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





                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

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

12  following:

13

14         Amendment (with title amendment) 

15         On page 3, line 7, through page 7, line 15,

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof:

19         Section 1.  Subsections (2), (5), and (7) of section

20  218.72, Florida Statutes, are amended, and subsections (8) and

21  (9) are added to said section, to read:

22         218.72  Definitions.--As used in this part:

23         (2)  "Local governmental entity" means a county or

24  municipal government, school board, school district,

25  authority, special taxing district, other political

26  subdivision, community college, or any office, board, bureau,

27  commission, department, branch, division, or institution

28  thereof or any project supported by county or municipal funds.

29         (5)  "Purchase" means the purchase of goods, or

30  services, or construction services, the purchase or lease of

31  personal property, or the lease of real property by a local

                                  1

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  governmental entity.

 2         (7)  "Construction services" means all labor, services,

 3  and materials provided performed in connection with the

 4  construction, alteration, repair, demolition, reconstruction,

 5  or any other improvements to real property that require a

 6  license under parts I and II of chapter 489.

 7         (8)  "Payment request" means a request for payment for

 8  construction services which conforms with all statutory

 9  requirements and with all requirements specified by the local

10  governmental entity to which the payment request is submitted

11  if:

12         (a)  Such requirements have been adopted by formal

13  action of the local governmental entity taken prior to the

14  transaction to which the payment request applies.

15         (b)  The local governmental entity made such

16  requirements available to vendors.

17         (9)  "Agent" means project architect, project engineer,

18  or any other agency or person acting on behalf of the local

19  governmental entity.

20         Section 2.  Section 218.73, Florida Statutes, is

21  amended to read:

22         218.73  Timely payment for nonconstruction

23  services.--The time at which payment is due for a purchase

24  other than construction services by a local governmental

25  entity, except for the purchase of construction services, is

26  due must be calculated from:

27         (1)  The date on which a proper invoice is received by

28  the chief disbursement officer of the local governmental

29  entity after approval by the governing body, if required; or

30         (2)  If a proper invoice is not received by the local

31  governmental entity, the date:

                                  2

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1         (a)  On which delivery of personal property is accepted

 2  by the local governmental entity;

 3         (b)  On which services are completed;

 4         (c)  On which the rental period begins; or

 5         (d)  On which the local governmental entity and vendor

 6  agree in a contract that provides dates relative to payment

 7  periods;

 8

 9  whichever date is latest.

10         Section 3.  Section 218.735, Florida Statutes, is

11  amended to read:

12         218.735  Timely payment for purchases of construction

13  services.--

14         (1)  The due date for payment for the purchase of

15  construction services by a local governmental entity is

16  determined as follows:

17         (a)  If an agent the project architect or project

18  engineer must approve the payment request or invoice prior to

19  the payment request or invoice being submitted to the local

20  governmental entity, payment is due 25 20 business days after

21  the date on which the payment request or architect or engineer

22  approves the invoice and the invoice is stamped as received as

23  provided in s. 218.74(1).

24         (b)  If an agent the project architect or project

25  engineer need not approve the payment request or invoice which

26  is submitted by the contractor, payment is due 20 business

27  days after the date on which the payment request or invoice is

28  stamped as received as provided in s. 218.74(1).

29         (2)  The local governmental entity may reject the

30  payment request or invoice within 20 business days after the

31  date on which the payment request or invoice is stamped as

                                  3

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  received as provided in s. 218.74(1).  The rejection must be

 2  written and must specify the deficiency in the payment request

 3  or invoice and the action necessary to make the payment

 4  request or invoice proper.

 5         (3)  If a payment request or an invoice is rejected

 6  under subsection (2) or this subsection and the contractor

 7  submits a corrected payment request or invoice which corrects

 8  the deficiency specified in writing by the local governmental

 9  entity, the corrected payment request or invoice must be paid

10  or rejected on the later of:

11         (a)  Ten business days after the date the corrected

12  payment request or invoice is stamped as received as provided

13  in s. 218.74(1); or

14         (b)  If the governing body is required by ordinance,

15  charter, or other law to approve or reject the corrected

16  payment request or invoice, the first business day after the

17  next regularly scheduled meeting of the governing body held

18  after the corrected payment request or invoice is stamped as

19  received as provided in s. 218.74(1).

20         (4)  If a dispute between the local governmental entity

21  and the contractor cannot be resolved by the procedure in

22  subsection (3), the dispute must be resolved in accordance

23  with the dispute resolution procedure prescribed in the

24  construction contract or in any applicable ordinance.  In the

25  absence of a prescribed procedure, the dispute must be

26  resolved by the procedure specified in s. 218.76(2).

27         (5)  If a local governmental entity disputes a portion

28  of a payment request or an invoice, the undisputed portion

29  shall be paid timely, in accordance with subsection (1). The

30  payment time periods provided in this section for construction

31  services purchased by a local governmental entity shall not

                                  4

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  affect contractual provisions or contractual covenants of a

 2  local governmental entity in effect on September 30, 1995.

 3         (6)  When a contractor receives payment from a local

 4  governmental entity for labor, services, or materials

 5  furnished by subcontractors and suppliers hired by the

 6  contractor, the contractor shall remit payment due to those

 7  subcontractors and suppliers within 15 days after the

 8  contractor's receipt of payment.  When a subcontractor

 9  receives payment from a contractor for labor, services, or

10  materials furnished by subcontractors and suppliers hired by

11  the subcontractor, the subcontractor shall remit payment due

12  to those subcontractors and suppliers within 15 days after the

13  subcontractor's receipt of payment.  Nothing herein shall

14  prohibit a contractor or subcontractor from disputing,

15  pursuant to the terms of the relevant contract, all or any

16  portion of a payment alleged to be due to another party.  In

17  the event of such a dispute, the contractor or subcontractor

18  may withhold the disputed portion of any such payment but the

19  undisputed portion must be remitted within the time limits

20  imposed by this subsection.

21         (7)(6)  All payments due under this section from a

22  local governmental entity and not made within the time periods

23  period specified by this section shall bear interest at the

24  rate of 1 percent per month, or the rate specified by

25  contract, whichever is greater as specified in s. 218.74(4).

26         Section 4.  Section 218.74, Florida Statutes, is

27  amended to read:

28         218.74  Procedures for calculation of payment due

29  dates.--

30         (1)  Each local governmental entity shall establish

31  procedures whereby each payment request or invoice received by

                                  5

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  the local governmental entity is marked as received on the

 2  date on which it is delivered to an agent or employee of the

 3  local governmental entity or of a facility or office of the

 4  local governmental entity.

 5         (2)  The payment due date for a local governmental

 6  entity for the purchase of goods or services other than

 7  construction services is 45 days after the date specified in

 8  s. 218.73.  The payment due date for the purchase of

 9  construction services is specified in s. 218.735.

10         (3)  If the terms under which a purchase is made allow

11  for partial deliveries and a payment request or proper invoice

12  is submitted for a partial delivery, the time for payment for

13  the partial delivery must be calculated from the time of the

14  partial delivery and the submission of the payment request or

15  invoice in the same manner as provided in s. 218.73 or s.

16  218.735.

17         (4)  All payments, other than payments for construction

18  services, due from a local governmental entity and not made

19  within the time specified by this section bear interest from

20  30 days after the due date at the rate of 1 percent per month

21  on the unpaid balance. The vendor must invoice the local

22  governmental entity for any interest accrued in order to

23  receive the interest payment.  Any overdue period of less than

24  1 month is considered as 1 month in computing interest.

25  Unpaid interest is compounded monthly.  With respect to each

26  past due payment, interest ceases to accrue after interest on

27  that payment has accrued for 12 months. For the purposes of

28  this section, the term "1 month" means a period beginning on

29  any day of one month and ending on the same day of the

30  following month.

31         Section 5.  Section 218.75, Florida Statutes, is

                                  6

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         218.75  Mandatory interest.--No contract between a

 3  local governmental entity and a vendor or a provider of

 4  construction services shall prohibit the collection of vendor

 5  from invoicing the local governmental entity for late payment

 6  interest charges allowable under this part.

 7         Section 6.  Section 218.76, Florida Statutes, is

 8  amended to read:

 9         218.76  Improper payment request or invoice; resolution

10  of disputes.--

11         (1)  In any case in which an improper payment request

12  or invoice is submitted by a vendor, the local governmental

13  entity shall, within 10 days after the improper payment

14  request or invoice is received by it, notify the vendor that

15  the payment request or invoice is improper and indicate what

16  corrective action on the part of the vendor is needed to make

17  the payment request or invoice proper.

18         (2)  In the event a dispute occurs between a vendor and

19  a local governmental entity concerning payment of a payment

20  request or an invoice, such disagreement shall be finally

21  determined by the local governmental entity as provided in

22  this section.  Each local governmental entity shall establish

23  a dispute resolution procedure to be followed by the local

24  governmental entity in cases of such disputes.  Such procedure

25  shall provide that proceedings to resolve the dispute shall be

26  commenced not later than 45 days after the date on which the

27  payment request or proper invoice was received by the local

28  governmental entity and shall be concluded by final decision

29  of the local governmental entity not later than 60 days after

30  the date on which the payment request or proper invoice was

31  received by the local governmental entity.  Such procedures

                                  7

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  shall not be subject to chapter 120, and such procedures shall

 2  not constitute an administrative proceeding which prohibits a

 3  court from deciding de novo any action arising out of the

 4  dispute.  If the dispute is resolved in favor of the local

 5  governmental entity, then interest charges shall begin to

 6  accrue 10 15 days after the local governmental entity's final

 7  decision.  If the dispute is resolved in favor of the vendor,

 8  then interest shall begin to accrue as of the original date

 9  the payment became due.

10         (3)  In an action to recover amounts due under s.

11  218.70-218.80, the prevailing party shall be entitled to

12  recover court costs and attorney's fees at trial and on

13  appeal.

14         Section 7.  Paragraph (a) of subsection (1) and

15  paragraph (a) of subsection (2) of section 255.05, Florida

16  Statutes, are amended to read:

17         255.05  Bond of contractor constructing public

18  buildings; form; action by materialmen.--

19         (1)(a)  Any person entering into a formal contract with

20  the state or any county, city, or political subdivision

21  thereof, or other public authority, for the construction of a

22  public building, for the prosecution and completion of a

23  public work, or for repairs upon a public building or public

24  work shall be required, before commencing the work or before

25  recommencing the work after a default or abandonment, to

26  execute, deliver to the public owner, and record in the public

27  records of the county where the improvement is located, a

28  payment and performance bond with a surety insurer authorized

29  to do business in this state as surety. The bond must state on

30  its front page: the name, principal business address, and

31  phone number of the contractor, the surety, the owner of the

                                  8

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  property being improved, and, if different from the owner, the

 2  contracting public entity; the contract number assigned by the

 3  contracting public entity; and a description of the project

 4  sufficient to identify it, such as including, if applicable, a

 5  legal description or and the street address of the property

 6  being improved, and a general description of the improvement.

 7  Such bond shall be conditioned solely upon the contractor's

 8  performance of the construction work that the contractor

 9  perform the contract in the time and manner prescribed in the

10  contract and the contractor's prompt payment promptly make

11  payments to all persons defined in s. 713.01 who furnished

12  labor, services, or materials for whose claims derive directly

13  or indirectly from the prosecution of the work provided for in

14  the contract. Any claimant may apply to the governmental

15  entity having charge of the work for copies of the contract

16  and bond and shall thereupon be furnished with a certified

17  copy of the contract and bond. The claimant shall have a right

18  of action against the contractor and surety for the amount due

19  him or her, including unpaid finance charges due under the

20  claimant's contract. Such action shall not involve the public

21  authority in any expense.  When such work is done for the

22  state and the contract is for $100,000 or less, no payment and

23  performance bond shall be required. At the discretion of the

24  official or board awarding such contract when such work is

25  done for any county, city, political subdivision, or public

26  authority, any person entering into such a contract which is

27  for $200,000 or less may be exempted from executing the

28  payment and performance bond. When such work is done for the

29  state, the Secretary of the Department of Management Services

30  may delegate to state agencies the authority to exempt any

31  person entering into such a contract amounting to more than

                                  9

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  $100,000 but less than $200,000 from executing the payment and

 2  performance bond. In the event such exemption is granted, the

 3  officer or officials shall not be personally liable to persons

 4  suffering loss because of granting such exemption. The

 5  Department of Management Services shall maintain information

 6  on the number of requests by state agencies for delegation of

 7  authority to waive the bond requirements by agency and project

 8  number and whether any request for delegation was denied and

 9  the justification for the denial.

10         (2)(a)1.  If a claimant is no longer furnishing labor,

11  services, or materials on a project, a contractor or the

12  contractor's agent or attorney may elect to shorten the

13  prescribed time in this paragraph within which an action to

14  enforce any claim against a payment bond provided pursuant to

15  this section may be commenced by recording in the clerk's

16  office a notice in substantially the following form:

17

18                    NOTICE OF CONTEST OF CLAIM

19                       AGAINST PAYMENT BOND

20

21

22  To: ...(Name and address of claimant)...

23         You are notified that the undersigned contests your

24  notice of nonpayment, dated ............, ........, and served

25  on the undersigned on ............, ........, and that the

26  time within which you may file suit to enforce your claim is

27  limited to 60 days after the date of service of this notice.

28

29         DATED on ............, .........

30

31

                                  10

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  Signed:...(Contractor or Attorney)...

 2

 3

 4  The claim of any claimant upon whom such notice is served and

 5  who fails to institute a suit to enforce his or her claim

 6  against the payment bond within 60 days after service of such

 7  notice shall be extinguished automatically. The clerk shall

 8  mail a copy of the notice of contest to the claimant at the

 9  address shown in the notice of nonpayment or most recent

10  amendment thereto and shall certify to such service on the

11  face of such notice and record the notice. Service is complete

12  upon mailing.

13         2.  A claimant, except a laborer, who is not in privity

14  with the contractor shall, before commencing or not later than

15  45 days after commencing to furnish labor, materials, or

16  supplies for the prosecution of the work, furnish the

17  contractor with a notice that he or she intends to look to the

18  bond for protection. A claimant who is not in privity with the

19  contractor and who has not received payment for his or her

20  labor, materials, or supplies shall deliver to the contractor

21  and to the surety written notice of the performance of the

22  labor or delivery of the materials or supplies and of the

23  nonpayment. The notice of nonpayment may be served at any time

24  during the progress of the work or thereafter but not before

25  45 days after the first furnishing of labor, services, or

26  materials, and not later than 90 days after the final

27  furnishing of the labor, services, or materials by the

28  claimant or, with respect to rental equipment, not later than

29  90 days after the date that the rental equipment was last on

30  the job site available for use. No action for the labor,

31  materials, or supplies may be instituted against the

                                  11

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  contractor or the surety unless both notices have been given.

 2  Notices required or permitted under this section may be served

 3  in accordance with s. 713.18. An action, except for an action

 4  exclusively for recovery of retainage, must be instituted

 5  against the contractor or the surety on the payment bond or

 6  the payment provisions of a combined payment and performance

 7  bond within 1 year after the performance of the labor or

 8  completion of delivery of the materials or supplies. An action

 9  exclusively for recovery of retainage must be instituted

10  against the contractor or the surety within 1 year after the

11  performance of the labor or completion of delivery of the

12  materials or supplies, or within 90 days after the

13  contractor's receipt of final payment (or the payment estimate

14  containing the owner's final reconciliation of quantities if

15  no further payment is earned and due as a result of deductive

16  adjustments) by the contractor or surety, whichever comes

17  last. A claimant may not waive in advance his or her right to

18  bring an action under the bond against the surety. In any

19  action brought to enforce a claim against a payment bond under

20  this section, the prevailing party is entitled to recover a

21  reasonable fee for the services of his or her attorney for

22  trial and appeal or for arbitration, in an amount to be

23  determined by the court, which fee must be taxed as part of

24  the prevailing party's costs, as allowed in equitable actions.

25  The time periods for service of a notice of nonpayment or for

26  bringing an action against a contractor or a surety shall be

27  measured from the last day of furnishing labor, services, or

28  materials by the claimant and shall not be measured by other

29  standards, such as the issuance of a certificate of occupancy

30  or the issuance of a certificate of substantial completion.

31         Section 8.  Subsections (14) through (26) of section

                                  12

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  633.021, Florida Statutes, are renumbered as subsections (15)

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

 3  section, to read:

 4         633.021  Definitions.--As used in this chapter:

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

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

 7  of pipe, hanger locations, and hydraulic calculations in

 8  accordance with the design concepts established through the

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

10         Section 9.  Subsections (1) and (3) of section 471.025,

11  Florida Statutes, are amended to read:

12         471.025  Seals.--

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

14  to be used by registrants holding valid certificates of

15  registration.  Each registrant shall obtain an impression-type

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

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

18  282.70-282.75.  All final drawings, specifications, plans,

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

20  being filed for public record and all final bid documents

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

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

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

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

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

26  documents prepared or issued by a registrant may be

27  transmitted electronically and may be signed by the

28  registrant, dated, and stamped electronically with said seal

29  in accordance with ss. 282.70-282.75.

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

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

                                  13

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





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

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

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

 4  therein.

 5         Section 10.  Section 468.619, Florida Statutes, is

 6  created to read:

 7         468.619  Building code enforcement officials' bill of

 8  rights.--

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

10  code enforcement officials are employed by local jurisdictions

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

12  duties and are in that way similar to law enforcement

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

14  further finding of the Legislature that building code

15  enforcement officials are thereby sufficiently distinguishable

16  from other professionals regulated by the department so that

17  their circumstances merit additional specific protections in

18  the course of disciplinary investigations and proceedings

19  against their licenses.

20         (2)  All enforcement officials licensed under this part

21  shall have the rights and privileges specified in this

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

23  enforcement official does not forfeit any rights otherwise

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

25  conflict between a provision of this section and a provision

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

27  the provision of chapter 455.

28         (3)  Whenever an enforcement official is subjected to

29  an investigative interview for possible disciplinary action by

30  the department, such interview shall be conducted pursuant to

31  the requirements of this subsection.

                                  14

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





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

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

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

 4  any other mutually agreeable location or time.

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

 6  interview without first receiving written notice of sufficient

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

 8  the nature of the investigation and of the substance of the

 9  allegations made. The enforcement official shall be informed

10  prior to the interview whether the complaint originated from

11  the department or from a consumer.

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

13  under investigation shall have the right to be represented by

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

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

16  wishes during the interview.

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

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

19  or reward offered to the enforcement official as an inducement

20  to answer any question.

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

22  interview of an enforcement official, including notation of

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

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

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

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

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

28  available to the enforcement official no later than 72 hours

29  following the interview, excluding holidays and weekends.  The

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

31  enforcement official.

                                  15

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





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

 2  must be furnished to the enforcement official for examination,

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

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

 5  substance that the enforcement official wants to make shall be

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

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

 8  Any transcript of an interview with an enforcement official

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

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

11  enforcement official.

12         (4)  The investigation of a complaint against an

13  enforcement official is subject to the time restrictions set

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

15  restriction set forth in this subsection shall result in

16  dismissal of the complaint against the enforcement official.

17  An investigation of a complaint against an enforcement

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

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

20  However, in any instance of an additional complaint being

21  initiated, information or investigation related to the

22  dismissed complaint may be used.

23         (a)  The department must inform the enforcement

24  official of any legally sufficient complaint received,

25  including the substance of the allegation, within 10 days

26  after receipt of the complaint by the department.

27         (b)  The enforcement official shall be given thirty

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

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

30  receipt of the complaint, the department shall submit the

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

                                  16

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





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

 2  complete, the probable cause panel shall review and instruct

 3  the department to complete the investigation within a time

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

 5  dismiss the complaint with prejudice.

 6         (5)  The enforcement official shall be considered an

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

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

 9  the department or the board, provided the enforcement official

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

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

12  disciplinary action in regard to his or her certification for

13  exercising his or her rights under this section.

14         (7)  If any action taken against the enforcement

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

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

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

18  department or the board, or the assignee of the department or

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

20  employer, as appropriate, for reasonable legal costs and

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

22  not exceed the limit provided in s. 120.595.

23         (8)  An enforcement official may bring civil suit

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

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

26  for damages, either pecuniary or otherwise, suffered pursuant

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

28  abridgement of the enforcement official's civil rights arising

29  out of the enforcement official's performance of official

30  duties.

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

                                  17

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1  under investigation the enforcement official shall not be

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

 3  good standing.

 4

 5

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

 7  And the title is amended as follows:

 8         On page 1, line 2, after the semicolon

 9

10  insert:

11         amending s. 218.72, F.S.; redefining the terms

12         "local government entity," "purchase," and

13         "construction services" and defining the terms

14         "payment request" and "agent" for the purpose

15         of the Florida Prompt Payment Act; amending s.

16         218.73, F.S.; providing for timely payment for

17         nonconstruction services; amending s. 218.735,

18         F.S.; revising language with respect to timely

19         payment for purchases of construction services;

20         amending s. 218.74, F.S.; revising language

21         with respect to procedures for calculation of

22         payment due dates; amending s. 218.75, F.S.;

23         revising language with respect to mandatory

24         interest; amending s. 218.76, F.S.; revising

25         language with respect to improper invoices and

26         resolution of disputes; providing for the

27         recovery of court costs and attorney's fees

28         under certain circumstances; amending s.

29         255.05, F.S.; revising language with respect to

30         the bond of a contractor constructing public

31         buildings; amending s. 471.025, F.S.; adding a

                                  18

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853




                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2239

    Amendment No.     (for drafter's use only)





 1         circumstance under which engineering documents

 2         must be sealed; amending s. 633.021, F.S.;

 3         adding a definition of "layout";

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  19

    File original & 9 copies    04/27/00
    hbd0011                     11:37 am         02239-0001-770853