construction pumps for

29  dewatering purposes, steelwork, installation of light niches,

30  construction of floors, guniting, fiberglassing, installation

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  piping, installation of all filter equipment and chemical

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

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

  4  equipment, and installation of package pool heaters and also

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

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

  7  direct connections to a sanitary sewer system or to potable

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

  9  replacement of equipment permanently attached to and

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

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

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

13  treatment or cleaning shall not require licensure unless the

14  usage involves construction, modification, or replacement of

15  such equipment.  Water treatment that does not require such

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

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

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

19  pool or spa or its associated equipment.

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

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

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

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

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

25  replacement of existing equipment, any cleaning or equipment

26  sanitizing which requires at least a partial disassembling,

27  excluding filter changes, and or the installation of new

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

29  package pool heaters, the installation of all perimeter piping

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

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  such work includes layout, excavation, operation of

  2  construction pumps for dewatering purposes, steelwork,

  3  installation of light niches, construction of floors,

  4  guniting, fiberglassing, installation of tile and coping,

  5  installation of all perimeter and filter piping, installation

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

  7  plastering of the interior, construction of decks,

  8  installation of housing for pool equipment, and installation

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

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

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

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

13  construction, modification, or replacement of equipment

14  permanently attached to and associated with the pool or spa

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

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

17  for the purposes of water treatment or cleaning shall not

18  require licensure unless the usage involves construction,

19  modification, or replacement of such equipment.  Water

20  treatment that does not require such equipment does not

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

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

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

24  its associated equipment.

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

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

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

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

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

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

31  replacement and repair of existing equipment, any cleaning or

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  equipment sanitizing which requires at least a partial

  2  disassembling, excluding filter changes, and the or

  3  installation of new pool/spa additional equipment, interior

  4  refinishing, the reinstallation or addition of pool heaters,

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

  6  reinstallation of tile and coping, repair or and replacement

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

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

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

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

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

12  sanitary sewer system or to potable water lines filter

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

14  reconstruction of decks, and reinstallation or addition of

15  pool heaters. The installation, construction, modification,

16  substantial or complete disassembly, or replacement of

17  equipment permanently attached to and associated with the pool

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

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

20  equipment for the purposes of water treatment or cleaning

21  shall not require licensure unless the usage involves

22  construction, modification, substantial or complete

23  disassembly, or replacement of such equipment. Water treatment

24  that does not require such equipment does not require a

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

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

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

28  equipment.

29         Section 35.  Section 489.118, Florida Statutes, is

30  amended to read:

31         489.118  Certification of registered contractors;

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  completed application and appropriate fee, issue a certificate

  3  in the appropriate category to any contractor registered under

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

  5  he or she meets each of the following requirements:

  6         (1)  Currently holds a valid registered local license

  7  in one of the contractor categories defined in s.

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

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

10  examination that the board finds to be substantially similar

11  to the examination required to be licensed as a certified

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

13  written, proctored examination such as that produced by the

14  National Assessment Institute, Block and Associates, or

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

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

17  substantially similar to the examination required to be

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

19  or make any requirements regarding the nature or content of

20  these cited examinations.

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

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

23  administrator with oversight over that category, at the time

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

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

26  probation shall count toward the 5 years required by this

27  subsection.

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

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

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

31  excess of $500 within the last 5 years.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  responsibility requirements in s. 489.115(5).

  3

  4  Applicants wishing to obtain a certificate pursuant to this

  5  section must make application by November 1, 2004.

  6         Section 36.  Section 489.128, Florida Statutes, is

  7  amended to read:

  8         489.128  Contracts performed by unlicensed contractors

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

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

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

12  maintain a license in accordance with this part shall be

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

14  contractor obtains or reinstates his or her license, the

15  provisions of this section shall no longer apply.

16         Section 37.  Subsections (12) and (15) of section

17  489.503, Florida Statutes, are amended to read:

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

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

20  527 while engaged in work regulated under that chapter.

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

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

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

24  authorized person who:

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

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

27  Health Care Administration;

28         (b)  Performs services for the Department of Elderly

29  Affairs;

30         (c)  Performs services for the Department of Children

31  and Family Services under chapter 410; or

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  or distributor for the producer of the personal emergency

  3  response system being monitored.

  4         Section 38.  Subsection (26) of section 489.505,

  5  Florida Statutes, is amended to read:

  6         489.505  Definitions.--As used in this part:

  7         (26)  "Personal emergency response system" means any

  8  device which is simply plugged into a telephone jack or

  9  electrical receptacle and which is designed to initiate a

10  telephone call to a person who responds to, or has a

11  responsibility to determine the proper response to, personal

12  emergencies, but does not include hard-wired or wireless alarm

13  systems designed to detect intrusion or fire.

14         Section 39.  Section 489.507, Florida Statutes, is

15  amended to read:

16         489.507  Electrical Contractors' Licensing Board.--

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

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

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

20  2 of whom shall be consumer members who are not, and have

21  never been, electrical contractors or members of any closely

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

23  certified alarm system contractors I. Members shall be

24  appointed for 4-year terms.

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

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

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

28  appointed, be actively engaged in the construction business,

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

30  consecutive years before the date of appointment.  Each

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

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

  3  part.

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

  5  promulgate no rules and take no action to require that

  6  applicants for certification as alarm system contractors serve

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

  8  certification examination.

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

10  modified to remove proposed committee objections of the

11  Administrative Procedures Committee must receive approval from

12  the department prior to filing the rule with the Department of

13  State for final adoption. The department may repeal any rule

14  enacted by the board which has taken effect without having met

15  proposed committee objections of the Administrative Procedures

16  Committee.

17         (6)(5)  The Electrical Contractors' Licensing Board and

18  the Construction Industry Licensing Board shall each appoint a

19  committee to meet jointly at least twice a year.

20         Section 40.  Section 489.514, Florida Statutes, is

21  amended to read:

22         489.514  Certification for registered contractors;

23  grandfathering provisions.--

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

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

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

27  appropriate category to

28         (a)  To an applying registered electrical contractor a

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

30  489.505(12); or

31         (b)  To an applying registered alarm system contractor

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  a certificate in the matching alarm system contractor

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

  3         (c)  To an applying registered electrical speciality

  4  contractor a certificate in the matching electrical speciality

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

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

  7  makes application under this section to the board shall and

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

  9  requirements for certification:

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

11  license in the category of electrical contractor, or alarm

12  system contractor, or electrical speciality contractor.

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

14  proctored examination that the board finds to be substantially

15  similar to the examination required to be licensed as a

16  certified contractor under this part. For purposes of this

17  subsection, a written, proctored examination such as that

18  produced by the National Assessment Institute, Block and

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

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

21  considered to be substantially similar to the examination

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

23  may not impose or make any requirements regarding the nature

24  or content of these cited examinations.

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

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

27  building administrator with oversight over that category, at

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

29  which the contractor license is active and the contractor is

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

31  this subsection.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  revoked at anytime, 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)(5)  Is in compliance with the insurance and

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

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

  8  2004, to be licensed pursuant to this section.

  9         Section 41.  Paragraph (e) is added to subsection (2)

10  of section 489.5185, Florida Statutes, to read:

11         489.5185  Fire alarm system agents.--

12         (2)

13         (e)  Persons who perform only monitoring are not

14  required to complete the training required for fire alarm

15  system agents.

16         Section 42.  Subsection (1) of section 489.522, Florida

17  Statutes, is amended to read:

18         489.522  Qualifying agents; responsibilities.--

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

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

21  this section.  All primary qualifying agents for a business

22  organization are jointly and equally responsible for

23  supervision of all operations of the business organization;

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

25  both for the organization in general and for each specific

26  job.

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

28  business, the qualifying agent must transfer the license to

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

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

31  after termination of the qualifying status with the business.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         Section 43.  Subsection (5) of section 489.531, Florida

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

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

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

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

  6         489.531  Prohibitions; penalties.--

  7         (1)  A person may not:

  8         (a)  Practice contracting unless the person is

  9  certified or registered;

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

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

12  advertise himself or herself or a business organization as

13  available to practice electrical or alarm system contracting,

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

15  certification or registration issued pursuant to this part;

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

17  registration of another;

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

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

20  inactive or delinquent status;

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

22  to practice contracting;

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

24  department, the board, or a member thereof;

25         (g)  Operate a business organization engaged in

26  contracting after 60 days following the termination of its

27  only qualifying agent without designating another primary

28  qualifying agent;

29         (h)  Conceal information relative to violations of this

30  part;

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  the building permit being in effect; or

  3         (j)  Willfully or deliberately disregard or violate any

  4  municipal or county ordinance relating to uncertified or

  5  unregistered contractors.

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

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

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

  9  775.083.

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

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

12  such violation commits a felony of the third degree,

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

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

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

16  declared by executive order of the Governor commits a felony

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

18  s. 775.083.

19

20  The remedies set forth in this subsection are not exclusive

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

22  489.533(2).

23         (6)(5)(a)  The local governing body of a county or

24  municipality, or its local enforcement body, is authorized to

25  enforce the provisions of this part as well as its local

26  ordinances against locally licensed or registered contractors,

27  as appropriate.  The local jurisdiction enforcement body may

28  conduct disciplinary proceedings against a locally licensed or

29  registered contractor and may require restitution or impose a

30  suspension or revocation of the local license or a fine not to

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1  licensed or registered contractor, according to ordinances

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

  3  jurisdiction may assess reasonable investigative and legal

  4  costs for the prosecution of the violation against the

  5  registered contractor violator, according to such ordinances

  6  as the local jurisdiction may enact.

  7         (b)  In addition to any action the local jurisdiction

  8  enforcement body may take against the individual's local

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

10  local jurisdiction enforcement body shall issue a recommended

11  penalty for board action.  This recommended penalty may

12  include a recommendation for no further action or a

13  recommendation for suspension, revocation, or restriction of

14  the registration or imposition of a fine to be levied by the

15  board, or a combination thereof.  The local jurisdiction

16  enforcement body shall inform the disciplined registered

17  contractor and the complainant of the local license penalty

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

19  and the consequences should the registered contractor decide

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

21  upon having reached adjudication or having accepted a plea of

22  nolo contendere, immediately inform the board of its action

23  and the recommended board penalty.

24         (c)  The department, the disciplined registered

25  contractor, or the complainant may challenge the local

26  jurisdiction enforcement body's recommended penalty for board

27  action to the Electrical Contractors' Licensing Board. A

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

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

30  a presumptive finding of probable cause and the case may

31  proceed without the need for a probable cause hearing.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         (d)  Failure of the department, the disciplined

  2  registered contractor, or the complainant to challenge the

  3  local jurisdiction's recommended penalty within the time

  4  period set forth in this subsection shall constitute a waiver

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

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

  7  admission of the violation, and the penalty recommended shall

  8  become a final order according to procedures developed by

  9  board rule without further board action. The disciplined

10  registered contractor may appeal this board action to the

11  district court.

12         (e)  The department may investigate any complaint which

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

14  determines that the complaint against a registered contractor

15  is for an action which a local jurisdiction enforcement body

16  has investigated and reached adjudication or accepted a plea

17  of nolo contendere, including a recommended penalty to the

18  board, the department shall not initiate prosecution for that

19  action, unless the secretary has initiated summary procedures

20  pursuant to s. 455.225(8).

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

22  allow local jurisdictions to exercise disciplinary authority

23  over certified contractors.

24         Section 44.  Section 489.532, Florida Statutes, is

25  amended to read:

26         489.532  Contracts performed by unlicensed contractors

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

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

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

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

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

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





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

  2  event the contractor obtains or reinstates the license the

  3  provisions of this section shall no longer apply.

  4         Section 45.  Subsections (14) through (26) of section

  5  633.021, Florida Statutes, are renumbered as subsections (15)

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

  7  section, to read:

  8         633.021  Definitions.--As used in this chapter:

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

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

11  of pipe, hanger locations, and hydraulic calculations in

12  accordance with the design concepts established through the

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

14         Section 46.  Subsection (8) of section 489.537, Florida

15  Statutes, is repealed.

16         Section 47.  Subsections (21), (22), and (23) of

17  section 489.505, Florida Statutes, are amended to read:

18         489.505  Definitions.--As used in this part:

19         (21)  "Registered alarm system contractor I" means an

20  alarm system contractor whose business includes all types of

21  alarm systems for all purposes and who is registered with the

22  department pursuant to s. 489.513 or s. 489.537(8). A

23  registered alarm system contractor I may contract only in the

24  jurisdictions for which his or her registration is issued.

25         (22)  "Registered alarm system contractor II" means an

26  alarm system contractor whose business includes all types of

27  alarm systems, other than fire, for all purposes and who is

28  registered with the department pursuant to s. 489.513 or s.

29  489.537(8). A registered alarm system contractor II may

30  contract only in the jurisdiction for which his or her

31  registration is issued.

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         (23)  "Registered residential alarm system contractor"

  2  means an alarm system contractor whose business is limited to

  3  burglar alarm systems in single-family residential, quadruplex

  4  housing, and mobile homes of a residential occupancy class and

  5  who is registered with the department pursuant to s. 489.513

  6  or s. 489.537(8). The board shall define "residential

  7  occupancy class" by rule. A registered residential alarm

  8  system contractor may contract only in the jurisdiction for

  9  which his or her registration is issued.

10         Section 48.  Subsection (2) of section 489.515, Florida

11  Statutes, is amended to read:

12         489.515  Issuance of certificates; registrations.--

13         (2)  The department shall issue a registration to a

14  person who is in compliance with the provisions of s. 489.513

15  or s. 489.537(8) and who the board certifies is qualified to

16  be registered.

17         Section 49.  Except as otherwise provided herein, this

18  act shall take effect July 1, 2000.

19

20

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

22  And the title is amended as follows:

23         On page 1, line 2, through page 2, line 10,

24  remove from the title of the bill:  all of said lines

25

26  and insert in lieu thereof:

27         An act relating to regulation of nonmedical

28         professions; amending s. 471.038, F.S., the

29         "Florida Engineers Management Corporation Act";

30         providing purpose; providing for per diem and

31         travel expenses for the board of directors and

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    dhs-21                                  Bill No. CS for SB 220

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  1         staff of the management corporation; providing

  2         for termination of initial appointments and for

  3         new appointments to the board of directors;

  4         revising powers and duties of the management

  5         corporation; providing additional requirements

  6         of the contract between the management

  7         corporation and the Department of Business and

  8         Professional Regulation; changing the

  9         submission date of the management corporation's

10         annual status report; specifying that meetings

11         of the board of directors are open to the

12         public as provided by law; providing for

13         maintenance of board records by the management

14         corporation; providing rulemaking authority to

15         the board to ensure the security of

16         examinations; eliminating a provision requiring

17         the Office of Program Policy Analysis and

18         Government Accountability to conduct

19         performance audits at the request of the Joint

20         Legislative Auditing Committee; abrogating the

21         repeal of s. 471.038, F.S., the "Florida

22         Engineers Management Corporation Act,"

23         notwithstanding s. 5, ch. 97-312, Laws of

24         Florida; amending s. 471.005, F.S.; providing

25         definitions; revising cross-references;

26         amending s. 471.0035, F.S.; conforming

27         cross-references; amending ss. 471.011,

28         471.015, 471.017, 471.021, 471.023, 471.033,

29         F.S.; transferring to the management

30         corporation duties of the department relating

31         to issuance, reissuance, and renewal of

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         licenses, certifications, and temporary

  2         registrations and to purchase of the licensure

  3         examination; revising cross-references;

  4         requiring the Office of Program Policy Analysis

  5         and Government Accountability, in consultation

  6         with the Legislative Committee on

  7         Intergovernmental Relations, to conduct a study

  8         of construction retainage methods; specifying

  9         areas to be examined; requiring study

10         conclusions and recommendations; amending s.

11         399.13, F.S.; correcting a reference with

12         regard to the inspection code; amending s.

13         468.603, F.S.; redefining "building code

14         inspector" and "categories of building

15         inspectors" and defining "building code

16         enforcement official"; revising intent with

17         respect to the examination required for

18         certification as a building code administrator,

19         plans examiner, or building code inspector;

20         increasing the validity period of a provisional

21         certificate; clarifying to whom a provisional

22         certificate may be issued; authorizing newly

23         employed or hired persons applying for

24         provisional certification to perform for a

25         specified period the duties of a plans examiner

26         or building code inspector under the direct

27         supervision of a building code administrator

28         holding limited or provisional certification in

29         counties with populations below a specified

30         level and the municipalities therein; deleting

31         obsolete standard certificate equivalency

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         provisions; providing for consistency in

  2         terminology; creating s. 468.619, F.S.;

  3         establishing special disciplinary procedures

  4         for building code enforcement officials;

  5         amending ss. 112.3145, 125.56, 212.08, 252.924,

  6         404.056, 468.603, 468.604, 468.605, 468.607,

  7         468.617, 468.621, 468.627, 468.631, 468.633,

  8         471.045, 481.222, and 489.103, F.S.; providing

  9         for consistency in terminology; amending s.

10         725.06, F.S.; providing for indemnification in

11         construction contracts and voiding all others

12         as being against public policy; amending s.

13         471.025, F.S.; adding a circumstance under

14         which engineering documents must be sealed;

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

16         of work of commercial and residential pool/spa

17         contractors and swimming pool/spa servicing

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

19         limiting the time period during which

20         registered applicants must apply to receive

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

22         eliminating an exemption from a provision

23         invalidating contracts with unlicensed

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

25         revising exemptions from regulation under pt.

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

27         alarm system contracting; amending s. 489.505,

28         F.S.; revising the definition of "personal

29         emergency response system"; amending s.

30         489.507, F.S.; limiting the rule making

31         authority of the Electrical Contractors

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                                                   HOUSE AMENDMENT

    dhs-21                                  Bill No. CS for SB 220

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





  1         Licensing Board; amending s. 489.514, F.S.;

  2         revising grandfathering provisions for

  3         certification of registered electrical and

  4         alarm system contractors; amending s. 489.5185,

  5         F.S.; providing that persons who perform only

  6         monitoring are not required to complete the

  7         training required for fire alarm system agents;

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

  9         requirements when a qualifying agent ceases to

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

11         providing penalties for violations by

12         unlicensed persons of acts prohibited under pt.

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

14         alarm system contracting; amending s. 489.532,

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

16         invalidating contracts with unlicensed

17         contractors; amending s. 633.021, F.S.; adding

18         a definition of "layout"; repealing s.

19         489.537(8), F.S., relating to obsolete

20         provisions for the registration of alarm system

21         contractors; amending ss. 489.505, 489.515,

22         F.S.; deleting cross references, to conform;

23         providing effective dates.

24

25

26

27

28

29

30

31

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