House Bill 2239

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    Florida House of Representatives - 2000                HB 2239

        By the Committee on Business Regulation & Consumer Affairs
    and Representatives Ogles, Cantens, Futch, Greenstein, J.
    Miller and Brown




  1                      A bill to be entitled

  2         An act relating to construction; creating s.

  3         468.619, F.S.; establishing a building code

  4         enforcement officials' bill of rights to

  5         provide special procedures for the

  6         investigation of complaints against such

  7         officials; amending s. 468.603, F.S.; providing

  8         for consistency in terminology; defining the

  9         term "building code enforcement official";

10         amending s. 468.609, F.S.; revising intent with

11         respect to the examination required for

12         certification as a building code administrator,

13         plans examiner, or building code inspector;

14         increasing the validity period of a provisional

15         certificate; clarifying to whom a provisional

16         certificate may be issued; authorizing newly

17         employed or hired persons applying for

18         provisional certification to perform for a

19         specified period the duties of a plans examiner

20         or building code inspector under the direct

21         supervision of a building code administrator

22         holding limited or provisional certification in

23         counties with populations below a specified

24         level and the municipalities therein; deleting

25         obsolete standard certificate equivalency

26         provisions; providing for consistency in

27         terminology; amending ss. 112.3145, 125.56,

28         212.08, 252.924, 404.056, 468.604, 468.605,

29         468.607, 468.617, 468.621, 468.627, 468.631,

30         468.633, 471.045, 481.222, and 489.103, F.S.;

31         providing for consistency in terminology;

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

  2         of work of commercial and residential pool/spa

  3         contractors and swimming pool/spa servicing

  4         contractors; amending s. 489.107, F.S.;

  5         requiring the offices of the Construction

  6         Industry Licensing Board to be in Leon County;

  7         amending s. 489.128, F.S.; eliminating an

  8         exemption from a provision invalidating

  9         contracts with unlicensed contractors; amending

10         s. 489.503, F.S.; revising exemptions from

11         regulation under pt. II, ch. 489, F.S.,

12         relating to electrical and alarm system

13         contracting; amending s. 489.514, F.S.;

14         revising grandfathering provisions for

15         certification of registered electrical and

16         alarm system contractors; amending s. 489.5185,

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

18         monitoring are not required to complete the

19         training required for fire alarm system agents;

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

21         requirements when a qualifying agent ceases to

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

23         providing penalties for violations by

24         unlicensed persons of acts prohibited under pt.

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

26         alarm system contracting; amending s. 489.532,

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

28         invalidating contracts with unlicensed

29         contractors; repealing s. 489.537(8), F.S.,

30         relating to obsolete provisions for the

31         registration of alarm system contractors;

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  1         amending ss. 489.505 and 489.515, F.S.;

  2         deleting cross references, to conform;

  3         providing an effective date.

  4

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

  6

  7         Section 1.  Section 468.619, Florida Statutes, is

  8  created to read:

  9         468.619  Building code enforcement officials' bill of

10  rights.--

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

12  code enforcement officials are employed by local jurisdictions

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

14  duties and are in that way similar to law enforcement

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

16  further finding of the Legislature that building code

17  enforcement officials are thereby sufficiently distinguishable

18  from other professionals regulated by the department so that

19  their circumstances merit additional specific protections in

20  the course of disciplinary investigations and proceedings

21  against their licenses.

22         (2)  All enforcement officials licensed under this part

23  shall have the rights and privileges specified in this

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

25  enforcement official does not forfeit any rights otherwise

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

27  conflict between a provision of this section and a provision

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

29  the provision of chapter 455.

30         (3)  Whenever an enforcement official is subjected to

31  an investigative interview for possible disciplinary action,

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  1  such interview shall be conducted pursuant to the requirements

  2  of this subsection.

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

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

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

  6  any other mutually agreeable location or time.

  7         (b)  Prior to the investigation proceeding to the

  8  interview stage, or to any hearing, legal sufficiency must be

  9  found and asserted by the department.

10         (c)  An enforcement official may not be subjected to an

11  interview without first receiving written notice of sufficient

12  details of the investigation in order to be reasonably

13  apprised of the nature of the investigation and of the

14  substance of the allegations made. The enforcement official

15  shall be informed prior to the interview whether the complaint

16  originated from the department or from a consumer.

17         (d)  At his or her request, an enforcement official

18  under investigation shall have the right to be represented by

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

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

21  wishes during the interview.

22         (e)  During the interview, the enforcement official may

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

24  or reward offered to the enforcement official as an inducement

25  to answer any question.

26         (f)  The interview of an enforcement official,

27  including notation of all recess periods, must be recorded on

28  audio tape, or otherwise preserved in such a manner as to

29  allow a transcript to be prepared, and there shall be no

30  unrecorded questions or statements. Upon the request of the

31  enforcement official, a copy of any such recording of the

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  1  interview must be made available to the enforcement official

  2  no later than 72 hours following the interview, excluding

  3  holidays and weekends.

  4         (g)  If the testimony is transcribed, the transcript

  5  must be furnished to the enforcement official for examination,

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

  7  waived by the parties involved. Any changes in form or

  8  substance that the enforcement official wants to make shall be

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

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

11  Any transcript of an interview with an enforcement official

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

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

14  enforcement official.

15         (4)  The investigation of a complaint against an

16  enforcement official is subject to the time restrictions set

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

18  restriction set forth in this subsection shall result in

19  dismissal of the complaint against the enforcement official.

20  An investigation of a complaint against an enforcement

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

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

23  However, in any instance of an additional complaint being made

24  by a consumer, information or investigation related to the

25  dismissed complaint may be used.

26         (a)  The department must inform the enforcement

27  official of any legally sufficient complaint received,

28  including the substance of the allegation, within 10 days

29  after receipt of the complaint by the department.

30

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  1         (b)  The enforcement official shall be given a

  2  reasonable amount of time to respond to any legally sufficient

  3  complaint, but such time may not be less than 20 days.

  4         (c)  The department shall inform the enforcement

  5  official within 60 days after receipt of the complaint of its

  6  findings to date and of its preliminary intention to proceed

  7  to a probable cause hearing or to close the investigation

  8  without proceeding to a probable cause hearing.

  9         (d)  From the date of receipt of the complaint, the

10  department may take no longer than 180 days to complete its

11  investigation and either proceed to a probable cause hearing

12  or close the investigation without proceeding to a probable

13  cause hearing.

14         (5)  The enforcement official shall have the right to

15  obtain a copy of the investigative file at least 20 days prior

16  to a probable cause hearing and shall be allowed to present

17  written, audio, or video material to the department to be

18  included in the probable cause hearing, so long as the

19  submission is made at least 10 days prior to the date the

20  probable cause panel convenes. Material provided less than 10

21  days prior to the hearing may be provided to the probable

22  cause panel if such provision is physically and

23  administratively possible.

24         (6)  The enforcement official shall be considered an

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

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

27  the department or the board, provided the enforcement official

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

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

30  disciplinary action in regard to his or her certification for

31  exercising his or her rights under this section.

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  1         (8)  If any action taken against the enforcement

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

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

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

  5  department or the board, or the assignee of the department or

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

  7  employer, as appropriate, for all legal costs incurred.

  8         (9)  An enforcement official may bring civil suit

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

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

11  for damages, either pecuniary or otherwise, suffered pursuant

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

13  abridgement of the enforcement official's civil rights arising

14  out of the enforcement official's performance of official

15  duties.

16         Section 2.  Subsections (2) and (6) of section 468.603,

17  Florida Statutes, are amended, and subsection (8) is added to

18  said section, to read:

19         468.603  Definitions.--As used in this part:

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

21  of those employees of local governments or state agencies with

22  building construction regulation responsibilities who

23  themselves conduct inspections of building construction,

24  erection, repair, addition, or alteration projects that

25  require permitting indicating compliance with building,

26  plumbing, mechanical, electrical, gas, fire prevention,

27  energy, accessibility, and other construction codes as

28  required by state law or municipal or county ordinance.

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

30  the following:

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

  2  qualified to inspect and determine that buildings and

  3  structures are constructed in accordance with the provisions

  4  of the governing building codes and state accessibility laws.

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

  6  who is qualified to inspect and determine that buildings and

  7  structures are constructed to resist near-hurricane and

  8  hurricane velocity winds in accordance with the provisions of

  9  the governing building code.

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

11  who is qualified to inspect and determine the electrical

12  safety of commercial buildings and structures by inspecting

13  for compliance with the provisions of the National Electrical

14  Code.

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

16  who is qualified to inspect and determine the electrical

17  safety of one and two family dwellings and accessory

18  structures by inspecting for compliance with the applicable

19  provisions of the governing electrical code.

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

21  qualified to inspect and determine that the mechanical

22  installations and systems for buildings and structures are in

23  compliance with the provisions of the governing mechanical

24  code.

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

26  qualified to inspect and determine that the plumbing

27  installations and systems for buildings and structures are in

28  compliance with the provisions of the governing plumbing code.

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

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

31  two family dwellings and accessory structures are constructed

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  1  in accordance with the provisions of the governing building,

  2  plumbing, mechanical, accessibility, and electrical codes.

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

  4  qualified to inspect and determine the electrical safety of

  5  commercial and residential buildings and accessory structures

  6  by inspecting for compliance with the provisions of the

  7  National Electrical Code.

  8         (8)  "Building code enforcement official" or

  9  "enforcement official" means a licensed building code

10  administrator, building code inspector, or plans examiner.

11         Section 3.  Section 468.604, Florida Statutes, is

12  amended to read:

13         468.604  Responsibilities of building code

14  administrators, plans examiners, and building code

15  inspectors.--

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

17  administrator or building official to administrate, supervise,

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

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

20  structures and the installation of building systems within the

21  boundaries of their governmental jurisdiction, when permitting

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

23  mechanical, electrical, gas fuel, energy conservation,

24  accessibility, and other construction codes which are required

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

26  The building code administrator or building official shall

27  faithfully perform these responsibilities without interference

28  from any person. These responsibilities include:

29         (a)  The review of construction plans to ensure

30  compliance with all applicable codes. The construction plans

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

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  1  installation, or other construction permit. The review of

  2  construction plans must be done by the building code

  3  administrator or building official or by a person having the

  4  appropriate plans examiner license issued under this chapter.

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

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

  7  building code administrator or building official, or a person

  8  having the appropriate building code inspector license issued

  9  under this chapter, shall inspect the construction or

10  installation to ensure that the work is performed in

11  accordance with applicable codes.

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

13  inspector to conduct inspections of construction, alteration,

14  repair, remodeling, or demolition of structures and the

15  installation of building systems, when permitting is required,

16  to ensure compliance with building, plumbing, mechanical,

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

18  other construction codes required by municipal code, county

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

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

21  The building code inspector's responsibilities must be

22  performed under the direction of the building code

23  administrator or building official without interference from

24  any unlicensed person.

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

26  conduct review of construction plans submitted in the permit

27  application to assure compliance with all applicable codes

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

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

30  code administrator or building official or by a person

31  licensed in the appropriate plans examiner category as defined

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

  2  performed under the supervision and authority of the building

  3  code administrator or building official without interference

  4  from any unlicensed person.

  5         Section 4.  Paragraph (c) of subsection (2) of section

  6  468.605, Florida Statutes, is amended to read:

  7         468.605  Florida Building Code Administrators and

  8  Inspectors Board.--

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

10  follows:

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

12

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

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

15  state governmental agency.

16         Section 5.  Section 468.607, Florida Statutes, is

17  amended to read:

18         468.607  Certification of building code administration

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

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

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

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

23  may be employed by a state agency or local governmental

24  authority to perform the duties of a building code

25  administrator, plans examiner, or building code inspector

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

27  certificate issued in accordance with the provisions of this

28  part.

29         Section 6.  Section 468.609, Florida Statutes, is

30  amended to read:

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  1         468.609  Administration of this part; standards for

  2  certification; additional categories of certification.--

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

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

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

  6  certification examination.

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

  8  for certification as a building code an inspector or plans

  9  examiner pursuant to this part if the person:

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

11         (b)  Is of good moral character; and

12         (c)  Meets eligibility requirements according to one of

13  the following criteria:

14         1.  Demonstrates 5 years' combined experience in the

15  field of construction or a related field, building code

16  inspection, or plans review corresponding to the certification

17  category sought;

18         2.  Demonstrates a combination of postsecondary

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

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

21  total being experience in construction, building code

22  inspection, or plans review;

23         3.  Demonstrates a combination of technical education

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

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

26  experience in construction, building code inspection, or plans

27  review; or

28         4.  Currently holds a standard certificate as issued by

29  the board and satisfactorily completes a building code an

30  inspector or plans examiner training program of not less than

31  200 hours in the certification category sought. The board

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  1  shall establish by rule criteria for the development and

  2  implementation of the training programs.

  3         (d)  Demonstrates successful completion of the core

  4  curriculum and specialized or advanced module coursework

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

  6  Building Code Training Program established pursuant to s.

  7  553.841, appropriate to the licensing category sought or,

  8  pursuant to authorization by the certifying authority,

  9  provides proof of completion of such curriculum or coursework

10  within 6 months after such certification.

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

12  for certification as a building code administrator pursuant to

13  this part if the person:

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

15         (b)  Is of good moral character; and

16         (c)  Meets eligibility requirements according to one of

17  the following criteria:

18         1.  Demonstrates 10 years' combined experience as an

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

20  registered or certified contractor, or construction

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

22  supervisory positions; or

23         2.  Demonstrates a combination of postsecondary

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

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

26  an architect, engineer, plans examiner, building code

27  inspector, registered or certified contractor, or construction

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

29  such total being experience in supervisory positions.

30         (d)  Demonstrates successful completion of the core

31  curriculum and specialized or advanced module coursework

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

  2  Building Code Training Program established pursuant to s.

  3  553.841, appropriate to the licensing category sought or,

  4  pursuant to authorization by the certifying authority,

  5  provides proof of completion of such curriculum or coursework

  6  within 6 months after such certification.

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

  8  code administrator, plans examiner, or building code inspector

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

10  person possesses one of the following types of certificates,

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

12  qualifications to hold such position:

13         (a)  A standard certificate.

14         (b)  A limited certificate.

15         (c)  A provisional certificate.

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

17  must pass an examination approved by the board which

18  demonstrates that the applicant has fundamental knowledge of

19  the state laws and codes relating to the construction of

20  buildings for which the applicant has building code

21  administration, plans examination examining, or building code

22  inspection responsibilities.  It is the intent of the

23  Legislature that the examination approved for certification

24  pursuant to this part be substantially equivalent to the

25  examinations administered by the Southern Building Code

26  Congress International or the International Code Council, the

27  Building Officials Association of Florida, the South Florida

28  Building Code (Dade and Broward), and the Council of American

29  Building Officials.

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

31  applicant who successfully completes the examination, which

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  1  certificate authorizes the individual named thereon to

  2  practice throughout the state as a building code

  3  administrator, plans examiner, or building code inspector

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

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

  6  passed an examination which is substantially equivalent to the

  7  board-approved examination set forth in this section.

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

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

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

11  condition of tenure or continued employment, but shall be

12  required to obtain a limited certificate as described in this

13  subsection.

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

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

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

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

18  employment, shall submit to the board the appropriate

19  application and certification fees and shall receive a limited

20  certificate qualifying them to engage in building code

21  administration, plans examination, or building code inspection

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

23  governmental jurisdiction in which such person is employed.

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

25  authorization for the building code administrator, plans

26  examiner, or building code inspector to continue in the

27  position held, and to continue performing all functions

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

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

30  building code inspector holding a limited certificate can be

31  promoted to a position requiring a higher level certificate

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  1  only upon issuance of a standard certificate or provisional

  2  certificate appropriate for such new position.

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

  4  provisional certificates valid for such period, not less than

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

  6  rule, to any newly employed or promoted building code

  7  inspector or plans examiner who meets the eligibility

  8  requirements described in subsection (2) and any newly

  9  employed or promoted building code administrator who meets the

10  eligibility requirements described in subsection (3) building

11  code administrator, plans examiner, or inspector.

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

13  building code inspector may have a provisional certificate

14  extended beyond the specified period by renewal or otherwise.

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

16  provisional certificates and may issue these certificates with

17  such special conditions or requirements relating to the place

18  of employment of the person holding the certificate, the

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

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

21  the public safety and health.

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

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

24  days if a provisional certificate application has been

25  submitted, provided such person is under the direct

26  supervision of a certified building code administrator who

27  holds a standard certification and who has found such person

28  qualified for a provisional certificate. However, direct

29  supervision and the determination of qualifications under this

30  paragraph may be provided by a building code administrator who

31  holds a limited or provisional certificate in any county with

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

  2  located within such a county.

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

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

  5  completed all requirements for certification pursuant to such

  6  section, shall be deemed to have satisfied the requirements

  7  for receiving a standard certificate prescribed by this part.

  8         (b)  Any individual who holds a valid certificate

  9  issued by the Southern Building Code Congress International,

10  the Building Officials Association of Florida, the South

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

12  American Building Officials certification programs, or who has

13  been approved for certification under one of those programs

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

15  satisfied the requirements for receiving a standard

16  certificate in the corresponding category prescribed by this

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

18  50,000, or employees of municipalities with a population of

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

20  requirements for standard certification where such employee is

21  approved for certification under one of the programs set forth

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

23         (8)(9)  Any individual applying to the board may be

24  issued a certificate valid for multiple building code

25  inspection classes, as deemed appropriate by the board.

26         (9)(10)  Certification and training classes may be

27  developed in coordination with degree career education

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

29  other entities offering certification and training classes.

30         (10)(11)  The board may by rule create categories of

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

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

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

  3  created by statute.

  4         Section 7.  Section 468.617, Florida Statutes, is

  5  amended to read:

  6         468.617  Joint building code inspection department;

  7  other arrangements.--

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

  9  jurisdiction from entering into and carrying out contracts

10  with any other local jurisdiction under which the parties

11  agree to create and support a joint building code inspection

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

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

14  jurisdiction may designate a building code an inspector from

15  another local jurisdiction to serve as a building code an

16  inspector for the purposes of this part.

17         (2)  Nothing in this part shall prohibit local

18  governments from contracting with persons certified pursuant

19  to this part to perform building code inspections or plan

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

21  plans on projects in which the individual or entity designed

22  or permitted the projects.

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

24  municipal government from entering into any contract with any

25  person or entity for the provision of building code inspection

26  services regulated under this part, and notwithstanding any

27  other statutory provision, such county or municipal

28  governments may enter into contracts.

29         Section 8.  Subsection (3) of section 468.621, Florida

30  Statutes, is amended to read:

31         468.621  Disciplinary proceedings.--

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

  2  probation, or has conditions imposed, the board shall

  3  reinstate the certificate of a disciplined building code

  4  administrator, plans examiner, or building code inspector upon

  5  proof the disciplined individual has complied with all terms

  6  and conditions set forth in the final order.

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

  8  468.627, Florida Statutes, are amended to read:

  9         468.627  Application; examination; renewal; fees.--

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

11  building code administrators, plans examiners, or building

12  code inspectors.

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

14  for building code administrators, plans examiners, or building

15  code inspectors.

16         (4)  Employees of local government agencies having

17  responsibility for building code inspection, building

18  construction regulation, and enforcement of building,

19  plumbing, mechanical, electrical, gas, fire prevention,

20  energy, accessibility, and other construction codes shall pay

21  no application fees or examination fees.

22         Section 10.  Section 468.631, Florida Statutes, is

23  amended to read:

24         468.631  Building Code Administrators and Inspectors

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

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

27  166.201 at the rate of one-half cent per square foot of

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

29  renovations, alterations, and additions.  The unit of

30  government responsible for collecting permit fees pursuant to

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

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  1  shall remit the funds to the department on a quarterly

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

  3  the preceding quarter, and continuing each third month

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

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

  6  and activities intended to improve the quality of building

  7  code enforcement.  There is created within the Professional

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

  9  Building Code Administrators and Inspectors Fund, which shall

10  deposit and disburse funds as necessary for the implementation

11  of this part. The department shall annually establish the

12  amount needed to fund the certification and regulation of

13  building code administrators, plans examiners, and building

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

15  needed to adequately fund the certification and regulation of

16  building code administrators, plans examiners, and building

17  code inspectors shall be deposited into the Construction

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

19  Construction Industries Recovery Fund is fully funded as

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

21  distributed to the Construction Industry Licensing Board for

22  use in the regulation of certified and registered contractors.

23         Section 11.  Subsection (1) of section 468.633, Florida

24  Statutes, is amended to read:

25         468.633  Authority of local government.--

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

27  the authority of local governments to require as a condition

28  of employment that building code administrators, plans

29  examiners, and building code inspectors possess qualifications

30  beyond the requirements for certification contained in this

31  part.

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  1         Section 12.  Paragraph (a) of subsection (1) of section

  2  112.3145, Florida Statutes, is amended to read:

  3         112.3145  Disclosure of financial interests and clients

  4  represented before agencies.--

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

  6  otherwise requires, the term:

  7         (a)  "Local officer" means:

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

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

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

11  elective office.

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

13  authority, including any expressway authority or

14  transportation authority established by general law; community

15  college district board of trustees; or council of any

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

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

18  or natural resources responsibilities shall not be considered

19  an advisory body.

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

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

22  employee of a county, municipality, or other political

23  subdivision; county or municipal attorney; chief county or

24  municipal building code inspector; county or municipal water

25  resources coordinator; county or municipal pollution control

26  director; county or municipal environmental control director;

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

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

29  municipal clerk; district school superintendent; community

30  college president; district medical examiner; or purchasing

31  agent having the authority to make any purchase exceeding the

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

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

  3  entity thereof.

  4         Section 13.  Subsection (3) of section 125.56, Florida

  5  Statutes, is amended to read:

  6         125.56  Adoption or amendment of building code;

  7  inspection fees; inspectors; etc.--

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

  9  several counties may employ a building code inspector and such

10  other personnel as it deems necessary to carry out the

11  provisions of this act and may pay reasonable salaries for

12  such services.

13         Section 14.  Paragraph (g) of subsection (5) of section

14  212.08, Florida Statutes, is amended to read:

15         212.08  Sales, rental, use, consumption, distribution,

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

17  the rental, the use, the consumption, the distribution, and

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

19  following are hereby specifically exempt from the tax imposed

20  by this chapter.

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

22         (g)  Building materials used in the rehabilitation of

23  real property located in an enterprise zone.--

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

25  the rehabilitation of real property located in an enterprise

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

27  an affirmative showing to the satisfaction of the department

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

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

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

31  or lessor of the rehabilitated real property located in an

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  1  enterprise zone only through a refund of previously paid

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

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

  4  located in an enterprise zone must file an application under

  5  oath with the governing body or enterprise zone development

  6  agency having jurisdiction over the enterprise zone where the

  7  business is located, as applicable, which includes:

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

  9  refund.

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

11  rehabilitated real property in an enterprise zone for which a

12  refund of previously paid taxes is being sought.

13         c.  A description of the improvements made to

14  accomplish the rehabilitation of the real property.

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

16  rehabilitation of the real property.

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

18  from the general contractor licensed in this state with whom

19  the applicant contracted to make the improvements necessary to

20  accomplish the rehabilitation of the real property, which

21  statement lists the building materials used in the

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

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

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

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

26  information in a sworn statement, under the penalty of

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

28  the building materials used in such rehabilitation and the

29  payment of sales tax on the building materials shall be

30  attached to the sworn statement provided by the general

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

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  1  building materials used in the rehabilitation of real property

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

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

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

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

  6  purposes.

  7         f.  The identifying number assigned pursuant to s.

  8  290.0065 to the enterprise zone in which the rehabilitated

  9  real property is located.

10         g.  A certification by the local building code

11  inspector that the improvements necessary to accomplish the

12  rehabilitation of the real property are substantially

13  completed.

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

15  by s. 288.703(1).

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

17  permanent employee of the business, including, for each

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

19  identifying number assigned pursuant to s. 290.0065 to the

20  enterprise zone in which the employee resides.

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

22  governmental agency through a refund of previously paid taxes

23  if the building materials used in the rehabilitation of real

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

25  funds of a community development block grant or similar grant

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

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

28  file an application which includes the same information

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

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

31  the application must include a sworn statement signed by the

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

  2  governmental agency seeking a refund which states that the

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

  4  from the funds of a community development block grant or

  5  similar grant or loan program.

  6         3.  Within 10 working days after receipt of an

  7  application, the governing body or enterprise zone development

  8  agency shall review the application to determine if it

  9  contains all the information required pursuant to subparagraph

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

11  paragraph. The governing body or agency shall certify all

12  applications that contain the information required pursuant to

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

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

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

16  20 percent of the employees of the business are residents of

17  an enterprise zone, excluding temporary and part-time

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

19  of the certification shall be transmitted to the executive

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

21  responsible for forwarding a certified application to the

22  department within the time specified in subparagraph 4.

23         4.  An application for a refund pursuant to this

24  paragraph must be submitted to the department within 6 months

25  after the rehabilitation of the property is deemed to be

26  substantially completed by the local building code inspector.

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

28  refund application made pursuant to this paragraph. No more

29  than one exemption through a refund of previously paid taxes

30  for the rehabilitation of real property shall be permitted for

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

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  1  pursuant to this paragraph unless the amount to be refunded

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

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

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

  5  rehabilitation of the real property as determined pursuant to

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

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

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

  9  the amount of refund granted pursuant to this paragraph shall

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

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

12  approved pursuant to this paragraph shall be made within 30

13  days of formal approval by the department of the application

14  for the refund.

15         6.  The department shall adopt rules governing the

16  manner and form of refund applications and may establish

17  guidelines as to the requisites for an affirmative showing of

18  qualification for exemption under this paragraph.

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

20  percent of each refund granted under the provisions of this

21  paragraph from the amount transferred into the Local

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

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

24  property is located and shall transfer that amount to the

25  General Revenue Fund.

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

27  paragraph:

28         a.  "Building materials" means tangible personal

29  property which becomes a component part of improvements to

30  real property.

31

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

  2  s. 192.001(12).

  3         c.  "Rehabilitation of real property" means the

  4  reconstruction, renovation, restoration, rehabilitation,

  5  construction, or expansion of improvements to real property.

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

  7  provided in s. 192.042(1).

  8         9.  The provisions of this paragraph shall expire and

  9  be void on December 31, 2005.

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

11  252.924, Florida Statutes, is amended to read:

12         252.924  Party state responsibilities.--

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

14  request assistance of another party state by contacting the

15  authorizing representative of that state.  The provisions of

16  this agreement shall only apply to requests for assistance

17  made by and to authorized representatives.  Requests may be

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

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

20  Requests shall provide the following information:

21         (a)  A description of the emergency service function

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

23  fire services, law enforcement, emergency medical,

24  transportation, communications, public works and engineering,

25  building code inspection, planning and information assistance,

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

27  search and rescue.

28         Section 16.  Paragraph (j) of subsection (3) of section

29  404.056, Florida Statutes, is amended to read:

30         404.056  Environmental radiation standards and

31  programs; radon protection.--

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  1         (3)  CERTIFICATION.--

  2         (j)  The department may set criteria and requirements

  3  for the application, certification, and annual renewal of

  4  certification for radon measurement and mitigation businesses,

  5  which may include:

  6         1.  Requirements for measurement devices and

  7  measurement procedures, including the disclosure of mitigation

  8  materials, systems, and other mitigation services offered.

  9         2.  The identification of certified specialists and

10  technicians employed by the business and requirements for

11  specialist staffing and duties.

12         3.  The analysis of measurement devices by proficient

13  analytical service providers.

14         4.  Requirements for a quality assurance and quality

15  control program.

16         5.  The disclosure of client measurement reporting

17  forms and warranties and operating instructions for mitigation

18  systems.

19         6.  Requirements for radon services publications and

20  the identification of the radon business certification number

21  in advertisements.

22         7.  Requirements for a worker health and safety

23  program.

24         8.  Requirements for maintaining radon records.

25         9.  The operation of branch office locations.

26         10.  Requirements for supervising subcontractors who

27  install mitigation systems.

28         11.  Requirements for building code inspections and

29  evaluation and standards for the design and installation of

30  mitigation systems.

31         12.  Prescribing conditions of mitigation measurements.

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  1         Section 17.  Section 471.045, Florida Statutes, is

  2  amended to read:

  3         471.045  Professional engineers performing building

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

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

  6  practice as a professional engineer may provide building code

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

  8  local government or state agency upon its request, without

  9  being certified by the Florida Building Code Administrators

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

11  performing these building code inspection services, the

12  professional engineer is subject to the disciplinary

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

14  complaint processing, investigation, and discipline that arise

15  out of a professional engineer's performing building code

16  inspection services shall be conducted by the Board of

17  Professional Engineers rather than the Florida Building Code

18  Administrators and Inspectors Board. A professional engineer

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

20  government upon any job that the professional engineer or the

21  professional engineer's company designed.

22         Section 18.  Section 481.222, Florida Statutes, is

23  amended to read:

24         481.222  Architects performing building code inspector

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

26  who is currently licensed to practice as an architect under

27  this part may provide building code inspection services

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

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

30  Florida Building Code Administrators and Inspectors Board

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

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  1  of such building code inspection services, the architect is

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

  3  468.621(1)(c)-(h). Any complaint processing, investigation,

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

  5  building code inspection services shall be conducted by the

  6  Board of Architecture and Interior Design rather than the

  7  Florida Building Code Administrators and Inspectors Board. An

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

  9  local government upon any job that the architect or the

10  architect's company designed.

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

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

13         489.103  Exemptions.--This part does not apply to:

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

15  residence constructed by Habitat for Humanity International,

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

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

18         (b)  Obtain all required building code inspections.

19         Section 20.  Paragraphs (j), (k), and (l) of subsection

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

21         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

28  building or structure, including related improvements to real

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

30  scope is substantially similar to the job scope described in

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

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

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

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

  4  in height, other than buildings or residences over three

  5  stories tall; and buildings or residences over three stories

  6  tall. Contractors are subdivided into two divisions, Division

  7  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

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

15  including the installation, repair, or replacement of existing

16  equipment, any cleaning or equipment sanitizing which requires

17  at least a partial disassembling, excluding filter changes,

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

19  finishes, the installation of package pool heaters, the

20  installation of all perimeter piping and filter piping, and

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

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

23  layout, excavation, operation of construction pumps for

24  dewatering purposes, steelwork, installation of light niches,

25  construction of floors, guniting, fiberglassing, installation

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

27  piping, installation of all filter equipment and chemical

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

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

30  equipment, and installation of package pool heaters and also

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

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

  2  direct connections to a sanitary sewer system or to potable

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

  4  replacement of equipment permanently attached to and

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

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

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

  8  treatment or cleaning shall not require licensure unless the

  9  usage involves construction, modification, or replacement of

10  such equipment.  Water treatment that does not require such

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

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

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

14  pool or spa or its associated equipment.

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

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

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

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

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

20  replacement of existing equipment, any cleaning or equipment

21  sanitizing which requires at least a partial disassembling,

22  excluding filter changes, and or the installation of new

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

24  package pool heaters, the installation of all perimeter piping

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

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

27  such work includes layout, excavation, operation of

28  construction pumps for dewatering purposes, steelwork,

29  installation of light niches, construction of floors,

30  guniting, fiberglassing, installation of tile and coping,

31  installation of all perimeter and filter piping, installation

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

  2  plastering of the interior, construction of decks,

  3  installation of housing for pool equipment, and installation

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

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

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

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

  8  construction, modification, or replacement of equipment

  9  permanently attached to and associated with the pool or spa

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

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

12  for the purposes of water treatment or cleaning shall not

13  require licensure unless the usage involves construction,

14  modification, or replacement of such equipment.  Water

15  treatment that does not require such equipment does not

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

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

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

19  its associated equipment.

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

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

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

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

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

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

26  replacement and repair of existing equipment, any cleaning or

27  equipment sanitizing which requires at least a partial

28  disassembling, excluding filter changes, and the or

29  installation of new pool/spa additional equipment, interior

30  refinishing, the reinstallation or addition of pool heaters,

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

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  1  reinstallation of tile and coping, repair or and replacement

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

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

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

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

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

  7  sanitary sewer system or to potable water lines filter

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

  9  reconstruction of decks, and reinstallation or addition of

10  pool heaters. The installation, construction, modification,

11  substantial or complete disassembly, or replacement of

12  equipment permanently attached to and associated with the pool

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

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

15  equipment for the purposes of water treatment or cleaning

16  shall not require licensure unless the usage involves

17  construction, modification, substantial or complete

18  disassembly, or replacement of such equipment. Water treatment

19  that does not require such equipment does not require a

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

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

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

23  equipment.

24         Section 21.  Subsection (7) is added to section

25  489.107, Florida Statutes, to read:

26         489.107  Construction Industry Licensing Board.--

27         (7)  Notwithstanding the provisions of s. 20.165(7),

28  the physical offices of the board shall be located in Leon

29  County.

30         Section 22.  Section 489.128, Florida Statutes, is

31  amended to read:

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  1         489.128  Contracts performed by unlicensed contractors

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

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

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

  5  maintain a license in accordance with this part shall be

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

  7  contractor obtains or reinstates his or her license, the

  8  provisions of this section shall no longer apply.

  9         Section 23.  Subsections (12) and (15) of section

10  489.503, Florida Statutes, are amended to read:

11         489.503  Exemptions.--This part does not apply to:

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

13  527 while engaged in work regulated under that chapter.

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

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

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

17  authorized person who:

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

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

20  Health Care Administration;

21         (b)  Performs services for the Department of Elderly

22  Affairs;

23         (c)  Performs services for the Department of Children

24  and Family Services under chapter 410; or

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

26  or distributor for the producer of the personal emergency

27  response system being monitored.

28         Section 24.  Section 489.514, Florida Statutes, is

29  amended to read:

30         (Substantial rewording of section. See

31         s. 489.514, F.S., for present text.)

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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 from the applicant and

  5  compliance of the applicant with this section:

  6         (a)  Issue a certification as an electrical contractor,

  7  as defined in s. 489.505(12), to any applying registered

  8  electrical contractor; or

  9         (b)  Issue a certification as an alarm system

10  contractor, as defined in s. 489.505(21), (22), or (23), as

11  appropriate, to any applying registered alarm system

12  contractor.

13         (2)  Any contractor registered under this part is

14  qualified to receive a certification as set forth in this

15  section, provided the applicant can show that he or she meets

16  the following requirements:

17         (a)  Currently holds a valid registered local license

18  in the category of electrical or alarm system contractor.

19         (b)  Has passed a written, proctored examination that

20  the board finds to be either:

21         1.  Substantially similar to the examination required

22  to be licensed as a certified contractor under this part; or

23         2.  An examination produced by the National Assessment

24  Institute, Block and Associates, or NAI/Block, or an

25  examination substantially similar to one of these three

26  examinations. The board may not impose or make any

27  requirements regarding the nature or content of the National

28  Assessment Institute, Block and Associates, or NAI/Block

29  examination, except that it shall require that the examination

30  passed was a written, proctored examination.

31

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  1         (c)  Has at least 5 years of experience as a registered

  2  electrical or alarm system contractor, or as an inspector or

  3  building administrator with oversight over electrical or alarm

  4  system contracting, or a combination of the two, at the time

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

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

  7  probation shall count toward the 5 years of experience

  8  required under this paragraph.

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

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

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

12  excess of $500 in the last 5 years.

13         (e)  Is in compliance with the insurance and financial

14  responsibility requirements in s. 489.515(1)(b).

15         (3)  Notwithstanding the provisions of s. 489.517(4),

16  technical subjects relating to alarm system contracting shall

17  comprise all of the continuing education required for

18  licensure renewal subsequent to the completion of the first

19  full biennial licensure cycle for persons obtaining

20  certification under this section.

21         Section 25.  Paragraph (e) is added to subsection (2)

22  of section 489.5185, Florida Statutes, to read:

23         489.5185  Fire alarm system agents.--

24         (2)

25         (e)  Persons who perform only monitoring are not

26  required to complete the training required for fire alarm

27  system agents.

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

29  Statutes, is amended to read:

30         489.522  Qualifying agents; responsibilities.--

31

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

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

  3  this section.  All primary qualifying agents for a business

  4  organization are jointly and equally responsible for

  5  supervision of all operations of the business organization;

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

  7  both for the organization in general and for each specific

  8  job.

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

10  business, the qualifying agent must transfer the license to

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

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

13  after termination of the qualifying status with the business.

14         Section 27.  Subsection (5) of section 489.531, Florida

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

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

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

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

19         489.531  Prohibitions; penalties.--

20         (1)  A person may not:

21         (a)  Practice contracting unless the person is

22  certified or registered;

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

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

25  advertise himself or herself or a business organization as

26  available to practice electrical or alarm system contracting,

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

28  certification or registration issued pursuant to this part;

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

30  registration of another;

31

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

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

  3  inactive or delinquent status;

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

  5  to practice contracting;

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

  7  department, the board, or a member thereof;

  8         (g)  Operate a business organization engaged in

  9  contracting after 60 days following the termination of its

10  only qualifying agent without designating another primary

11  qualifying agent;

12         (h)  Conceal information relative to violations of this

13  part;

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

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

16  the building permit being in effect; or

17         (j)  Willfully or deliberately disregard or violate any

18  municipal or county ordinance relating to uncertified or

19  unregistered contractors.

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

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

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

23  775.083.

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

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

26  such violation commits a felony of the third degree,

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

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

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

30  declared by executive order of the Governor commits a felony

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

  2  s. 775.083.

  3

  4  The remedies set forth in this subsection are not exclusive

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

  6  489.533(2).

  7         (6)(5)(a)  The local governing body of a county or

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

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

10  ordinances against locally licensed or registered contractors,

11  as appropriate.  The local jurisdiction enforcement body may

12  conduct disciplinary proceedings against a locally licensed or

13  registered contractor and may require restitution or impose a

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

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

16  licensed or registered contractor, according to ordinances

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

18  jurisdiction may assess reasonable investigative and legal

19  costs for the prosecution of the violation against the

20  registered contractor violator, according to such ordinances

21  as the local jurisdiction may enact.

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

23  enforcement body may take against the individual's local

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

25  local jurisdiction enforcement body shall issue a recommended

26  penalty for board action.  This recommended penalty may

27  include a recommendation for no further action or a

28  recommendation for suspension, revocation, or restriction of

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

30  board, or a combination thereof.  The local jurisdiction

31  enforcement body shall inform the disciplined registered

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  1  contractor and the complainant of the local license penalty

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

  3  and the consequences should the registered contractor decide

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

  5  upon having reached adjudication or having accepted a plea of

  6  nolo contendere, immediately inform the board of its action

  7  and the recommended board penalty.

  8         (c)  The department, the disciplined registered

  9  contractor, or the complainant may challenge the local

10  jurisdiction enforcement body's recommended penalty for board

11  action to the Electrical Contractors' Licensing Board. A

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

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

14  a presumptive finding of probable cause and the case may

15  proceed without the need for a probable cause hearing.

16         (d)  Failure of the department, the disciplined

17  registered contractor, or the complainant to challenge the

18  local jurisdiction's recommended penalty within the time

19  period set forth in this subsection shall constitute a waiver

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

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

22  admission of the violation, and the penalty recommended shall

23  become a final order according to procedures developed by

24  board rule without further board action. The disciplined

25  registered contractor may appeal this board action to the

26  district court.

27         (e)  The department may investigate any complaint which

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

29  determines that the complaint against a registered contractor

30  is for an action which a local jurisdiction enforcement body

31  has investigated and reached adjudication or accepted a plea

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  1  of nolo contendere, including a recommended penalty to the

  2  board, the department shall not initiate prosecution for that

  3  action, unless the secretary has initiated summary procedures

  4  pursuant to s. 455.225(8).

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

  6  allow local jurisdictions to exercise disciplinary authority

  7  over certified contractors.

  8         Section 28.  Section 489.532, Florida Statutes, is

  9  amended to read:

10         489.532  Contracts performed by unlicensed contractors

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

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

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

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

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

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

17  event the contractor obtains or reinstates the license the

18  provisions of this section shall no longer apply.

19         Section 29.  Subsection (8) of section 489.537, Florida

20  Statutes, is repealed.

21         Section 30.  Subsections (21), (22), and (23) of

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

23         489.505  Definitions.--As used in this part:

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

25  alarm system contractor whose business includes all types of

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

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

28  registered alarm system contractor I may contract only in the

29  jurisdictions for which his or her registration is issued.

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

31  alarm system contractor whose business includes all types of

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

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

  3  489.537(8). A registered alarm system contractor II may

  4  contract only in the jurisdiction for which his or her

  5  registration is issued.

  6         (23)  "Registered residential alarm system contractor"

  7  means an alarm system contractor whose business is limited to

  8  burglar alarm systems in single-family residential, quadruplex

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

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

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

12  occupancy class" by rule. A registered residential alarm

13  system contractor may contract only in the jurisdiction for

14  which his or her registration is issued.

15         Section 31.  Subsection (2) of section 489.515, Florida

16  Statutes, is amended to read:

17         489.515  Issuance of certificates; registrations.--

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

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

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

21  be registered.

22         Section 32.  This act shall take effect July 1, 2000.

23

24

25

26

27

28

29

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises various provisions of law relating to the
  4    construction industry.

  5
      Establishes a building code enforcement officials' bill
  6    of rights to provide special procedures for the
      investigation of complaints against such officials.
  7    Revises intent with respect to the examination required
      for certification as a building code administrator, plans
  8    examiner, or building code inspector. Increases the
      validity period of a provisional certificate. Clarifies
  9    to whom a provisional certificate may be issued.
      Authorizes newly employed or hired persons applying for
10    provisional certification to perform for a specified
      period the duties of a plans examiner or building code
11    inspector under the direct supervision of a building code
      administrator holding limited or provisional
12    certification in counties with populations below a
      specified level and the municipalities therein. Deletes
13    obsolete standard certificate equivalency provisions.
      Provides for consistency in terminology relating to
14    building code administration and inspection.

15
      Revises the scope of work of commercial and residential
16    pool/spa contractors and swimming pool/spa servicing
      contractors. Requires the offices of the Construction
17    Industry Licensing Board to be in Leon County. Eliminates
      an exemption from a provision invalidating contracts with
18    unlicensed contractors.

19
      Revises exemptions from regulation under pt. II, ch. 489,
20    F.S., relating to electrical and alarm system
      contracting, to exempt persons licensed under ch. 527,
21    F.S., relating to the sale of liquefied petroleum gas,
      only when such persons are engaged in the work for which
22    licensed under such chapter and authorized
      representatives and distributors for producers of
23    personal emergency response systems. Revises
      grandfathering provisions for certification of registered
24    electrical and alarm system contractors. Provides that
      persons who perform only monitoring are not required to
25    complete the training required for fire alarm system
      agents. Provides requirements when a qualifying agent
26    ceases to qualify a business. Provides penalties for
      violations by unlicensed persons of acts prohibited under
27    pt. II, ch. 489, F.S., relating to electrical and alarm
      system contracting. Eliminates an exemption from a
28    provision invalidating contracts with unlicensed
      contractors. Repeals obsolete provisions for the
29    registration of alarm system contractors.

30
      See bill for details.
31

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