Senate Bill 0220er

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  1

  2         An act relating to regulation of nonmedical

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

  4         "Florida Engineers Management Corporation Act";

  5         providing purpose; providing for per diem and

  6         travel expenses for the board of directors and

  7         staff of the management corporation; providing

  8         for termination of initial appointments and for

  9         new appointments to the board of directors;

10         revising powers and duties of the management

11         corporation; providing additional requirements

12         of the contract between the management

13         corporation and the Department of Business and

14         Professional Regulation; changing the

15         submission date of the management corporation's

16         annual status report; specifying that meetings

17         of the board of directors are open to the

18         public as provided by law; providing for

19         maintenance of board records by the management

20         corporation; providing rulemaking authority to

21         the board to ensure the security of

22         examinations; eliminating a provision requiring

23         the Office of Program Policy Analysis and

24         Government Accountability to conduct

25         performance audits at the request of the Joint

26         Legislative Auditing Committee; abrogating the

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

28         Engineers Management Corporation Act,"

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

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

31         definitions; revising cross-references;


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

  2         cross-references; amending ss. 471.011,

  3         471.015, 471.017, 471.021, 471.023, 471.033,

  4         F.S.; transferring to the management

  5         corporation duties of the department relating

  6         to issuance, reissuance, and renewal of

  7         licenses, certifications, and temporary

  8         registrations and to purchase of the licensure

  9         examination; revising cross-references;

10         requiring the Office of Program Policy Analysis

11         and Government Accountability, in consultation

12         with the Legislative Committee on

13         Intergovernmental Relations, to conduct a study

14         of construction retainage methods; specifying

15         areas to be examined; requiring study

16         conclusions and recommendations; amending s.

17         468.603, F.S.; redefining "building code

18         inspector" and "categories of building

19         inspectors" and defining "building code

20         enforcement official"; revising intent with

21         respect to the examination required for

22         certification as a building code administrator,

23         plans examiner, or building code inspector;

24         increasing the validity period of a provisional

25         certificate; clarifying to whom a provisional

26         certificate may be issued; authorizing newly

27         employed or hired persons applying for

28         provisional certification to perform for a

29         specified period the duties of a plans examiner

30         or building code inspector under the direct

31         supervision of a building code administrator


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  1         holding limited or provisional certification in

  2         counties with populations below a specified

  3         level and the municipalities therein; deleting

  4         obsolete standard certificate equivalency

  5         provisions; providing for consistency in

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

  7         establishing special disciplinary procedures

  8         for building code enforcement officials;

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

10         404.056, 468.603, 468.604, 468.605, 468.607,

11         468.617, 468.621, 468.627, 468.631, 468.633,

12         471.045, 481.222, and 489.103, F.S.; providing

13         for consistency in terminology; amending s.

14         725.06, F.S.; providing for indemnification in

15         construction contracts and voiding all others

16         as being against public policy; amending s.

17         471.025, F.S.; adding a circumstance under

18         which engineering documents must be sealed;

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

20         of work of commercial and residential pool/spa

21         contractors and swimming pool/spa servicing

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

23         limiting the time period during which

24         registered applicants must apply to receive

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

26         eliminating an exemption from a provision

27         invalidating contracts with unlicensed

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

29         revising exemptions from regulation under pt.

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

31         alarm system contracting; amending s. 489.505,


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

  2         emergency response system"; amending s.

  3         489.507, F.S.; limiting the rule making

  4         authority of the Electrical Contractors

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

  6         revising grandfathering provisions for

  7         certification of registered electrical and

  8         alarm system contractors; amending s. 489.5185,

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

10         monitoring are not required to complete the

11         training required for fire alarm system agents;

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

13         requirements when a qualifying agent ceases to

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

15         providing penalties for violations by

16         unlicensed persons of acts prohibited under pt.

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

18         alarm system contracting; amending s. 489.532,

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

20         invalidating contracts with unlicensed

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

22         a definition of "layout"; repealing s.

23         489.537(8), F.S., relating to obsolete

24         provisions for the registration of alarm system

25         contractors; amending ss. 489.505, 489.515,

26         F.S.; deleting cross-references, to conform;

27         providing effective dates.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31


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  1         Section 1.  Section 471.038, Florida Statutes, is

  2  amended to read:

  3         471.038  Florida Engineers Management Corporation.--

  4         (1)  This section may be cited as the "Florida

  5  Engineers Management Corporation Act."

  6         (2)  As used in this section, the term:

  7         (a)  "Board" means the Board of Professional Engineers.

  8         (b)  "Board of directors" means the board of directors

  9  of the Florida Engineers Management Corporation.

10         (c)  "Corporation" means the Florida Engineers

11  Management Corporation.

12         (d)  "Department" means the Department of Business and

13  Professional Regulation.

14         (e)  "Secretary" means the Secretary of Business and

15  Professional Regulation.

16         (2)(3)(a)  It is the finding of the Legislature that

17  the privatization of certain functions that are performed by

18  the department for the board will encourage greater

19  operational and economic efficiency and, therefore, will

20  benefit regulated persons and the public.

21         (b)  The purpose of this section is to create a

22  public-private partnership by providing It is the intent of

23  the Legislature that a single nonprofit corporation be

24  established to provide administrative, investigative, and

25  prosecutorial services to the board and that no additional

26  nonprofit corporation be created for these purposes.

27         (c)  It is further the intent of the Legislature that

28  the corporation assume, by July 1, 1998, all duties assigned

29  to it.

30         (3)(4)  The Florida Engineers Management Corporation is

31  created to provide administrative, investigative, and


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  1  prosecutorial services to the board in accordance with the

  2  provisions of part I of chapter 455 and this chapter. The

  3  management corporation may hire staff as necessary to carry

  4  out its functions. Such staff are not public employees for the

  5  purposes of chapter 110 or chapter 112, except that the board

  6  of directors and the staff are subject to the provisions of s.

  7  112.061. The provisions of s. 768.28 apply to the management

  8  corporation, which is deemed to be a corporation primarily

  9  acting as an instrumentality of the state, but which is not an

10  agency within the meaning of s. 20.03(11). The management

11  corporation shall:

12         (a)  Be a Florida corporation not for profit,

13  incorporated under the provisions of chapter 617.

14         (b)  Provide administrative, investigative, and

15  prosecutorial services to the board in accordance with the

16  provisions of part I of chapter 455, and this chapter, and the

17  contract required by this section.

18         (c)  Receive, hold, and administer property and make

19  only prudent expenditures directly related to the

20  responsibilities for the benefit of the board, and in

21  accordance with the contract required by this section.

22         (d)  Be approved by the board and the department to

23  operate for the benefit of the board and in the best interest

24  of the state.

25         (e)  Operate under a fiscal year that begins on July 1

26  of each year and ends on June 30 of the following year.

27         (f)  Have a seven-member board of directors, five of

28  whom are to be appointed by the board and must be registrants

29  regulated by the board and two of whom are to be appointed by

30  the secretary and must be laypersons not regulated by the

31  board. All initial appointments shall expire on October 31,


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  1  2000. Current members may be appointed to one additional term

  2  that complies with the provisions of this paragraph. Two

  3  members shall be appointed for 2 years, three members shall be

  4  appointed for 3 years, and two members shall be appointed for

  5  4 years. One layperson shall be appointed to a 3-year term and

  6  one layperson shall be appointed to a 4-year term. Thereafter,

  7  all appointments shall be for 4-year terms. No new member

  8  shall serve more than two consecutive terms. Failure to attend

  9  three consecutive meetings shall be deemed a resignation from

10  the board, and the vacancy shall be filled by a new

11  appointment.

12         (g)  The corporation shall Select its officers in

13  accordance with its bylaws. The members of the board of

14  directors may be removed by the board, with the concurrence of

15  the department, for the same reasons that a board member may

16  be removed.

17         (h)  Use a portion of the interest derived from the

18  management corporation account to offset the costs associated

19  with the use of credit cards for payment of fees by applicants

20  or licensees.

21         (i)(g)  Operate under an annual a written contract with

22  the department which is approved by the board and renewed

23  annually. The initial contract must be entered into no later

24  than March 1, 1998. The contract must provide for, but is not

25  limited to:

26         1.  Approval of the articles of incorporation and

27  bylaws of the management corporation by the department and the

28  board.

29         2.  Submission by the management corporation of an

30  annual budget that complies with board rules for approval by

31  the board and the department.


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  1         3.  Annual certification by the board and the

  2  department that the management corporation is complying with

  3  the terms of the contract in a manner consistent with the

  4  goals and purposes of the board and in the best interest of

  5  the state. This certification must be reported in the board's

  6  minutes. The contract must also provide for methods and

  7  mechanisms to resolve any situation in which the certification

  8  process determines noncompliance.

  9         4.  Employment by the department of a contract

10  administrator to actively supervise the administrative,

11  investigative, and prosecutorial activities of the management

12  corporation to ensure compliance with the contract and the

13  provisions of part I of chapter 455 and this chapter and to

14  act as a liaison for the department, the board, and the

15  management corporation to ensure the effective operation of

16  the management corporation.

17         5.  Funding of the management corporation through

18  appropriations allocated to the regulation of professional

19  engineers from the Professional Regulation Trust Fund.

20         6.  The reversion to the board, or the state if the

21  board ceases to exist, of moneys, records, data, and property

22  held in trust by the management corporation for the benefit of

23  the board, if the management corporation is no longer approved

24  to operate for the board or the board ceases to exist. All

25  records and data in a computerized database shall be returned

26  to the department in a form that is compatible with the

27  computerized database of the department.

28         7.  The securing and maintaining by the management

29  corporation, during the term of the contract and for all acts

30  performed during the term of the contract, of all liability

31  insurance coverages in an amount to be approved by the


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  1  department to defend, indemnify, and hold harmless the

  2  management corporation and its officers and employees, the

  3  department and its employees, and the state against all claims

  4  arising from state and federal laws. Such insurance coverage

  5  must be with insurers qualified and doing business in the

  6  state. The management corporation must provide proof of

  7  insurance to the department. The department and its employees

  8  and the state are exempt from and are not liable for any sum

  9  of money which represents a deductible, which sums shall be

10  the sole responsibility of the management corporation.

11  Violation of this subparagraph shall be grounds for

12  terminating the contract.

13         8.  Payment by the management corporation, out of its

14  allocated budget, to the department of all costs of

15  representation by the board counsel, including salary and

16  benefits, travel, and any other compensation traditionally

17  paid by the department to other board counsels.

18         9.  Payment by the management corporation, out of its

19  allocated budget, to the department of all costs incurred by

20  the management corporation or the board for the Division of

21  Administrative Hearings of the Department of Management

22  Services and any other cost for utilization of these state

23  services.

24         10.  Payment by the management corporation, out of its

25  allocated budget, to the department of all costs associated

26  with the contract administrator of the department, including

27  salary and benefits, travel, and other related costs

28  traditionally paid to state employees.

29         (j)(h)  Provide for an annual financial and compliance

30  audit of its financial accounts and records by an independent

31  certified public accountant in accordance with generally


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  1  accepted auditing standards conjunction with the Auditor

  2  General. The annual audit report shall include a detailed

  3  supplemental schedule of expenditures for each expenditure

  4  category and a management letter. The annual audit report must

  5  be submitted to the board, and the department, and the Auditor

  6  General for review and approval. Copies of the audit must be

  7  submitted to the secretary and the Legislature together with

  8  any other information requested by the secretary, the board,

  9  or the Legislature. The Auditor General may, pursuant to his

10  or her own authority or at the direction of the Legislative

11  Auditing Committee, conduct an audit of the corporation.

12         (k)  Provide for persons charged with the

13  responsibility of receiving and depositing fee and fine

14  revenues to have a faithful performance bond in such an amount

15  and according to such terms as shall be determined in the

16  contract.

17         (l)(i)  Submit to the secretary, the board, and the

18  Legislature, on or before January 1 of each year, a report on

19  the status of the corporation which includes, but is not

20  limited to, information concerning the programs and funds that

21  have been transferred to the corporation. The report must

22  include: the number of license applications received; the

23  number approved and denied and the number of licenses issued;

24  the number of examinations administered and the number of

25  applicants who passed or failed the examination; the number of

26  complaints received; the number determined to be legally

27  sufficient; the number dismissed; the number determined to

28  have probable cause; the number of administrative complaints

29  issued and the status of the complaints; and the number and

30  nature of disciplinary actions taken by the board.

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  1         (m)  Develop, with the department, performance

  2  standards and measurable outcomes for the board to adopt by

  3  rule in order to facilitate efficient and cost-effective

  4  regulation.

  5         (4)(5)  The management corporation may not exercise any

  6  authority specifically assigned to the board under part I of

  7  chapter 455 or this chapter, including determining probable

  8  cause to pursue disciplinary action against a licensee, taking

  9  final action on license applications or in disciplinary cases,

10  or adopting administrative rules under chapter 120.

11         (5)(6)  The department shall retain the independent

12  authority to open, investigate, or prosecute any cases or

13  complaints, as necessary to protect the public health, safety,

14  or welfare. In addition, the department shall retain sole

15  authority to issue emergency suspension or restriction orders

16  pursuant to s. 120.60 and to prosecute unlicensed activity

17  cases pursuant to ss. 455.228 and 455.2281.

18         (6)(7)  Management corporation records are public

19  records subject to the provisions of s. 119.07(1) and s.

20  24(a), Art. I of the State Constitution; however, public

21  records exemptions set forth in ss. 455.217 and 455.229 for

22  records created or maintained by the department shall apply to

23  records created or maintained by the management corporation.

24  In addition, all meetings of the board of directors are open

25  to the public in accordance with s. 286.011 and s. 24(b), Art.

26  I of the State Constitution. The exemptions set forth in s.

27  455.225, relating to complaints and information obtained

28  pursuant to an investigation by the department, shall apply to

29  such records created or obtained by the management corporation

30  only until an investigation ceases to be active. For the

31  purposes of this subsection, an investigation is considered


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  1  active so long as the management corporation or any law

  2  enforcement or administrative agency is proceeding with

  3  reasonable dispatch and has a reasonable, good faith belief

  4  that it may lead to the filing of administrative, civil, or

  5  criminal proceedings. An investigation ceases to be active

  6  when the case is dismissed prior to a finding of probable

  7  cause and the board has not exercised its option to pursue the

  8  case or 10 days after the board makes a determination

  9  regarding probable cause. All information, records, and

10  transcriptions regarding a complaint that has been determined

11  to be legally sufficient to state a claim within the

12  jurisdiction of the board become available to the public when

13  the investigation ceases to be active, except information that

14  is otherwise confidential or exempt from s. 119.07(1).

15  However, in response to an inquiry about the licensure status

16  of an individual, the management corporation shall disclose

17  the existence of an active investigation if the nature of the

18  violation under investigation involves the potential for

19  substantial physical or financial harm to the public. The

20  board shall designate by rule those violations that involve

21  the potential for substantial physical or financial harm. The

22  department and the board shall have access to all records of

23  the management corporation, as necessary to exercise their

24  authority to approve and supervise the contract.

25         (7)  The management corporation is the sole source and

26  depository for the records of the board, including all

27  historical information and records. The management corporation

28  shall maintain those records in accordance with the guidelines

29  of the Department of State and shall not destroy any records

30  prior to the limits imposed by the Department of State.

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  1         (8)  The board shall provide by rule for the procedures

  2  the management corporation must follow to ensure that all

  3  licensure examinations are secure while under the

  4  responsibility of the management corporation and that there is

  5  an appropriate level of monitoring during the licensure

  6  examinations. The Office of Program Policy Analysis and

  7  Governmental Accountability within the Office of the Auditor

  8  General shall conduct a performance audit of the corporation

  9  for the period beginning January 1, 1998, through January 1,

10  2000, and thereafter at the request of the Joint Legislative

11  Auditing Committee.

12         Section 2.  Notwithstanding section 5 of chapter

13  97-312, Laws of Florida, section 471.038, Florida Statutes,

14  shall not stand repealed on October 1, 2000, as scheduled by

15  such law, but section 471.038, Florida Statutes, as amended by

16  this act, is revived and readopted.

17         Section 3.  Section 471.005, Florida Statutes, is

18  amended to read:

19         471.005  Definitions.--As used in this chapter ss.

20  471.001-471.037, the term:

21         (1)  "Board" means the Board of Professional Engineers.

22         (2)  "Board of directors" means the board of directors

23  of the Florida Engineers Management Corporation.

24         (3)(2)  "Certificate of authorization" means a license

25  to practice engineering issued by the management corporation

26  department to a corporation or partnership.

27         (4)(3)  "Department" means the Department of Business

28  and Professional Regulation.

29         (5)(4)  "Engineer" includes the terms "professional

30  engineer" and "registered engineer" and means a person who is

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  1  registered to engage in the practice of engineering under this

  2  chapter ss. 471.001-471.037.

  3         (6)(5)  "Engineer intern" means a person who has

  4  graduated from, or is in the final year of, an engineering

  5  curriculum approved by the board and has passed the

  6  fundamentals of engineering examination as provided by rules

  7  adopted by the board.

  8         (7)(6)  "Engineering" includes the term "professional

  9  engineering" and means any service or creative work, the

10  adequate performance of which requires engineering education,

11  training, and experience in the application of special

12  knowledge of the mathematical, physical, and engineering

13  sciences to such services or creative work as consultation,

14  investigation, evaluation, planning, and design of engineering

15  works and systems, planning the use of land and water,

16  teaching of the principles and methods of engineering design,

17  engineering surveys, and the inspection of construction for

18  the purpose of determining in general if the work is

19  proceeding in compliance with drawings and specifications, any

20  of which embraces such services or work, either public or

21  private, in connection with any utilities, structures,

22  buildings, machines, equipment, processes, work systems,

23  projects, and industrial or consumer products or equipment of

24  a mechanical, electrical, hydraulic, pneumatic, or thermal

25  nature, insofar as they involve safeguarding life, health, or

26  property; and includes such other professional services as may

27  be necessary to the planning, progress, and completion of any

28  engineering services.  A person who practices any branch of

29  engineering; who, by verbal claim, sign, advertisement,

30  letterhead, or card, or in any other way, represents himself

31  or herself to be an engineer or, through the use of some other


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  1  title, implies that he or she is an engineer or that he or she

  2  is registered under this chapter ss. 471.001-471.037; or who

  3  holds himself or herself out as able to perform, or does

  4  perform, any engineering service or work or any other service

  5  designated by the practitioner which is recognized as

  6  engineering shall be construed to practice or offer to

  7  practice engineering within the meaning and intent of this

  8  chapter ss. 471.001-471.037.

  9         (8)(7)  "License" means the registration of engineers

10  or certification of businesses to practice engineering in this

11  state.

12         (9)  "Management corporation" means the Florida

13  Engineers Management Corporation.

14         (10)  "Secretary" means the Secretary of Business and

15  Professional Regulation.

16         Section 4.  Section 471.0035, Florida Statutes, is

17  amended to read:

18         471.0035  Instructors in postsecondary educational

19  institutions; exemption from registration requirement.--For

20  the sole purpose of teaching the principles and methods of

21  engineering design, notwithstanding the provisions of s.

22  471.005(7)(6), a person employed by a public postsecondary

23  educational institution, or by an independent postsecondary

24  educational institution licensed or exempt from licensure

25  pursuant to the provisions of chapter 246, is not required to

26  register under the provisions of this chapter ss.

27  471.001-471.037 as a registered engineer.

28         Section 5.  Subsection (2) of section 471.011, Florida

29  Statutes, is amended to read:

30         471.011  Fees.--

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  1         (2)  The initial application and examination fee shall

  2  not exceed $125 plus the actual per applicant cost to the

  3  management corporation department to purchase the examination

  4  from the National Council of Examiners for Engineering and

  5  Surveying Engineering Examiners or a similar national

  6  organization.  The examination fee shall be in an amount which

  7  covers the cost of obtaining and administering the examination

  8  and shall be refunded if the applicant is found ineligible to

  9  sit for the examination. The application fee shall be

10  nonrefundable.

11         Section 6.  Subsections (1) and (4) of section 471.015,

12  Florida Statutes, are amended to read:

13         471.015  Licensure.--

14         (1)  The management corporation department shall issue

15  a license to any applicant who the board certifies is

16  qualified to practice engineering and who has passed the

17  licensing examination.

18         (4)  The management corporation department shall not

19  issue a license by endorsement to any applicant who is under

20  investigation in another state for any act that would

21  constitute a violation of this chapter ss. 471.001-471.037 or

22  of part I of chapter 455 until such time as the investigation

23  is complete and disciplinary proceedings have been terminated.

24         Section 7.  Subsection (1) of section 471.017, Florida

25  Statutes, is amended to read:

26         471.017  Renewal of license.--

27         (1)  The management corporation department shall renew

28  a license upon receipt of the renewal application and fee.

29         Section 8.  Subsections (1) and (2) of section 471.021,

30  Florida Statutes, are amended to read:

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  1         471.021  Engineers and firms of other states; temporary

  2  certificates to practice in Florida.--

  3         (1)  Upon approval of the board and payment of the fee

  4  set in s. 471.011, the management corporation department shall

  5  issue grant a temporary registration for work on one specified

  6  project in this state for a period not to exceed 1 year to an

  7  engineer holding a certificate to practice in another state,

  8  provided Florida registrants are similarly permitted to engage

  9  in work in such state and provided that the engineer be

10  qualified for licensure by endorsement.

11         (2)  Upon approval by the board and payment of the fee

12  set in s. 471.011, the management corporation department shall

13  issue grant a temporary certificate of authorization for work

14  on one specified project in this state for a period not to

15  exceed 1 year to an out-of-state corporation, partnership, or

16  firm, provided one of the principal officers of the

17  corporation, one of the partners of the partnership, or one of

18  the principals in the fictitiously named firm has obtained a

19  temporary certificate of registration in accordance with

20  subsection (1).

21         Section 9.  Subsection (1) of section 471.023, Florida

22  Statutes, is amended to read:

23         471.023  Certification of partnerships and

24  corporations.--

25         (1)  The practice of, or the offer to practice,

26  engineering by registrants through a corporation or

27  partnership offering engineering services to the public or by

28  a corporation or partnership offering said services to the

29  public through registrants under this chapter ss.

30  471.001-471.037 as agents, employees, officers, or partners is

31  permitted only if the firm possesses a certification issued by


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  1  the management corporation department pursuant to

  2  qualification by the board, subject to the provisions of this

  3  chapter ss. 471.001-471.037.  One or more of the principal

  4  officers of the corporation or one or more partners of the

  5  partnership and all personnel of the corporation or

  6  partnership who act in its behalf as engineers in this state

  7  shall be registered as provided by this chapter ss.

  8  471.001-471.037.  All final drawings, specifications, plans,

  9  reports, or documents involving practices registered under

10  this chapter ss. 471.001-471.037 which are prepared or

11  approved for the use of the corporation or partnership or for

12  public record within the state shall be dated and shall bear

13  the signature and seal of the registrant who prepared or

14  approved them. Nothing in this section shall be construed to

15  mean that a certificate of registration to practice

16  engineering shall be held by a corporation.  Nothing herein

17  prohibits corporations and partnerships from joining together

18  to offer engineering services to the public, provided each

19  corporation or partnership otherwise meets the requirements of

20  this section. No corporation or partnership shall be relieved

21  of responsibility for the conduct or acts of its agents,

22  employees, or officers by reason of its compliance with this

23  section, nor shall any individual practicing engineering be

24  relieved of responsibility for professional services performed

25  by reason of his or her employment or relationship with a

26  corporation or partnership.

27         Section 10.  Subsection (4) of section 471.033, Florida

28  Statutes, is amended to read:

29         471.033  Disciplinary proceedings.--

30         (4)  The management corporation department shall

31  reissue the license of a disciplined engineer or business upon


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  1  certification by the board that the disciplined person has

  2  complied with all of the terms and conditions set forth in the

  3  final order.

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

  5  the Office of Program Policy Analysis and Government

  6  Accountability (OPPAGA), in consultation with the Legislative

  7  Committee on Intergovernmental Relations, shall:

  8         (1)  Conduct a study of construction retainage methods

  9  for public and private construction within the state of

10  Florida.  OPPAGA shall examine all relevant information,

11  including, but not limited to the following:

12         (a)  Information from various state and local

13  governmental entities, public universities, and community

14  colleges within the state of Florida.

15         (b)  Information from the federal government and other

16  states who have addressed construction payment or retainage

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

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

19  private construction activity as the state of Florida.

20         (c)  Information from public and private owners,

21  general contractors, subcontractors, material suppliers,

22  construction managers, design-build professionals, architects,

23  and engineers.

24         (d)  Information from lenders and surety companies who

25  are involved in public and private construction.

26         (2)  Draw conclusions and make recommendations, as

27  appropriate, with regard to the following issues:

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

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

30  and whether any existing statutes will require modification or

31  repeal.


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

  2  systems of retainage being utilized throughout the state as

  3  applied to public sector and private sector construction

  4  contracts, and as between owners and contractors, between

  5  contractors and subcontractors, and between subcontractors and

  6  subcontractor.

  7         (c)  Whether the traditional 10 percent retainage

  8  practice in construction is equitable and whether there are

  9  viable alternatives to this practice.

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

11  to be held on all construction projects.

12         (e)  What the purposes of retainage are for

13  construction projects.

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

15  until the end of a construction project or whether periodic

16  release of retainage or release of retainage for specific

17  divisions of work on a construction project is appropriate and

18  reasonably manageable.

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

20  to insure that construction projects are progressing in a

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

22  management techniques, periodic inspections, services of

23  project architects and engineers, and whether those

24  protections are being adequately and properly utilized.

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

26  be adopted for owners, contractors, and subcontractors through

27  the utilization of construction payment and performance bonds.

28         (i)  Whether the documentation required for

29  construction projects contributes to delays in progress

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

31  such requirements could be simplified or standardized to


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

  2  Legislature to address this issue.

  3         (j)  Whether the Legislature should limit the

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

  5  construction projects.

  6         (k)  Whether the Legislature should provide for

  7  periodic release of retainage on public and private

  8  construction projects.

  9         (l)  Whether the Legislature should establish

10  requirements and time limits for owners and contractors to

11  release final payment and retainage on all construction

12  projects.

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

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

15  the House of Representatives, minority leaders of the Senate

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

17  Regulation & Consumer Affairs Committee and the Senate

18  Regulated Industries Committee by January 1, 2001.

19         Section 12.  Subsections (2) and (6) of section

20  468.603, Florida Statutes, are amended, and subsection (8) is

21  added to said section, to read:

22         468.603  Definitions.--As used in this part:

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

24  of those employees of local governments or state agencies with

25  building construction regulation responsibilities who

26  themselves conduct inspections of building construction,

27  erection, repair, addition, or alteration projects that

28  require permitting indicating compliance with building,

29  plumbing, mechanical, electrical, gas, fire prevention,

30  energy, accessibility, and other construction codes as

31  required by state law or municipal or county ordinance.


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

  2  the following:

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

  4  qualified to inspect and determine that buildings and

  5  structures are constructed in accordance with the provisions

  6  of the governing building codes and state accessibility laws.

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

  8  who is qualified to inspect and determine that buildings and

  9  structures are constructed to resist near-hurricane and

10  hurricane velocity winds in accordance with the provisions of

11  the governing building code.

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

13  who is qualified to inspect and determine the electrical

14  safety of commercial buildings and structures by inspecting

15  for compliance with the provisions of the National Electrical

16  Code.

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

18  who is qualified to inspect and determine the electrical

19  safety of one and two family dwellings and accessory

20  structures by inspecting for compliance with the applicable

21  provisions of the governing electrical code.

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

23  qualified to inspect and determine that the mechanical

24  installations and systems for buildings and structures are in

25  compliance with the provisions of the governing mechanical

26  code.

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

28  qualified to inspect and determine that the plumbing

29  installations and systems for buildings and structures are in

30  compliance with the provisions of the governing plumbing code.

31


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

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

  3  two family dwellings and accessory structures are constructed

  4  in accordance with the provisions of the governing building,

  5  plumbing, mechanical, accessibility, and electrical codes.

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

  7  qualified to inspect and determine the electrical safety of

  8  commercial and residential buildings and accessory structures

  9  by inspecting for compliance with the provisions of the

10  National Electrical Code.

11         (8)  "Building code enforcement official" or

12  "enforcement official" means a licensed building code

13  administrator, building code inspector, or plans examiner.

14         Section 13.  Section 468.604, Florida Statutes, is

15  amended to read:

16         468.604  Responsibilities of building code

17  administrators, plans examiners, and building code

18  inspectors.--

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

20  administrator or building official to administrate, supervise,

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

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

23  structures and the installation of building systems within the

24  boundaries of their governmental jurisdiction, when permitting

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

26  mechanical, electrical, gas fuel, energy conservation,

27  accessibility, and other construction codes which are required

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

29  The building code administrator or building official shall

30  faithfully perform these responsibilities without interference

31  from any person. These responsibilities include:


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  1         (a)  The review of construction plans to ensure

  2  compliance with all applicable codes. The construction plans

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

  4  installation, or other construction permit. The review of

  5  construction plans must be done by the building code

  6  administrator or building official or by a person having the

  7  appropriate plans examiner license issued under this chapter.

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

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

10  building code administrator or building official, or a person

11  having the appropriate building code inspector license issued

12  under this chapter, shall inspect the construction or

13  installation to ensure that the work is performed in

14  accordance with applicable codes.

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

16  inspector to conduct inspections of construction, alteration,

17  repair, remodeling, or demolition of structures and the

18  installation of building systems, when permitting is required,

19  to ensure compliance with building, plumbing, mechanical,

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

21  other construction codes required by municipal code, county

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

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

24  The building code inspector's responsibilities must be

25  performed under the direction of the building code

26  administrator or building official without interference from

27  any unlicensed person.

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

29  conduct review of construction plans submitted in the permit

30  application to assure compliance with all applicable codes

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


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

  2  code administrator or building official or by a person

  3  licensed in the appropriate plans examiner category as defined

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

  5  performed under the supervision and authority of the building

  6  code administrator or building official without interference

  7  from any unlicensed person.

  8         Section 14.  Paragraph (c) of subsection (2) of section

  9  468.605, Florida Statutes, is amended to read:

10         468.605  Florida Building Code Administrators and

11  Inspectors Board.--

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

13  follows:

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

15

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

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

18  state governmental agency.

19         Section 15.  Section 468.607, Florida Statutes, is

20  amended to read:

21         468.607  Certification of building code administration

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

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

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

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

26  may be employed by a state agency or local governmental

27  authority to perform the duties of a building code

28  administrator, plans examiner, or building code inspector

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

30  certificate issued in accordance with the provisions of this

31  part.


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  1         Section 16.  Section 468.609, Florida Statutes, is

  2  amended to read:

  3         468.609  Administration of this part; standards for

  4  certification; additional categories of certification.--

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

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

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

  8  certification examination.

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

10  for certification as a building code an inspector or plans

11  examiner pursuant to this part if the person:

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

13         (b)  Is of good moral character; and

14         (c)  Meets eligibility requirements according to one of

15  the following criteria:

16         1.  Demonstrates 5 years' combined experience in the

17  field of construction or a related field, building code

18  inspection, or plans review corresponding to the certification

19  category sought;

20         2.  Demonstrates a combination of postsecondary

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

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

23  total being experience in construction, building code

24  inspection, or plans review;

25         3.  Demonstrates a combination of technical education

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

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

28  experience in construction, building code inspection, or plans

29  review; or

30         4.  Currently holds a standard certificate as issued by

31  the board and satisfactorily completes a building code an


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  1  inspector or plans examiner training program of not less than

  2  200 hours in the certification category sought. The board

  3  shall establish by rule criteria for the development and

  4  implementation of the training programs.

  5         (d)  Demonstrates successful completion of the core

  6  curriculum and specialized or advanced module coursework

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

  8  Building Code Training Program established pursuant to s.

  9  553.841, appropriate to the licensing category sought or,

10  pursuant to authorization by the certifying authority,

11  provides proof of completion of such curriculum or coursework

12  within 6 months after such certification.

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

14  for certification as a building code administrator pursuant to

15  this part if the person:

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

17         (b)  Is of good moral character; and

18         (c)  Meets eligibility requirements according to one of

19  the following criteria:

20         1.  Demonstrates 10 years' combined experience as an

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

22  registered or certified contractor, or construction

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

24  supervisory positions; or

25         2.  Demonstrates a combination of postsecondary

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

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

28  an architect, engineer, plans examiner, building code

29  inspector, registered or certified contractor, or construction

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

31  such total being experience in supervisory positions.


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  1         (d)  Demonstrates successful completion of the core

  2  curriculum and specialized or advanced module coursework

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

  4  Building Code Training Program established pursuant to s.

  5  553.841, appropriate to the licensing category sought or,

  6  pursuant to authorization by the certifying authority,

  7  provides proof of completion of such curriculum or coursework

  8  within 6 months after such certification.

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

10  code administrator, plans examiner, or building code inspector

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

12  person possesses one of the following types of certificates,

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

14  qualifications to hold such position:

15         (a)  A standard certificate.

16         (b)  A limited certificate.

17         (c)  A provisional certificate.

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

19  must pass an examination approved by the board which

20  demonstrates that the applicant has fundamental knowledge of

21  the state laws and codes relating to the construction of

22  buildings for which the applicant has building code

23  administration, plans examination examining, or building code

24  inspection responsibilities.  It is the intent of the

25  Legislature that the examination approved for certification

26  pursuant to this part be substantially equivalent to the

27  examinations administered by the Southern Building Code

28  Congress International, the Building Officials Association of

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

30  and the Council of American Building Officials.

31


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

  2  applicant who successfully completes the examination, which

  3  certificate authorizes the individual named thereon to

  4  practice throughout the state as a building code

  5  administrator, plans examiner, or building code inspector

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

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

  8  passed an examination which is substantially equivalent to the

  9  board-approved examination set forth in this section.

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

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

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

13  condition of tenure or continued employment, but shall be

14  required to obtain a limited certificate as described in this

15  subsection.

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

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

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

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

20  employment, shall submit to the board the appropriate

21  application and certification fees and shall receive a limited

22  certificate qualifying them to engage in building code

23  administration, plans examination, or building code inspection

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

25  governmental jurisdiction in which such person is employed.

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

27  authorization for the building code administrator, plans

28  examiner, or building code inspector to continue in the

29  position held, and to continue performing all functions

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

31


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  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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  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


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

  2  other entities offering certification and training classes.

  3         (10)(11)  The board may by rule create categories of

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

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

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

  7  created by statute.

  8         Section 17.  Section 468.617, Florida Statutes, is

  9  amended to read:

10         468.617  Joint building code inspection department;

11  other arrangements.--

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

13  jurisdiction from entering into and carrying out contracts

14  with any other local jurisdiction under which the parties

15  agree to create and support a joint building code inspection

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

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

18  jurisdiction may designate a building code an inspector from

19  another local jurisdiction to serve as a building code an

20  inspector for the purposes of this part.

21         (2)  Nothing in this part shall prohibit local

22  governments from contracting with persons certified pursuant

23  to this part to perform building code inspections or plan

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

25  plans on projects in which the individual or entity designed

26  or permitted the projects.

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

28  municipal government from entering into any contract with any

29  person or entity for the provision of building code inspection

30  services regulated under this part, and notwithstanding any

31


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  1  other statutory provision, such county or municipal

  2  governments may enter into contracts.

  3         Section 18.  Section 468.619, Florida Statutes, is

  4  created to read:

  5         468.619  Building code enforcement officials' bill of

  6  rights.--

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

  8  code enforcement officials are employed by local jurisdictions

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

10  duties and are in that way similar to law enforcement

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

12  further finding of the Legislature that building code

13  enforcement officials are thereby sufficiently distinguishable

14  from other professionals regulated by the department so that

15  their circumstances merit additional specific protections in

16  the course of disciplinary investigations and proceedings

17  against their licenses.

18         (2)  All enforcement officials licensed under this part

19  shall have the rights and privileges specified in this

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

21  enforcement official does not forfeit any rights otherwise

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

23  conflict between a provision of this section and a provision

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

25  the provision of chapter 455.

26         (3)  Whenever an enforcement official is subjected to

27  an investigative interview for possible disciplinary action by

28  the department, such interview shall be conducted pursuant to

29  the requirements of this subsection.

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

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


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

  2  any other mutually agreeable location or time.

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

  4  interview without first receiving written notice of sufficient

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

  6  the nature of the investigation and of the substance of the

  7  allegations made. The enforcement official shall be informed

  8  prior to the interview whether the complaint originated from

  9  the department or from a consumer.

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

11  under investigation shall have the right to be represented by

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

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

14  wishes during the interview.

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

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

17  or reward offered to the enforcement official as an inducement

18  to answer any question.

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

20  interview of an enforcement official, including notation of

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

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

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

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

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

26  available to the enforcement official no later than 72 hours

27  following the interview, excluding holidays and weekends.  The

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

29  enforcement official.

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

31  must be furnished to the enforcement official for examination,


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

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

  3  substance that the enforcement official wants to make shall be

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

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

  6  Any transcript of an interview with an enforcement official

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

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

  9  enforcement official.

10         (4)  The investigation of a complaint against an

11  enforcement official is subject to the time restrictions set

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

13  restriction set forth in this subsection shall result in

14  dismissal of the complaint against the enforcement official.

15  An investigation of a complaint against an enforcement

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

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

18  However, in any instance of an additional complaint being

19  initiated, information or investigation related to the

20  dismissed complaint may be used.

21         (a)  The department must inform the enforcement

22  official of any legally sufficient complaint received,

23  including the substance of the allegation, within 10 days

24  after receipt of the complaint by the department.

25         (b)  The enforcement official shall be given thirty

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

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

28  receipt of the complaint, the department shall submit the

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

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

31  complete, the probable cause panel shall review and instruct


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  1  the department to complete the investigation within a time

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

  3  dismiss the complaint with prejudice.

  4         (5)  The enforcement official shall be considered an

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

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

  7  the department or the board, provided the enforcement official

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

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

10  disciplinary action in regard to his or her certification for

11  exercising his or her rights under this section.

12         (7)  If any action taken against the enforcement

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

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

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

16  department or the board, or the assignee of the department or

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

18  employer, as appropriate, for reasonable legal costs and

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

20  not exceed the limit provided in s. 120.595.

21         (8)  An enforcement official may bring civil suit

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

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

24  for damages, either pecuniary or otherwise, suffered pursuant

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

26  abridgement of the enforcement official's civil rights arising

27  out of the enforcement official's performance of official

28  duties.

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

30  under investigation the enforcement official shall not be

31


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

  2  good standing.

  3         Section 19.  Subsection (3) of section 468.621, Florida

  4  Statutes, is amended to read:

  5         468.621  Disciplinary proceedings.--

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

  7  probation, or has conditions imposed, the board shall

  8  reinstate the certificate of a disciplined building code

  9  administrator, plans examiner, or building code inspector upon

10  proof the disciplined individual has complied with all terms

11  and conditions set forth in the final order.

12         Section 20.  Subsections (2), (3), and (4) of section

13  468.627, Florida Statutes, are amended to read:

14         468.627  Application; examination; renewal; fees.--

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

16  building code administrators, plans examiners, or building

17  code inspectors.

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

19  for building code administrators, plans examiners, or building

20  code inspectors.

21         (4)  Employees of local government agencies having

22  responsibility for building code inspection, building

23  construction regulation, and enforcement of building,

24  plumbing, mechanical, electrical, gas, fire prevention,

25  energy, accessibility, and other construction codes shall pay

26  no application fees or examination fees.

27         Section 21.  Section 468.631, Florida Statutes, is

28  amended to read:

29         468.631  Building Code Administrators and Inspectors

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

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


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  1  166.201 at the rate of one-half cent per square foot of

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

  3  renovations, alterations, and additions.  The unit of

  4  government responsible for collecting permit fees pursuant to

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

  6  shall remit the funds to the department on a quarterly

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

  8  the preceding quarter, and continuing each third month

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

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

11  and activities intended to improve the quality of building

12  code enforcement.  There is created within the Professional

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

14  Building Code Administrators and Inspectors Fund, which shall

15  deposit and disburse funds as necessary for the implementation

16  of this part. The department shall annually establish the

17  amount needed to fund the certification and regulation of

18  building code administrators, plans examiners, and building

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

20  needed to adequately fund the certification and regulation of

21  building code administrators, plans examiners, and building

22  code inspectors shall be deposited into the Construction

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

24  Construction Industries Recovery Fund is fully funded as

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

26  distributed to the Construction Industry Licensing Board for

27  use in the regulation of certified and registered contractors.

28         Section 22.  Subsection (1) of section 468.633, Florida

29  Statutes, is amended to read:

30         468.633  Authority of local government.--

31


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

  2  the authority of local governments to require as a condition

  3  of employment that building code administrators, plans

  4  examiners, and building code inspectors possess qualifications

  5  beyond the requirements for certification contained in this

  6  part.

  7         Section 23.  Paragraph (a) of subsection (1) of section

  8  112.3145, Florida Statutes, is amended to read:

  9         112.3145  Disclosure of financial interests and clients

10  represented before agencies.--

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

12  otherwise requires, the term:

13         (a)  "Local officer" means:

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

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

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

17  elective office.

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

19  authority, including any expressway authority or

20  transportation authority established by general law; community

21  college district board of trustees; or council of any

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

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

24  or natural resources responsibilities shall not be considered

25  an advisory body.

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

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

28  employee of a county, municipality, or other political

29  subdivision; county or municipal attorney; chief county or

30  municipal building code inspector; county or municipal water

31  resources coordinator; county or municipal pollution control


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  1  director; county or municipal environmental control director;

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

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

  4  municipal clerk; district school superintendent; community

  5  college president; district medical examiner; or purchasing

  6  agent having the authority to make any purchase exceeding the

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

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

  9  entity thereof.

10         Section 24.  Subsection (3) of section 125.56, Florida

11  Statutes, is amended to read:

12         125.56  Adoption or amendment of building code;

13  inspection fees; inspectors; etc.--

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

15  several counties may employ a building code inspector and such

16  other personnel as it deems necessary to carry out the

17  provisions of this act and may pay reasonable salaries for

18  such services.

19         Section 25.  Paragraph (g) of subsection (5) of section

20  212.08, Florida Statutes, is amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

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

23  the rental, the use, the consumption, the distribution, and

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

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

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

28         (g)  Building materials used in the rehabilitation of

29  real property located in an enterprise zone.--

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

31  the rehabilitation of real property located in an enterprise


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

  2  an affirmative showing to the satisfaction of the department

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

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

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

  6  or lessor of the rehabilitated real property located in an

  7  enterprise zone only through a refund of previously paid

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

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

10  located in an enterprise zone must file an application under

11  oath with the governing body or enterprise zone development

12  agency having jurisdiction over the enterprise zone where the

13  business is located, as applicable, which includes:

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

15  refund.

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

17  rehabilitated real property in an enterprise zone for which a

18  refund of previously paid taxes is being sought.

19         c.  A description of the improvements made to

20  accomplish the rehabilitation of the real property.

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

22  rehabilitation of the real property.

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

24  from the general contractor licensed in this state with whom

25  the applicant contracted to make the improvements necessary to

26  accomplish the rehabilitation of the real property, which

27  statement lists the building materials used in the

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

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

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

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


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  1  information in a sworn statement, under the penalty of

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

  3  the building materials used in such rehabilitation and the

  4  payment of sales tax on the building materials shall be

  5  attached to the sworn statement provided by the general

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

  7  building materials used in the rehabilitation of real property

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

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

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

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

12  purposes.

13         f.  The identifying number assigned pursuant to s.

14  290.0065 to the enterprise zone in which the rehabilitated

15  real property is located.

16         g.  A certification by the local building code

17  inspector that the improvements necessary to accomplish the

18  rehabilitation of the real property are substantially

19  completed.

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

21  by s. 288.703(1).

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

23  permanent employee of the business, including, for each

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

25  identifying number assigned pursuant to s. 290.0065 to the

26  enterprise zone in which the employee resides.

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

28  governmental agency through a refund of previously paid taxes

29  if the building materials used in the rehabilitation of real

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

31  funds of a community development block grant or similar grant


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

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

  3  file an application which includes the same information

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

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

  6  the application must include a sworn statement signed by the

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

  8  governmental agency seeking a refund which states that the

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

10  from the funds of a community development block grant or

11  similar grant or loan program.

12         3.  Within 10 working days after receipt of an

13  application, the governing body or enterprise zone development

14  agency shall review the application to determine if it

15  contains all the information required pursuant to subparagraph

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

17  paragraph. The governing body or agency shall certify all

18  applications that contain the information required pursuant to

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

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

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

22  20 percent of the employees of the business are residents of

23  an enterprise zone, excluding temporary and part-time

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

25  of the certification shall be transmitted to the executive

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

27  responsible for forwarding a certified application to the

28  department within the time specified in subparagraph 4.

29         4.  An application for a refund pursuant to this

30  paragraph must be submitted to the department within 6 months

31


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  1  after the rehabilitation of the property is deemed to be

  2  substantially completed by the local building code inspector.

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

  4  refund application made pursuant to this paragraph. No more

  5  than one exemption through a refund of previously paid taxes

  6  for the rehabilitation of real property shall be permitted for

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

  8  pursuant to this paragraph unless the amount to be refunded

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

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

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

12  rehabilitation of the real property as determined pursuant to

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

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

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

16  the amount of refund granted pursuant to this paragraph shall

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

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

19  approved pursuant to this paragraph shall be made within 30

20  days of formal approval by the department of the application

21  for the refund.

22         6.  The department shall adopt rules governing the

23  manner and form of refund applications and may establish

24  guidelines as to the requisites for an affirmative showing of

25  qualification for exemption under this paragraph.

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

27  percent of each refund granted under the provisions of this

28  paragraph from the amount transferred into the Local

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

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

31


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  1  property is located and shall transfer that amount to the

  2  General Revenue Fund.

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

  4  paragraph:

  5         a.  "Building materials" means tangible personal

  6  property which becomes a component part of improvements to

  7  real property.

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

  9  s. 192.001(12).

10         c.  "Rehabilitation of real property" means the

11  reconstruction, renovation, restoration, rehabilitation,

12  construction, or expansion of improvements to real property.

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

14  provided in s. 192.042(1).

15         9.  The provisions of this paragraph shall expire and

16  be void on December 31, 2005.

17         Section 26.  Paragraph (a) of subsection (2) of section

18  252.924, Florida Statutes, is amended to read:

19         252.924  Party state responsibilities.--

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

21  request assistance of another party state by contacting the

22  authorizing representative of that state.  The provisions of

23  this agreement shall only apply to requests for assistance

24  made by and to authorized representatives.  Requests may be

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

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

27  Requests shall provide the following information:

28         (a)  A description of the emergency service function

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

30  fire services, law enforcement, emergency medical,

31  transportation, communications, public works and engineering,


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  1  building code inspection, planning and information assistance,

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

  3  search and rescue.

  4         Section 27.  Paragraph (j) of subsection (3) of section

  5  404.056, Florida Statutes, is amended to read:

  6         404.056  Environmental radiation standards and

  7  programs; radon protection.--

  8         (3)  CERTIFICATION.--

  9         (j)  The department may set criteria and requirements

10  for the application, certification, and annual renewal of

11  certification for radon measurement and mitigation businesses,

12  which may include:

13         1.  Requirements for measurement devices and

14  measurement procedures, including the disclosure of mitigation

15  materials, systems, and other mitigation services offered.

16         2.  The identification of certified specialists and

17  technicians employed by the business and requirements for

18  specialist staffing and duties.

19         3.  The analysis of measurement devices by proficient

20  analytical service providers.

21         4.  Requirements for a quality assurance and quality

22  control program.

23         5.  The disclosure of client measurement reporting

24  forms and warranties and operating instructions for mitigation

25  systems.

26         6.  Requirements for radon services publications and

27  the identification of the radon business certification number

28  in advertisements.

29         7.  Requirements for a worker health and safety

30  program.

31         8.  Requirements for maintaining radon records.


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  1         9.  The operation of branch office locations.

  2         10.  Requirements for supervising subcontractors who

  3  install mitigation systems.

  4         11.  Requirements for building code inspections and

  5  evaluation and standards for the design and installation of

  6  mitigation systems.

  7         12.  Prescribing conditions of mitigation measurements.

  8         Section 28.  Section 471.045, Florida Statutes, is

  9  amended to read:

10         471.045  Professional engineers performing building

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

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

13  practice as a professional engineer may provide building code

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

15  local government or state agency upon its request, without

16  being certified by the Florida Building Code Administrators

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

18  performing these building code inspection services, the

19  professional engineer is subject to the disciplinary

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

21  complaint processing, investigation, and discipline that arise

22  out of a professional engineer's performing building code

23  inspection services shall be conducted by the Board of

24  Professional Engineers rather than the Florida Building Code

25  Administrators and Inspectors Board. A professional engineer

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

27  government upon any job that the professional engineer or the

28  professional engineer's company designed.

29         Section 29.  Section 481.222, Florida Statutes, is

30  amended to read:

31


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  1         481.222  Architects performing building code inspector

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

  3  who is currently licensed to practice as an architect under

  4  this part may provide building code inspection services

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

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

  7  Florida Building Code Administrators and Inspectors Board

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

  9  of such building code inspection services, the architect is

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

11  468.621(1)(c)-(h). Any complaint processing, investigation,

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

13  building code inspection services shall be conducted by the

14  Board of Architecture and Interior Design rather than the

15  Florida Building Code Administrators and Inspectors Board. An

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

17  local government upon any job that the architect or the

18  architect's company designed.

19         Section 30.  Paragraph (b) of subsection (18) of

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

21         489.103  Exemptions.--This part does not apply to:

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

23  residence constructed by Habitat for Humanity International,

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

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

26         (b)  Obtain all required building code inspections.

27         Section 31.  Section 725.06, Florida Statutes, is

28  amended to read:

29         725.06  Construction contracts; limitation on

30  indemnification.--

31


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

  2  that contract to indemnify and hold harmless the other party

  3  to the contract, their officers and employees, from

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

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

  6  the negligence, recklessness or intentional wrongful

  7  misconduct of the indemnifying party and persons employed or

  8  utilized by the indemnifying party in the performance of the

  9  construction contract.

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

11  a construction contract may not require one party to indemnify

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

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

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

15  public policy of this state.

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

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

18  demolition of a building, structure, appurtenance, or

19  appliance, including moving and excavating connected with it,

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

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

22  general contractor, subcontractor, sub-subcontractor, or

23  materialman, or between any combination thereof, wherein any

24  party referred to herein obtains indemnification from

25  liability for damages to persons or property caused in whole

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

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

28  unenforceable unless:

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

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

31  project specifications or bid documents, if any, or


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

  2  specific consideration to the indemnitor for the

  3  indemnification that shall be provided for in his or her

  4  contract and section of the project specifications or bid

  5  documents, if any.

  6         Section 32.  Subsections (1) and (3) of section

  7  471.025, Florida Statutes, are amended to read:

  8         471.025  Seals.--

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

10  to be used by registrants holding valid certificates of

11  registration.  Each registrant shall obtain an impression-type

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

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

14  282.70-282.75.  All final drawings, specifications, plans,

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

16  being filed for public record and all final bid documents

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

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

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

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

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

22  documents prepared or issued by a registrant may be

23  transmitted electronically and may be signed by the

24  registrant, dated, and stamped electronically with said seal

25  in accordance with ss. 282.70-282.75.

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

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

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

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

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

31  therein.


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  1         Section 33.  Paragraphs (j), (k), and (l) of subsection

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

  3         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

10  building or structure, including related improvements to real

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

12  scope is substantially similar to the job scope described in

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

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

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

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

17  in height, other than buildings or residences over three

18  stories tall; and buildings or residences over three stories

19  tall. Contractors are subdivided into two divisions, Division

20  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

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

28  including the installation, repair, or replacement of existing

29  equipment, any cleaning or equipment sanitizing which requires

30  at least a partial disassembling, excluding filter changes,

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


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  1  finishes, the installation of package pool heaters, the

  2  installation of all perimeter piping and filter piping, and

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

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

  5  layout, excavation, operation of construction pumps for

  6  dewatering purposes, steelwork, installation of light niches,

  7  construction of floors, guniting, fiberglassing, installation

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

  9  piping, installation of all filter equipment and chemical

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

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

12  equipment, and installation of package pool heaters and also

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

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

15  direct connections to a sanitary sewer system or to potable

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

17  replacement of equipment permanently attached to and

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

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

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

21  treatment or cleaning shall not require licensure unless the

22  usage involves construction, modification, or replacement of

23  such equipment.  Water treatment that does not require such

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

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

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

27  pool or spa or its associated equipment.

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

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

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

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


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

  2  replacement of existing equipment, any cleaning or equipment

  3  sanitizing which requires at least a partial disassembling,

  4  excluding filter changes, and or the installation of new

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

  6  package pool heaters, the installation of all perimeter piping

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

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

  9  such work includes layout, excavation, operation of

10  construction pumps for dewatering purposes, steelwork,

11  installation of light niches, construction of floors,

12  guniting, fiberglassing, installation of tile and coping,

13  installation of all perimeter and filter piping, installation

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

15  plastering of the interior, construction of decks,

16  installation of housing for pool equipment, and installation

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

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

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

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

21  construction, modification, or replacement of equipment

22  permanently attached to and associated with the pool or spa

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

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

25  for the purposes of water treatment or cleaning shall not

26  require licensure unless the usage involves construction,

27  modification, or replacement of such equipment.  Water

28  treatment that does not require such equipment does not

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

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

31


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

  2  its associated equipment.

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

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

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

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

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

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

  9  replacement and repair of existing equipment, any cleaning or

10  equipment sanitizing which requires at least a partial

11  disassembling, excluding filter changes, and the or

12  installation of new pool/spa additional equipment, interior

13  refinishing, the reinstallation or addition of pool heaters,

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

15  reinstallation of tile and coping, repair or and replacement

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

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

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

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

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

21  sanitary sewer system or to potable water lines filter

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

23  reconstruction of decks, and reinstallation or addition of

24  pool heaters. The installation, construction, modification,

25  substantial or complete disassembly, or replacement of

26  equipment permanently attached to and associated with the pool

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

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

29  equipment for the purposes of water treatment or cleaning

30  shall not require licensure unless the usage involves

31  construction, modification, substantial or complete


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  1  disassembly, or replacement of such equipment. Water treatment

  2  that does not require such equipment does not require a

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

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

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

  6  equipment.

  7         Section 34.  Section 489.118, Florida Statutes, is

  8  amended to read:

  9         489.118  Certification of registered contractors;

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

11  completed application and appropriate fee, issue a certificate

12  in the appropriate category to any contractor registered under

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

14  he or she meets each of the following requirements:

15         (1)  Currently holds a valid registered local license

16  in one of the contractor categories defined in s.

17  489.105(3)(a)-(p).

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

19  examination that the board finds to be substantially similar

20  to the examination required to be licensed as a certified

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

22  written, proctored examination such as that produced by the

23  National Assessment Institute, Block and Associates, or

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

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

26  substantially similar to the examination required to be

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

28  or make any requirements regarding the nature or content of

29  these cited examinations.

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

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


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  1  administrator with oversight over that category, at the time

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

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

  4  probation shall count toward the 5 years required by this

  5  subsection.

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

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

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

  9  excess of $500 within the last 5 years.

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

11  responsibility requirements in s. 489.115(5).

12

13  Applicants wishing to obtain a certificate pursuant to this

14  section must make application by November 1, 2004.

15         Section 35.  Section 489.128, Florida Statutes, is

16  amended to read:

17         489.128  Contracts performed by unlicensed contractors

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

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

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

21  maintain a license in accordance with this part shall be

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

23  contractor obtains or reinstates his or her license, the

24  provisions of this section shall no longer apply.

25         Section 36.  Subsections (12) and (15) of section

26  489.503, Florida Statutes, are amended to read:

27         489.503  Exemptions.--This part does not apply to:

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

29  527 while engaged in work regulated under that chapter.

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

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


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

  2  authorized person who:

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

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

  5  Health Care Administration;

  6         (b)  Performs services for the Department of Elderly

  7  Affairs;

  8         (c)  Performs services for the Department of Children

  9  and Family Services under chapter 410; or

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

11  or distributor for the producer of the personal emergency

12  response system being monitored.

13         Section 37.  Subsection (26) of section 489.505,

14  Florida Statutes, is amended to read:

15         489.505  Definitions.--As used in this part:

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

17  device which is simply plugged into a telephone jack or

18  electrical receptacle and which is designed to initiate a

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

20  responsibility to determine the proper response to, personal

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

22  systems designed to detect intrusion or fire.

23         Section 38.  Section 489.507, Florida Statutes, is

24  amended to read:

25         489.507  Electrical Contractors' Licensing Board.--

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

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

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

29  2 of whom shall be consumer members who are not, and have

30  never been, electrical contractors or members of any closely

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


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  1  certified alarm system contractors I. Members shall be

  2  appointed for 4-year terms.

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

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

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

  6  appointed, be actively engaged in the construction business,

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

  8  consecutive years before the date of appointment.  Each

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

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

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

12  part.

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

14  promulgate no rules and take no action to require that

15  applicants for certification as alarm system contractors serve

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

17  certification examination.

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

19  modified to remove proposed committee objections of the

20  Administrative Procedures Committee must receive approval from

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

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

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

24  proposed committee objections of the Administrative Procedures

25  Committee.

26         (6)(5)  The Electrical Contractors' Licensing Board and

27  the Construction Industry Licensing Board shall each appoint a

28  committee to meet jointly at least twice a year.

29         Section 39.  Section 489.514, Florida Statutes, is

30  amended to read:

31


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  1         489.514  Certification for registered contractors;

  2  grandfathering provisions.--

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

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

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

  6  appropriate category to

  7         (a)  To an applying registered electrical contractor a

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

  9  489.505(12); or

10         (b)  To an applying registered alarm system contractor

11  a certificate in the matching alarm system contractor

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

13         (c)  To an applying registered electrical speciality

14  contractor a certificate in the matching electrical speciality

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

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

17  makes application under this section to the board shall and

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

19  requirements for certification:

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

21  license in the category of electrical contractor, or alarm

22  system contractor, or electrical speciality contractor.

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

24  proctored examination that the board finds to be substantially

25  similar to the examination required to be licensed as a

26  certified contractor under this part. For purposes of this

27  subsection, a written, proctored examination such as that

28  produced by the National Assessment Institute, Block and

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

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

31  considered to be substantially similar to the examination


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

  2  may not impose or make any requirements regarding the nature

  3  or content of these cited examinations.

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

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

  6  building administrator with oversight over that category, at

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

  8  which the contractor license is active and the contractor is

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

10  this subsection.

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

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

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

14  excess of $500 in the last 5 years.

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

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

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

18  2004, to be licensed pursuant to this section.

19         Section 40.  Paragraph (e) is added to subsection (2)

20  of section 489.5185, Florida Statutes, to read:

21         489.5185  Fire alarm system agents.--

22         (2)

23         (e)  Persons who perform only monitoring are not

24  required to complete the training required for fire alarm

25  system agents.

26         Section 41.  Subsection (1) of section 489.522, Florida

27  Statutes, is amended to read:

28         489.522  Qualifying agents; responsibilities.--

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

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

31  this section.  All primary qualifying agents for a business


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  1  organization are jointly and equally responsible for

  2  supervision of all operations of the business organization;

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

  4  both for the organization in general and for each specific

  5  job.

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

  7  business, the qualifying agent must transfer the license to

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

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

10  after termination of the qualifying status with the business.

11         Section 42.  Subsection (5) of section 489.531, Florida

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

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

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

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

16         489.531  Prohibitions; penalties.--

17         (1)  A person may not:

18         (a)  Practice contracting unless the person is

19  certified or registered;

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

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

22  advertise himself or herself or a business organization as

23  available to practice electrical or alarm system contracting,

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

25  certification or registration issued pursuant to this part;

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

27  registration of another;

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

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

30  inactive or delinquent status;

31


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

  2  to practice contracting;

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

  4  department, the board, or a member thereof;

  5         (g)  Operate a business organization engaged in

  6  contracting after 60 days following the termination of its

  7  only qualifying agent without designating another primary

  8  qualifying agent;

  9         (h)  Conceal information relative to violations of this

10  part;

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

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

13  the building permit being in effect; or

14         (j)  Willfully or deliberately disregard or violate any

15  municipal or county ordinance relating to uncertified or

16  unregistered contractors.

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

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

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

20  775.083.

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

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

23  such violation commits a felony of the third degree,

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

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

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

27  declared by executive order of the Governor commits a felony

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

29  s. 775.083.

30

31


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  1  The remedies set forth in this subsection are not exclusive

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

  3  489.533(2).

  4         (6)(5)(a)  The local governing body of a county or

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

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

  7  ordinances against locally licensed or registered contractors,

  8  as appropriate.  The local jurisdiction enforcement body may

  9  conduct disciplinary proceedings against a locally licensed or

10  registered contractor and may require restitution or impose a

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

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

13  licensed or registered contractor, according to ordinances

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

15  jurisdiction may assess reasonable investigative and legal

16  costs for the prosecution of the violation against the

17  registered contractor violator, according to such ordinances

18  as the local jurisdiction may enact.

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

20  enforcement body may take against the individual's local

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

22  local jurisdiction enforcement body shall issue a recommended

23  penalty for board action.  This recommended penalty may

24  include a recommendation for no further action or a

25  recommendation for suspension, revocation, or restriction of

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

27  board, or a combination thereof.  The local jurisdiction

28  enforcement body shall inform the disciplined registered

29  contractor and the complainant of the local license penalty

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

31  and the consequences should the registered contractor decide


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

  2  upon having reached adjudication or having accepted a plea of

  3  nolo contendere, immediately inform the board of its action

  4  and the recommended board penalty.

  5         (c)  The department, the disciplined registered

  6  contractor, or the complainant may challenge the local

  7  jurisdiction enforcement body's recommended penalty for board

  8  action to the Electrical Contractors' Licensing Board. A

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

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

11  a presumptive finding of probable cause and the case may

12  proceed without the need for a probable cause hearing.

13         (d)  Failure of the department, the disciplined

14  registered contractor, or the complainant to challenge the

15  local jurisdiction's recommended penalty within the time

16  period set forth in this subsection shall constitute a waiver

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

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

19  admission of the violation, and the penalty recommended shall

20  become a final order according to procedures developed by

21  board rule without further board action. The disciplined

22  registered contractor may appeal this board action to the

23  district court.

24         (e)  The department may investigate any complaint which

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

26  determines that the complaint against a registered contractor

27  is for an action which a local jurisdiction enforcement body

28  has investigated and reached adjudication or accepted a plea

29  of nolo contendere, including a recommended penalty to the

30  board, the department shall not initiate prosecution for that

31


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  1  action, unless the secretary has initiated summary procedures

  2  pursuant to s. 455.225(8).

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

  4  allow local jurisdictions to exercise disciplinary authority

  5  over certified contractors.

  6         Section 43.  Section 489.532, Florida Statutes, is

  7  amended to read:

  8         489.532  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 his or her license in accordance with this part shall

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

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

15  event the contractor obtains or reinstates the license the

16  provisions of this section shall no longer apply.

17         Section 44.  Subsections (14) through (26) of section

18  633.021, Florida Statutes, are renumbered as subsections (15)

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

20  section, to read:

21         633.021  Definitions.--As used in this chapter:

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

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

24  of pipe, hanger locations, and hydraulic calculations in

25  accordance with the design concepts established through the

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

27         Section 45.  Subsection (8) of section 489.537, Florida

28  Statutes, is repealed.

29         Section 46.  Subsections (21), (22), and (23) of

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

31         489.505  Definitions.--As used in this part:


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

  2  alarm system contractor whose business includes all types of

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

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

  5  registered alarm system contractor I may contract only in the

  6  jurisdictions for which his or her registration is issued.

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

  8  alarm system contractor whose business includes all types of

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

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

11  489.537(8). A registered alarm system contractor II may

12  contract only in the jurisdiction for which his or her

13  registration is issued.

14         (23)  "Registered residential alarm system contractor"

15  means an alarm system contractor whose business is limited to

16  burglar alarm systems in single-family residential, quadruplex

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

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

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

20  occupancy class" by rule. A registered residential alarm

21  system contractor may contract only in the jurisdiction for

22  which his or her registration is issued.

23         Section 47.  Subsection (2) of section 489.515, Florida

24  Statutes, is amended to read:

25         489.515  Issuance of certificates; registrations.--

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

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

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

29  be registered.

30         Section 48.  Except as otherwise provided herein, this

31  act shall take effect July 1, 2000.


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