Senate Bill sb0990e3

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  1                      A bill to be entitled

  2         An act relating to business regulation;

  3         amending s. 509.032, F.S.; providing for annual

  4         rather than biannual inspections of transient

  5         and nontransient apartments; revising notice

  6         and license requirements for temporary food

  7         service events; amending s. 509.039, F.S.;

  8         revising requirements for testing and

  9         certification of food service managers;

10         amending s. 509.251, F.S.; excluding certain

11         fees from the maximum aggregate license fee for

12         public food service establishments; amending s.

13         509.291, F.S.; providing for increased

14         coordination and consultation among the

15         Secretary of Business and Professional

16         Regulation, the Division of Hotels and

17         Restaurants, and the advisory council; amending

18         s. 509.302, F.S.; increasing the annual fee

19         collected for the purpose of funding the

20         Hospitality Education Program; amending s.

21         399.01, F.S.; revising and removing

22         definitions; requiring that elevator service

23         maintenance contracts be made available to the

24         Department of Business and Professional

25         Regulation upon request for oversight purposes;

26         revising qualifications for an elevator

27         certificate of competency; amending s. 399.02,

28         F.S.; providing that each elevator owner is

29         responsible for inspections and correction of

30         code deficiencies; eliminating a requirement

31         that the department review service maintenance


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  1         contracts and determine whether they ensure

  2         safe operation; amending s. 399.03, F.S.;

  3         revising requirements relating to the design,

  4         installation, and alteration of conveyances;

  5         providing additional requirements for issuance

  6         of elevator permits; revising reporting

  7         requirements; providing requirements for

  8         temporary operation inspections; amending s.

  9         399.049, F.S.; revising grounds for suspension

10         or revocation of certification or registration;

11         amending s. 399.061, F.S.; eliminating the

12         requirement that annual inspections be

13         conducted through third-party inspection

14         services; revising reporting requirements

15         relating to service maintenance contracts;

16         revising requirements relating to the

17         correction of violations; amending s. 399.07,

18         F.S.; extending the period of validity of

19         certificates of operation from 1 to 2 years;

20         revising fee provisions to conform; amending s.

21         399.105, F.S.; providing administrative fines

22         for violations relating to reporting, operating

23         a sealed elevator, and complying with

24         correction orders; eliminating a restriction on

25         the issuance of an administrative fine relating

26         to commencing installation without a

27         construction permit; amending s. 399.106, F.S.;

28         correcting a reference; amending s. 399.125,

29         F.S.; eliminating the requirement to report

30         elevator incidents; amending s. 399.13, F.S.;

31         allowing municipalities or counties that assume


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  1         elevator inspection duties to hire private

  2         inspectors to conduct inspections; amending s.

  3         509.036, F.S.; conforming a reference; amending

  4         ss. 471.003, 471.0035, 471.005, 471.007,

  5         471.013, 471.015, 471.019, 471.0195, 471.021,

  6         471.023, 471.025, 471.027, 471.031, 471.033,

  7         471.037, F.S.; revising provisions applying to

  8         registered professional engineers to apply to

  9         licensed professional engineers; amending s.

10         210.08, F.S.; providing methods other than a

11         bond for dealers, agents, or distributing

12         agents to guarantee tax payment to the Division

13         of Alcoholic Beverages and Tobacco of the

14         Department of Business and Professional

15         Regulation; providing an effective date.

16

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

18

19         Section 1.  Paragraph (a) of subsection (2) and

20  paragraph (c) of subsection (3) of section 509.032, Florida

21  Statutes, are amended to read:

22         509.032  Duties.--

23         (2)  INSPECTION OF PREMISES.--

24         (a)  The division has responsibility and jurisdiction

25  for all inspections required by this chapter.  The division

26  has responsibility for quality assurance.  Each licensed

27  establishment shall be inspected at least biannually, except

28  for transient and nontransient apartments, which shall be

29  inspected at least annually, and shall be inspected at such

30  other times as the division determines is necessary to ensure

31  the public's health, safety, and welfare.  The division shall


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  1  establish a system to determine inspection frequency.  Public

  2  lodging units classified as resort condominiums or resort

  3  dwellings are not subject to this requirement, but shall be

  4  made available to the division upon request.  If, during the

  5  inspection of a public lodging establishment classified for

  6  renting to transient or nontransient tenants, an inspector

  7  identifies vulnerable adults who appear to be victims of

  8  neglect, as defined in s. 415.102, or, in the case of a

  9  building that is not equipped with automatic sprinkler

10  systems, tenants or clients who may be unable to self-preserve

11  in an emergency, the division shall convene meetings with the

12  following agencies as appropriate to the individual situation:

13  the Department of Health, the Department of Elderly Affairs,

14  the area agency on aging, the local fire marshal, the landlord

15  and affected tenants and clients, and other relevant

16  organizations, to develop a plan which improves the prospects

17  for safety of affected residents and, if necessary, identifies

18  alternative living arrangements such as facilities licensed

19  under part II or part III of chapter 400.

20         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

21  SERVICE EVENTS.--The division shall:

22         (c)  Administer a public notification process for

23  temporary food service events and distribute educational

24  materials that address safe food storage, preparation, and

25  service procedures.

26         1.  Sponsors of temporary food service events shall

27  notify the division not less than 3 days prior to the

28  scheduled event of the type of food service proposed, the time

29  and location of the event, a complete list of food service

30  vendors vendor owners and operators participating in the each

31  event, the number of individual food service facilities each


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  1  vendor will operate at the event, and the identification

  2  number of each food service vendor's current license as a

  3  numbers of all public food service establishment or temporary

  4  food service event licensee establishments participating in

  5  each event. Notification may be completed orally, by

  6  telephone, in person, or in writing.  A public food service

  7  establishment or food service vendor may not use this

  8  notification process to circumvent the license requirements of

  9  this chapter.

10         2.  The division shall keep a record of all

11  notifications received for proposed temporary food service

12  events and shall provide appropriate educational materials to

13  the event sponsors, including the food-recovery brochure

14  developed under s. 570.0725.

15         3.a.  A public food service establishment or other food

16  service vendor must obtain one of the following classes of a

17  license from the division: an individual license, for a fee of

18  no more than $105, for each temporary food service event in

19  which it participates; or an annual license, for a fee of no

20  more than $1,000, that entitles the licensee to participate in

21  an unlimited number of food service events during the license

22  period. The division shall establish license fees, by rule,

23  and may limit the number of food service facilities a licensee

24  may operate at a particular temporary food service event under

25  a single license.

26         b.  Public food service establishments holding current

27  licenses from the division may operate under the regulations

28  of such a license at temporary food service events of 3 days

29  or less in duration.

30         Section 2.  Section 509.039, Florida Statutes, is

31  amended to read:


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  1         509.039  Food service manager certification.--It is the

  2  duty of the division to adopt, by rule, food safety protection

  3  standards for the training and certification of all food

  4  service managers who are responsible for the storage,

  5  preparation, display, or serving of foods to the public in

  6  establishments regulated under this chapter. The standards

  7  adopted by the division shall be consistent with the Standards

  8  for Accreditation of Food Protection Manager Certification

  9  Programs adopted by the Conference for Food Protection. These

10  standards are to be adopted by the division to ensure that,

11  upon successfully passing a test, approved by the Conference

12  for Food Protection, a manager of a food service establishment

13  shall have demonstrated a knowledge of basic food protection

14  practices. The division may contract with an organization

15  offering a training and certification program that complies

16  with division standards and results in a certification

17  recognized by the Conference for Food Protection These

18  standards shall also provide for a certification program which

19  authorizes private or public agencies to conduct an approved

20  test and certify all test the results of those tests to the

21  division. Other organizations offering programs that meet the

22  same requirements may also conduct approved tests and certify

23  all test results to the division. The division may charge the

24  organization it contracts with a fee of not more than $5 per

25  certified test to cover the administrative costs of the

26  division for the food service manager training and

27  certification program. The fee for the test shall not exceed

28  $50.  All managers employed by a food service establishment

29  must have passed an approved this test and received a

30  certificate attesting thereto.  Managers have a period of 90

31  days after employment to pass the required test.  The ranking


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  1  of food service establishments is also preempted to the state;

  2  provided, however, that any local ordinances establishing a

  3  ranking system in existence prior to October 1, 1988, may

  4  remain in effect.

  5         Section 3.  Subsections (1) and (2) of section 509.251,

  6  Florida Statutes, are amended to read:

  7         509.251  License fees.--

  8         (1)  The division shall adopt, by rule, a schedule of

  9  fees to be paid by each public lodging establishment as a

10  prerequisite to issuance or renewal of a license.  Such fees

11  shall be based on the number of rental units in the

12  establishment. The aggregate fee per establishment charged any

13  public lodging establishment but shall not exceed $1,000;

14  however, the fees described in paragraphs (a) and (b) may not

15  be included as part of the aggregate fee subject to this cap.

16  Resort condominium units within separate buildings or at

17  separate locations but managed by one licensed agent may be

18  combined in a single license application, and the division

19  shall charge a license fee as if all units in the application

20  are in a single licensed establishment. Resort dwelling units

21  may be licensed in the same manner as condominium units. The

22  fee schedule shall require an establishment which applies for

23  an initial license to pay the full license fee if application

24  is made during the annual renewal period or more than 6 months

25  prior to the next such renewal period and one-half of the fee

26  if application is made 6 months or less prior to such period.

27  The fee schedule shall include fees collected for the purpose

28  of funding the Hospitality Education Program, pursuant to s.

29  509.302, which are payable in full for each application

30  regardless of when the application is submitted.

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  1         (a)  Upon making initial application or an application

  2  for change of ownership, the applicant shall pay to the

  3  division a fee as prescribed by rule, not to exceed $50, in

  4  addition to any other fees required by law, which shall cover

  5  all costs associated with initiating regulation of the

  6  establishment.

  7         (b)  A license renewal filed with the division within

  8  30 days after the expiration date shall be accompanied by a

  9  delinquent fee as prescribed by rule, not to exceed $50, in

10  addition to the renewal fee and any other fees required by

11  law.  A license renewal filed with the division more than 30

12  but not more than 60 days after the expiration date shall be

13  accompanied by a delinquent fee as prescribed by rule, not to

14  exceed $100, in addition to the renewal fee and any other fees

15  required by law.

16         (2)  The division shall adopt, by rule, a schedule of

17  fees to be paid by each public food service establishment as a

18  prerequisite to issuance or renewal of a license.  The fee

19  schedule shall prescribe a basic fee and additional fees based

20  on seating capacity and services offered. The aggregate fee

21  per establishment charged any public food service

22  establishment may not exceed $400; however, the fees described

23  in paragraphs (a) and (b) may not be included as part of the

24  aggregate fee subject to this cap. The fee schedule shall

25  require an establishment which applies for an initial license

26  to pay the full license fee if application is made during the

27  annual renewal period or more than 6 months prior to the next

28  such renewal period and one-half of the fee if application is

29  made 6 months or less prior to such period.  The fee schedule

30  shall include fees collected for the purpose of funding the

31  Hospitality Education Program, pursuant to s. 509.302, which


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  1  are payable in full for each application regardless of when

  2  the application is submitted.

  3         (a)  Upon making initial application or an application

  4  for change of ownership, the applicant shall pay to the

  5  division a fee as prescribed by rule, not to exceed $50, in

  6  addition to any other fees required by law, which shall cover

  7  all costs associated with initiating regulation of the

  8  establishment.

  9         (b)  A license renewal filed with the division within

10  30 days after the expiration date shall be accompanied by a

11  delinquent fee as prescribed by rule, not to exceed $50, in

12  addition to the renewal fee and any other fees required by

13  law.  A license renewal filed with the division more than 30

14  but not more than 60 days after the expiration date shall be

15  accompanied by a delinquent fee as prescribed by rule, not to

16  exceed $100, in addition to the renewal fee and any other fees

17  required by law.

18         Section 4.  Subsection (2) of section 509.291, Florida

19  Statutes, is amended, and subsections (5) and (6) are added to

20  said section, to read:

21         509.291  Advisory council.--

22         (2)  The purpose of the advisory council is to promote

23  better relations, understanding, and cooperation between such

24  industries and the division; to suggest means of better

25  protecting the health, welfare, and safety of persons using

26  the services offered by such industries; to give the division

27  the benefit of its knowledge and experience concerning the

28  industries and individual businesses affected by the laws and

29  rules administered by the division; and to promote and

30  coordinate the development of programs to educate and train

31


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  1  personnel for such industries; and to perform such other

  2  duties as prescribed by law.

  3         (5)  The secretary and the division shall periodically

  4  review with the advisory council the division's budget and

  5  financial status for the purpose of maintaining the financial

  6  stability of the division. The council shall make

  7  recommendations, when it deems appropriate, to the secretary

  8  and the division to ensure that adequate funding levels from

  9  fees, penalties, and other costs assessed by the division and

10  paid by the industries it regulates are maintained.

11         (6)  The division shall provide to the advisory council

12  each year an annual internal audit of the financial records of

13  the Hospitality Education Program for the purpose of

14  permitting the advisory council to determine compliance with

15  the provisions of s. 509.072(2).

16         Section 5.  Subsection (3) of section 509.302, Florida

17  Statutes, is amended to read:

18         509.302  Director of education, personnel, employment

19  duties, compensation.--

20         (3)  All public lodging establishments and all public

21  food service establishments licensed under this chapter shall

22  pay an annual fee of no more than $10 $6 which shall be

23  included in the annual license fee and which shall be used for

24  the sole purpose of funding the Hospitality Education Program.

25         Section 6.  Section 399.01, Florida Statutes, is

26  amended to read:

27         399.01  Definitions.--As used in this chapter, the

28  term:

29         (1)  "Alteration" means any change or addition to the

30  vertical conveyance other than maintenance, repair, or

31  replacement.


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  1         (2)  "Certificate of competency" means a document

  2  issued by the division which evidences the competency of a

  3  person to construct, install, inspect, maintain, or repair any

  4  vertical conveyance.

  5         (2)(3)  "Certificate of operation" means a document

  6  issued by the department which indicates that the conveyance

  7  has had the required safety inspection and tests and that fees

  8  have been paid as provided in this chapter.

  9         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

10  escalator, moving sidewalk, platform lift, or and stairway

11  chairlift.

12         (4)(5)  "Department" means the Department of Business

13  and Professional Regulation.

14         (5)(6)  "Division" means the Division of Hotels and

15  Restaurants of the Department of Business and Professional

16  Regulation.

17         (6)(7)  "Elevator" means one of the following

18  mechanical devices:

19         (a)  A hoisting and lowering mechanism, equipped with a

20  car and platform that moves in guide rails and serves two or

21  more landings to transport material or passengers or both.

22         (b)  An escalator, which is a power-driven, inclined

23  continuous stairway used for raising or lowering passengers.

24         (c)  A dumbwaiter, which is a hoisting and lowering

25  mechanism equipped with a car of limited size which moves in

26  guide rails and serves two or more landings.

27         (d)  A moving walk, which is a type of

28  passenger-carrying device on which passengers stand or walk

29  and in which the passenger-carrying surface remains parallel

30  to its direction of motion and is uninterrupted.

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  1         (e)  An inclined stairway chairlift, which is a device

  2  used to transport physically handicapped persons over

  3  architectural barriers.

  4         (f)  An inclined or vertical wheelchair lift, which is

  5  a device used to transport wheelchair handicapped persons over

  6  architectural barriers.

  7         (8)  "Escalator" means an installation defined as an

  8  escalator in the Florida Building Code.

  9         (7)(9)  "Existing installation" means an installation

10  defined as an "installation, existing" in the Florida Building

11  Code.

12         (8)(10)  "Elevator Safety Technical Advisory Committee"

13  means the committee appointed by the secretary of the

14  Department of Business and Professional Regulation.

15         (9)(11)  "Private residence" means a separate dwelling

16  or a separate apartment in a multiple dwelling which is

17  occupied by members of a single-family unit.

18         (10)(12)  "Service maintenance contract" means a

19  contract that provides for routine examination, lubrication,

20  cleaning, adjustment, replacement of parts, and performance of

21  applicable code-required safety tests such as on a traction

22  elevator and annual relief pressure test on a hydraulic

23  elevator and any other service, repair, and maintenance

24  sufficient to ensure the safe operation of the elevator. A

25  service maintenance contract shall be made available upon

26  request of the department for purposes of oversight and

27  monitoring.

28         (11)(13)  "Temporarily dormant conveyance" means a

29  conveyance whose power supply has been disconnected by

30  removing fuses and placing a padlock on the mainline

31  disconnect switch in the "OFF" position. The car is parked,


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  1  and the hoistway doors are in the closed and latched position.

  2  A wire seal is installed on the mainline disconnect switch by

  3  a certified certificate of competency elevator inspector. This

  4  conveyance installation may not be used again until it has

  5  been put in safe running order and is in condition for use.

  6  Annual inspections shall continue for the duration of the

  7  temporarily dormant status by a certified certificate of

  8  competency elevator inspector. The temporarily dormant status

  9  is renewable on an annual basis and may not exceed a 5-year

10  period. The inspector shall file a report with the department

11  chief elevator inspector describing the current conditions.

12  The wire seal and padlock may not be removed for any purpose

13  without permission from the department elevator inspector.

14         (12)(14)  "Temporary operation inspection permit" means

15  an inspection performed by a certified elevator inspector, the

16  successful passage of a document issued by the department

17  which permits the temporary use of a noncompliant vertical

18  conveyance as provided by rule.

19         (13)(15)  "Registered elevator company" means an entity

20  registered with and authorized by the division employing

21  persons to construct, install, inspect, maintain, or repair

22  any vertical conveyance. Each registered elevator company must

23  annually register with the division and maintain general

24  liability insurance coverage in the minimum amounts set by

25  rule the division.

26         (14)(16)  "Certified elevator inspector" is a natural

27  person registered with and authorized by the division to

28  construct, install, inspect, maintain, or repair any vertical

29  conveyance, after having properly acquired the qualified

30  elevator inspector credential as prescribed by the American

31  Society of Mechanical Engineers. Each certified elevator


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  1  inspector must annually register with the division and provide

  2  from the National Association of Elevator Safety Authorities.

  3  Such person shall remain so authorized by the division only

  4  upon providing annual proof of completion of 8 hours of

  5  continuing education, proof that and the qualified elevator

  6  inspector credential remains in good standing, and proof of

  7  with the National Association of Elevator Safety Authorities.

  8  A licensed mechanical engineer whose license is in good

  9  standing may be authorized as a certified elevator inspector

10  by the division. Each certified elevator inspector must

11  annually register with the division and maintain general

12  liability insurance coverage in the minimum amounts set by the

13  division.

14         (15)(17)  "Certified elevator technician" means a

15  natural person authorized by the division to construct,

16  install, maintain, or repair any vertical conveyance, after

17  having been issued an elevator certificate of competency by

18  the division. Each certified elevator technician must annually

19  register with the division and be covered by maintain general

20  liability insurance coverage in the minimum amounts set by the

21  division.

22         (16)(18)  "Elevator helper" means a natural person

23  performing work under the direct supervision of an elevator

24  certificate of competency holder a certified elevator

25  inspector or an elevator technician to construct, install,

26  maintain, or repair any vertical conveyance.

27         (17)(19)  "Elevator certificate of competency" means a

28  credential issued by the division to any individual natural

29  person successfully completing an examination as prescribed by

30  rule and paying a nonrefundable fee of $50. Such credential

31  shall be valid for and expire at the end of 1 year, and may be


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  1  renewed by the division when the division receives proof of

  2  the elevator certificate of competency holder's completion of

  3  8 hours of continuing education from a provider approved by

  4  the department and a nonrefundable renewal fee of $50. The

  5  department shall adopt by rule criteria for providing approval

  6  and procedures for continuing education reporting.

  7         (a)  An elevator certificate of competency may be

  8  issued only if the applicant meets the following requirements:

  9         1.  Four years' work experience in the construction,

10  maintenance, service, and repair of conveyances covered by

11  this chapter. This experience shall be verified by current or

12  previously registered elevator companies as required by the

13  division.

14         2.  One of the following:

15         a.  Proof of completion and successful passage of a

16  written examination administered by the division or a provider

17  approved by the division under standards it adopted by rule.

18         b.  Proof of completion of an apprenticeship program

19  for elevator mechanics which has standards substantially

20  equivalent to those found in a national training program for

21  elevator mechanics and is registered with the Bureau of

22  Apprenticeship and Training of the United States Department of

23  Labor or a state apprenticeship authority.

24         c.  Proof of licensure or certification by a state or

25  local jurisdiction in the United States having standards

26  substantially equal to or more stringent than those of this

27  chapter.

28         (b)  A licensed mechanical engineer whose license is in

29  good standing may be granted an elevator certificate of

30  competency.

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  1  All other building transportation terms are defined in the

  2  current Florida Building Code.

  3         Section 7.  Subsections (1) and (5) of section 399.02,

  4  Florida Statutes, are amended to read:

  5         399.02  General requirements.--

  6         (1)  The Elevator Safety Technical Advisory Committee

  7  shall develop and submit to the Director of Hotels and

  8  Restaurants proposed regarding revisions to the elevator

  9  safety code so that it is the same as or similar to the latest

10  editions versions of ASME A17.1, ASME A17.3, and ASME A18.1.

11         (5)(a)  The construction permitholder is responsible

12  for the correction of violations and deficiencies until the

13  elevator has been inspected and a certificate of operation has

14  been issued by the department.  The construction permitholder

15  is responsible for all tests of new and altered equipment

16  until the elevator has been inspected and a certificate of

17  operation has been issued by the department.

18         (b)  The elevator owner is responsible for the safe

19  operation, and proper maintenance, and inspection and

20  correction of code deficiencies of the elevator after it has

21  been inspected and a certificate of operation has been issued

22  by the department. The responsibilities of the elevator owner

23  may be assigned by lease.

24         (c)  The elevator owner shall report to the department

25  60 days before the expiration of the certificate of operation

26  whether there exists a service maintenance contract, with whom

27  the contract exists, and the details concerning the provisions

28  and implementation of the contract which the department

29  requires. The department shall keep the names of companies

30  with whom the contract exists confidential pursuant to the

31  public records exemption provided in s. 119.14(4)(b)3. This


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  1  annual contract report must be made on forms supplied by the

  2  department.  The elevator owner must report any material

  3  change in the service maintenance contract no fewer than 30

  4  days before the effective date of the change.  The department

  5  shall determine whether the provisions of the service

  6  maintenance contract and its implementation ensure the safe

  7  operation of the elevator.

  8         Section 8.  Section 399.03, Florida Statutes, is

  9  amended to read:

10         399.03  Design, installation, and alteration of

11  conveyances.--

12         (1)  A conveyance covered by this chapter may not be

13  erected, constructed, installed, or altered within buildings

14  or structures until unless a permit has been obtained from the

15  department before the work is commenced. Permits must be

16  applied for by a registered elevator company and may only be

17  granted upon receipt and approval of an application to be made

18  on a form prescribed by the department, accompanied by proper

19  fees and a sworn statement from an agent of the registered

20  elevator company that the plans meet all applicable elevator

21  safety and building codes. Permits may be granted only to

22  registered elevator companies in good standing. When any

23  material alteration is made, the alteration device must

24  conform to applicable requirements of the Florida Building

25  Code and the provisions of this chapter for the alteration. A

26  permit required hereunder may not be issued except to a

27  person, firm, or corporation holding a current elevator

28  contractor's license issued under this chapter. A copy of the

29  permit and plans must be kept at the construction site at all

30  times while the work is in progress and until a certificate of

31  operation is issued.


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  1         (2)  The department shall provide by rule for permit

  2  application requirements and permit fees.

  3         (3)  Permits may be revoked for the following reasons:

  4         (a)  There are any false statements or

  5  misrepresentations as to the material facts in the

  6  application, plans, or specifications on which the permit was

  7  based.

  8         (b)  The permit was issued in error and not in

  9  accordance with the code or rules.

10         (c)  The work detailed under the permit is not being

11  performed in accordance with the provisions of the

12  application, plans, or specifications or with the code or

13  conditions of the permit.

14         (d)  The construction permitholder to whom the permit

15  was issued fails or refuses to comply with a stop-work order.

16         (4)  A permit expires if:

17         (a)  The work authorized by the permit is not commenced

18  within 6 months after the date of issuance, or within a

19  shorter period of time as the department may specify at the

20  time the permit is issued.

21         (b)  The work is suspended or abandoned for a period of

22  60 days, or such shorter period of time as the department may

23  specify at the time the permit is issued, after the work has

24  been started. For good cause, the department may allow a

25  discretionary extension for the foregoing period.

26         (5)  All new conveyance installations must be performed

27  by a registered elevator company person to whom a license to

28  install or service a conveyance has been issued. Subsequent to

29  installation, the licensed person, firm, or company must

30  certify compliance with the applicable sections of this

31  chapter and the Florida Building Code. Before any vertical


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  1  conveyance is used, except those in a private residence, it

  2  must be inspected by a certified elevator licensed inspector

  3  not employed, or associated, or having a conflict of interest

  4  with the elevator construction permitholder or elevator owner

  5  and certified as meeting the safety provisions of the Florida

  6  Building Code, including the performance of all required

  7  safety tests. The certified elevator inspector shall provide

  8  the original copy of the inspection report to the department

  9  within 5 days after the inspection. A certificate of operation

10  may not be issued until the permitholder provides an affidavit

11  signed by the construction supervisor attesting that the

12  supervisor directly supervised the construction or

13  installation of the elevator. Upon successful inspection, the

14  owner or lessee must apply to the department for a certificate

15  of operation from the department. A fee as prescribed in this

16  chapter must be paid for the certificate of operation. It is

17  the responsibility of the licensed elevator construction

18  permitholder to complete and submit a first-time registration

19  for a new installation. Vertical conveyances, including

20  stairway chairlifts, and inclined or vertical wheelchair lifts

21  located in private residences are not required to obtain a

22  certificate of operation under this chapter.

23         (6)  A certificate of operation expires July 31 of each

24  year and must be renewed prior to continued use of the

25  conveyance. A certificate of operation must be clearly

26  displayed on or in each conveyance or in the machine room for

27  use by and for the benefit of inspectors and code enforcement

28  personnel. Certificates of operation may only be renewed for

29  vertical conveyances having a current satisfactory inspection.

30         (6)(7)  At the department's request, and to facilitate

31  oversight and monitoring, the permitholder shall notify the


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  1  department of the scheduled final inspection date and time for

  2  purposes of acquiring a certificate of inspection, in writing,

  3  at least 7 days before completion of the work and shall, in

  4  the presence of a licensed elevator inspector not associated

  5  with or employed by the installing company or contractor,

  6  subject the newly installed, relocated, or altered portions of

  7  the elevator to tests required to show that the elevator meets

  8  the applicable provisions of the Florida Building Code.

  9         (7)(8)  Each elevator shall comply with the edition of

10  the Florida Building Code or Elevator Safety Code that was in

11  effect at the time of receipt of application for the

12  construction permit for the elevator.

13         (8)(9)  Each alteration to, or relocation of, an

14  elevator shall comply with the edition of the Florida Building

15  Code or Elevator Safety Code that was in effect at the time of

16  receipt of the application for the construction permit for the

17  alteration or relocation.

18         (9)(10)  When any change is made in the classification

19  of an elevator, the elevator shall comply with all of the

20  requirements of the version of the Florida Building Code or

21  Elevator Safety Code that were in effect at the time of

22  receipt of the application for the construction permit for the

23  change in classification.

24         (10)(a)  The temporary use of an elevator during

25  installation or alteration is authorized for a period of 30

26  days after the completion of a satisfactory temporary

27  operation inspection. An additional 30-day period of temporary

28  use is authorized from the date of completion of each

29  additional satisfactory temporary operation inspection. A

30  satisfactory temporary operation inspection must satisfy the

31  following criteria: the elevator is tested under contract


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    CS for CS for SB 990                           Third Engrossed



  1  load; the hoistway is fully enclosed; the hoistway doors and

  2  interlocks are installed; the car is completely enclosed,

  3  including door or gate and top; all electrical safety devices

  4  are installed and properly functioning; and terminal stopping

  5  equipment is in place for a safe runby and proper clearance.

  6  When a car is provided with a temporary enclosure, the

  7  operating means must be by constant pressure push-button or

  8  lever-type switch. The car may not exceed the minimum safe

  9  operating speed of the elevator, and the governor tripping

10  speed must be set in accordance with the operating speed of

11  the elevator.

12         (b)  Temporary use is authorized only when a

13  satisfactory temporary operation inspection report, completed

14  within the last 30 days, by a certified elevator inspector,

15  and a notice prescribed by the department, bearing a statement

16  that the elevator has not been finally approved by a certified

17  elevator inspector, are conspicuously posted in the elevator.

18         Section 9.  Section 399.049, Florida Statutes, is

19  amended to read:

20         399.049  Disciplinary action Certificate of

21  competency.--

22         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

23  OF COMPETENCY.--The department may suspend or revoke an

24  elevator inspector certification, an elevator company

25  registration, an elevator a license or certificate of

26  competency, or an elevator certificate of operation issued

27  under this chapter or impose an administrative penalty of up

28  to $1,000 per violation upon any registered elevator company

29  licensee or certificateholder who commits any one or more of

30  the following violations:

31


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  1         (a)  Any false statement as to a material matter in an

  2  the application for registration, certification, or any permit

  3  or certificate issued under this chapter.

  4         (b)  Fraud, misrepresentation, or bribery in the

  5  practice of the profession securing a license or certificate

  6  of competency.

  7         (c)  Failure by a certified elevator inspector to

  8  provide to notify the department and the certificate of

  9  operation holder with a copy of the inspection report within 5

10  days after the date of any inspection performed after the

11  initial certificate of operation is issued of a conveyance

12  covered by this chapter that is not in compliance with the

13  provisions of the elevator safety code incorporated into the

14  Florida Building Code.

15         (d)  Violation of any provision of this chapter.

16         (2)  DISCIPLINARY ACTION.--Any disciplinary action

17  taken under this chapter must comply with chapter 120 and any

18  rules adopted thereunder.

19         Section 10.  Section 399.061, Florida Statutes, is

20  amended to read:

21         399.061  Inspections; service maintenance contracts;

22  correction of deficiencies.--

23         (1)(a)  All elevators or other conveyances subject to

24  this chapter must be annually inspected by a certified

25  elevator inspector through a third-party inspection service,

26  or by a municipality or county under contract with the

27  division, pursuant to s. 399.13. If the elevator or other

28  conveyance is maintained pursuant to a service maintenance

29  contract continuously in force, it shall be inspected at least

30  once every 2 years by a certified elevator inspector who is

31  not employed by or otherwise associated with the maintenance


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  1  company; however, if the elevator is not an escalator or a

  2  dumbwaiter, serves only two adjacent floors, and is covered by

  3  a service maintenance contract, an inspection is not required

  4  so long as the service contract remains in effect. A statement

  5  verifying the existence, performance, and cancellation of each

  6  service maintenance contract must be filed annually with the

  7  division as prescribed by rule.

  8         (b)  A statement verifying the existence and

  9  performance of each service maintenance contract must be filed

10  at least annually with the division and as prescribed by rule.

11  Cancellation of a service maintenance contract must be

12  reported to the division as prescribed by rule. The division

13  may inspect an elevator whenever necessary to ensure its safe

14  operation or when a third-party inspection service is not

15  available for a routine inspection.

16         (2)  The division may employ state elevator inspectors

17  to inspect an elevator whenever necessary to ensure its safe

18  operation. The division may also employ state elevator

19  inspectors to conduct any the inspections as required by this

20  chapter subsection (1) and may charge a an inspection fee for

21  each inspection in an amount sufficient to cover the costs of

22  that inspection, as provided by rule, when a private certified

23  elevator inspector is not available. Each state elevator

24  inspector shall be properly qualified as a certified elevator

25  inspector hold a certificate of competency issued by the

26  division.

27         (3)  Whenever the division determines from the results

28  of any inspection that, in the interest of the public safety,

29  an elevator is in an unsafe condition, the division may seal

30  the elevator or order the discontinuance of the use of the

31  elevator until the division determines by inspection that such


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  1  elevator has been satisfactorily repaired or replaced so that

  2  the elevator may be operated in a safe manner.

  3         (4)  When the division determines that an elevator is

  4  in violation of this chapter or the Florida Building Code, the

  5  division may issue an order to the elevator owner requiring

  6  correction of the violation and reinspection of the elevator

  7  evidencing the correction.

  8         Section 11.  Section 399.07, Florida Statutes, is

  9  amended to read:

10         399.07  Certificates of operation; temporary operation

11  permits; fees.--

12         (1)(a)  A certificate of operation may not be issued

13  until the elevator company supervisor signs an affidavit

14  stating that the elevator company supervisor directly

15  supervised construction or installation of the elevator.

16         (1)(b)  The certificate of operation is valid for a

17  period not to exceed 2 years and shall expire at the end of

18  the period of 1 year unless sooner suspended or revoked. The

19  department may adopt rules establishing a procedure for

20  certificate renewal. Certificates of operation may be renewed

21  only for vertical conveyances having a current satisfactory

22  inspection. The owner of an elevator operating with an expired

23  certificate of operation is in violation of this chapter.

24  Certificate of operation renewal applications received by the

25  department after the date of expiration of the last current

26  certificate must be accompanied by a late fee of $50 in

27  addition to the renewal fee and any other fees required by

28  law. The department shall adopt by rule a fee schedule for the

29  renewal of certificates of operation. The fees must be

30  deposited into the Hotel and Restaurant Trust Fund. The

31  department shall by rule adopt a fee schedule for the renewal


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    CS for CS for SB 990                           Third Engrossed



  1  of certificates of operation.  The renewal period commences on

  2  August 1 of each year.

  3         (2)(c)  The certificate of operation must be posted in

  4  a conspicuous location on the elevator and must be framed with

  5  a transparent cover.

  6         (d)  The department shall charge an annual fee for

  7  issuance of a certificate of operation in an amount to be set

  8  by rule. However, a renewal application for a certificate of

  9  operation filed with the department after expiration date of

10  the certificate must be accompanied by a delinquency fee of

11  $50 in addition to the annual renewal fee and any other fees

12  required by law. The fees must be deposited into the Hotel and

13  Restaurant Trust Fund.

14         (2)(a)  The department may issue a temporary operation

15  permit authorizing the temporary use of an elevator during

16  installation or alteration to an elevator company or general

17  contractor acting as a general agent of an elevator company. A

18  temporary operation permit may not be issued until the

19  elevator has been inspected by a state elevator inspector and

20  tested under contract load; the hoistway is fully enclosed;

21  the hoistway doors and interlocks are installed; the car is

22  completely enclosed, including door or gate and top; all

23  electrical safety devices are installed and properly

24  functioning; and terminal stopping equipment is in place for a

25  safe runby and proper clearance. When a car is provided with a

26  temporary enclosure, the operating means must be by constant

27  pressure push-button or lever-type switch. The car may not

28  exceed the minimum safe operating speed of the elevator, and

29  the governor tripping speed must be set in accordance with the

30  operating speed of the elevator.

31


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  1         (b)  A temporary operation permit must be issued for a

  2  period not to exceed 30 days.  The permit may be renewed at

  3  the discretion of the department.

  4         (c)  When a temporary operation permit is issued, the

  5  permit, together with a notice bearing a statement that the

  6  elevator has not been finally approved by a state elevator

  7  inspector, must be conspicuously posted in the elevator.

  8         (d)  The department shall charge a fee, set by rule in

  9  an amount not greater than $100, for each temporary operation

10  permit. The fee must be deposited in the Hotel and Restaurant

11  Trust Fund.

12         (3)  The certificate of operation shall contain the

13  text of s. 823.12, relating to the prohibition against smoking

14  in elevators.

15         (4)  In addition to subsection (3), the designation "NO

16  SMOKING" along with the international symbol for no smoking

17  shall be conspicuously displayed within the interior of the

18  elevator in the plain view of the public.

19         (5)  Except for as authorized by a temporary use

20  authorized by this chapter operation permit, the operation or

21  use of any newly installed, relocated, or altered elevator is

22  prohibited until the elevator has passed the tests and

23  inspections required by this chapter and a certificate of

24  operation has been issued.

25         (6)  The department may suspend any certificate of

26  operation if it finds that the elevator is not in compliance

27  with this chapter or of rules adopted under this chapter. The

28  suspension remains in effect until the department receives

29  satisfactory results of an inspection performed by a certified

30  elevator inspector indicating determines, by inspection, that

31  the elevator has been brought into compliance.


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  1         Section 12.  Section 399.105, Florida Statutes, is

  2  amended to read:

  3         399.105  Administrative fines.--

  4         (1)  Any person who fails to comply with the reporting

  5  requirements of this chapter s. 399.02 or with the reasonable

  6  requests of the department to determine whether the provisions

  7  of a service maintenance contract and its implementation

  8  ensure assure safe elevator operation is subject to an

  9  administrative fine not greater than $1,000 in addition to any

10  other penalty provided by law.

11         (2)  Any person who commences the operation,

12  installation, relocation, or alteration of any elevator for

13  which a permit or certificate is required by this chapter

14  without having obtained from the department the permit or

15  certificate is subject to an administrative fine not greater

16  than $1,000 in addition to any other penalty provided by law.

17  No fine may be imposed under this subsection for commencing

18  installation without a construction permit if such permit is

19  issued within 60 days after the actual commencement of

20  installation.

21         (3)  An elevator owner who continues to operate an

22  elevator after notice to discontinue its use or after it has

23  been sealed by the department is subject to an administrative

24  fine not greater than $1,000 for each day the elevator has

25  been operated after the service of the notice or sealing by

26  the department, in addition to any other penalty provided by

27  law.

28         (4)  An elevator owner who fails to comply with an

29  order to correct issued under s. 399.061(4) within 30 60 days

30  after its issuance is subject, in addition to any other

31


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    CS for CS for SB 990                           Third Engrossed



  1  penalty provided by law, to an administrative fine set by the

  2  department in an amount not to exceed $1,000.

  3         (5)  All administrative fines collected shall be

  4  deposited into the Hotel and Restaurant Trust Fund.

  5         Section 13.  Subsection (2) of section 399.106, Florida

  6  Statutes, is amended to read:

  7         399.106  Elevator Safety Technical Advisory

  8  Committee.--

  9         (2)  The committee members shall serve staggered terms

10  of 4 years to be set by rule without salary, but may receive

11  from the state expenses for per diem and travel. The committee

12  commission shall appoint one of the members to serve as chair.

13         Section 14.  Section 399.125, Florida Statutes, is

14  amended to read:

15         399.125  Reporting of elevator accidents or incidents;

16  penalties.--Within 5 working days after any accident or

17  incident occurring in or upon any elevator, the certificate of

18  operation holder shall report the accident or incident to the

19  division on a form prescribed by the division. Failure to

20  timely file this report is a violation of this chapter and

21  will subject the certificate of operation holder to an

22  administrative fine, to be imposed by the division, in an

23  amount not to exceed $1,000.

24         Section 15.  Section 399.13, Florida Statutes, is

25  amended to read:

26         399.13  Delegation of authority to municipalities or

27  counties.--

28         (1)  The department may enter into contracts with

29  municipalities or counties under which such municipalities or

30  counties will issue construction permits, temporary operation

31  permits, and certificates of operation; will provide for


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  1  inspection of elevators, including temporary operation

  2  inspections; and will enforce the applicable provisions of the

  3  Florida Building Code, as required by this chapter. The

  4  municipality or county may choose to require inspections to be

  5  performed by its own inspectors or by private certified

  6  elevator inspectors. Each such agreement shall include a

  7  provision that the municipality or county shall maintain for

  8  inspection by the department copies of all applications for

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

10  proper records showing the number of certificates of operation

11  issued; shall include a provision that each required

12  inspection be conducted by a certified elevator inspector the

13  holder of a certificate of competency issued by the

14  department; and may include such other provisions as the

15  department deems necessary.

16         (2)  The department may make inspections of elevators

17  in such municipality or county for the purpose of determining

18  that the provisions of this chapter are being met and may

19  cancel the contract with any municipality or county which the

20  department finds has failed to comply with such contract or

21  the provisions of this chapter.  The amendments to chapter 399

22  by this act shall apply only to the installation, relocation,

23  or alteration of an elevator for which a permit has been

24  issued after October 1, 1990.

25         Section 16.  Section 471.003, Florida Statutes, is

26  amended to read:

27         471.003  Qualifications for practice; exemptions.--

28         (1)  No person other than a duly licensed registered

29  engineer shall practice engineering or use the name or title

30  of "licensed registered engineer," "professional engineer," or

31  any other title, designation, words, letters, abbreviations,


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  1  or device tending to indicate that such person holds an active

  2  license registration as an engineer in this state.

  3         (2)  The following persons are not required to be

  4  licensed register under the provisions of this chapter as a

  5  licensed registered engineer:

  6         (a)  Any person practicing engineering for the

  7  improvement of, or otherwise affecting, property legally owned

  8  by her or him, unless such practice involves a public utility

  9  or the public health, safety, or welfare or the safety or

10  health of employees.  This paragraph shall not be construed as

11  authorizing the practice of engineering through an agent or

12  employee who is not duly licensed registered under the

13  provisions of this chapter.

14         (b)1.  A person acting as a public officer employed by

15  any state, county, municipal, or other governmental unit of

16  this state when working on any project the total estimated

17  cost of which is $10,000 or less.

18         2.  Persons who are employees of any state, county,

19  municipal, or other governmental unit of this state and who

20  are the subordinates of a person in responsible charge

21  licensed registered under this chapter, to the extent that the

22  supervision meets standards adopted by rule of the board.

23         (c)  Regular full-time employees of a corporation not

24  engaged in the practice of engineering as such, whose practice

25  of engineering for such corporation is limited to the design

26  or fabrication of manufactured products and servicing of such

27  products.

28         (d)  Regular full-time employees of a public utility or

29  other entity subject to regulation by the Florida Public

30  Service Commission, Federal Energy Regulatory Commission, or

31  Federal Communications Commission.


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  1         (e)  Employees of a firm, corporation, or partnership

  2  who are the subordinates of a person in responsible charge,

  3  licensed registered under this chapter.

  4         (f)  Any person as contractor in the execution of work

  5  designed by a professional engineer or in the supervision of

  6  the construction of work as a foreman or superintendent.

  7         (g)  A licensed registered surveyor and mapper who

  8  takes, or contracts for, professional engineering services

  9  incidental to her or his practice of surveying and mapping and

10  who delegates such engineering services to a licensed

11  registered professional engineer qualified within her or his

12  firm or contracts for such professional engineering services

13  to be performed by others who are licensed registered

14  professional engineers under the provisions of this chapter.

15         (h)  Any electrical, plumbing, air-conditioning, or

16  mechanical contractor whose practice includes the design and

17  fabrication of electrical, plumbing, air-conditioning, or

18  mechanical systems, respectively, which she or he installs by

19  virtue of a license issued under chapter 489, under part I of

20  chapter 553, or under any special act or ordinance when

21  working on any construction project which:

22         1.  Requires an electrical or plumbing or

23  air-conditioning and refrigeration system with a value of

24  $50,000 or less; and

25         2.a.  Requires an aggregate service capacity of 600

26  amperes (240 volts) or less on a residential electrical system

27  or 800 amperes (240 volts) or less on a commercial or

28  industrial electrical system;

29         b.  Requires a plumbing system with fewer than 250

30  fixture units; or

31


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  1         c.  Requires a heating, ventilation, and

  2  air-conditioning system not to exceed a 15-ton-per-system

  3  capacity, or if the project is designed to accommodate 100 or

  4  fewer persons.

  5         (i)  Any general contractor, certified or registered

  6  pursuant to the provisions of chapter 489, when negotiating or

  7  performing services under a design-build contract as long as

  8  the engineering services offered or rendered in connection

  9  with the contract are offered and rendered by an engineer

10  licensed or registered in accordance with this chapter.

11         (3)  Notwithstanding the provisions of this chapter or

12  of any other law, no licensed registered engineer whose

13  principal practice is civil or structural engineering, or

14  employee or subordinate under the responsible supervision or

15  control of the engineer, is precluded from performing

16  architectural services which are purely incidental to her or

17  his engineering practice, nor is any licensed registered

18  architect, or employee or subordinate under the responsible

19  supervision or control of the architect, precluded from

20  performing engineering services which are purely incidental to

21  her or his architectural practice.  However, no engineer shall

22  practice architecture or use the designation "architect" or

23  any term derived therefrom, and no architect shall practice

24  engineering or use the designation "engineer" or any term

25  derived therefrom.

26         Section 17.  Section 471.0035, Florida Statutes, is

27  amended to read:

28         471.0035  Instructors in postsecondary educational

29  institutions; exemption from licensure registration

30  requirement.--For the sole purpose of teaching the principles

31  and methods of engineering design, notwithstanding the


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  1  provisions of s. 471.005(7), a person employed by a public

  2  postsecondary educational institution, or by an independent

  3  postsecondary educational institution licensed or exempt from

  4  licensure pursuant to the provisions of chapter 246, is not

  5  required to be licensed register under the provisions of this

  6  chapter as a professional registered engineer.

  7         Section 18.  Subsections (5), (6), (7), and (8) of

  8  section 471.005, Florida Statutes, are amended to read:

  9         471.005  Definitions.--As used in this chapter, the

10  term:

11         (5)  "Engineer" includes the terms "professional

12  engineer" and "licensed registered engineer" and means a

13  person who is licensed registered to engage in the practice of

14  engineering under this chapter.

15         (6)  "Engineer intern" means a person who has graduated

16  from, or is in the final year of, an engineering curriculum

17  approved by the board and has passed the fundamentals of

18  engineering examination as provided by rules adopted by the

19  board.

20         (7)  "Engineering" includes the term "professional

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

22  adequate performance of which requires engineering education,

23  training, and experience in the application of special

24  knowledge of the mathematical, physical, and engineering

25  sciences to such services or creative work as consultation,

26  investigation, evaluation, planning, and design of engineering

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

28  teaching of the principles and methods of engineering design,

29  engineering surveys, and the inspection of construction for

30  the purpose of determining in general if the work is

31  proceeding in compliance with drawings and specifications, any


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

  2  private, in connection with any utilities, structures,

  3  buildings, machines, equipment, processes, work systems,

  4  projects, and industrial or consumer products or equipment of

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

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

  7  property; and includes such other professional services as may

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

  9  engineering services.  A person who practices any branch of

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

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

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

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

14  is licensed registered under this chapter; or who holds

15  himself or herself out as able to perform, or does perform,

16  any engineering service or work or any other service

17  designated by the practitioner which is recognized as

18  engineering shall be construed to practice or offer to

19  practice engineering within the meaning and intent of this

20  chapter.

21         (8)  "License" means the licensing registration of

22  engineers or certification of businesses to practice

23  engineering in this state.

24         Section 19.  Section 471.007, Florida Statutes, is

25  amended to read:

26         471.007  Board of Professional Engineers.--There is

27  created in the department the Board of Professional Engineers.

28  The board shall consist of nine members, seven of whom shall

29  be licensed registered engineers and two of whom shall be

30  laypersons who are not and have never been engineers or

31  members of any closely related profession or occupation. Of


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  1  the members who are licensed registered engineers, three shall

  2  be civil engineers, one shall be either an electrical or

  3  electronic engineer, one shall be a mechanical engineer, one

  4  shall be an engineering educator, and one shall be from any

  5  discipline of engineering other than civil engineering.

  6  Members shall be appointed by the Governor for terms of 4

  7  years each.

  8         Section 20.  Paragraph (a) of subsection (2) of section

  9  471.013, Florida Statutes, is amended to read:

10         471.013  Examinations; prerequisites.--

11         (2)(a)  The board may refuse to certify an applicant

12  for failure to satisfy the requirement of good moral character

13  only if:

14         1.  There is a substantial connection between the lack

15  of good moral character of the applicant and the professional

16  responsibilities of a licensed registered engineer; and

17         2.  The finding by the board of lack of good moral

18  character is supported by clear and convincing evidence.

19         Section 21.  Paragraph (a) of subsection (3) and

20  subsection (5) of section 471.015, Florida Statutes, are

21  amended to read:

22         471.015  Licensure.--

23         (3)  The board shall certify as qualified for a license

24  by endorsement an applicant who:

25         (a)  Qualifies to take the examination as set forth in

26  s. 471.013, has passed a United States national, regional,

27  state, or territorial or foreign national licensing

28  examination that is substantially equivalent to the

29  examination required by s. 471.013, and has satisfied the

30  experience requirements set forth in s. 471.013; or

31


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  1         (5)(a)  The board shall deem that an applicant who

  2  seeks licensure by endorsement has passed an examination

  3  substantially equivalent to part I of the engineering

  4  examination when such applicant:

  5         1.  Has held a valid professional engineer's license

  6  registration in another state for 15 years and has had 20

  7  years of continuous professional-level engineering experience;

  8         2.  Has received a doctorate degree in engineering from

  9  an institution that has an undergraduate engineering degree

10  program which is accredited by the Accreditation Board for

11  Engineering Technology; or

12         3.  Has received a doctorate degree in engineering and

13  has taught engineering full time for at least 3 years, at the

14  baccalaureate level or higher, after receiving that degree.

15         (b)  The board shall deem that an applicant who seeks

16  licensure by endorsement has passed an examination

17  substantially equivalent to part I and part II of the

18  engineering examination when such applicant has held a valid

19  professional engineer's license registration in another state

20  for 25 years and has had 30 years of continuous

21  professional-level engineering experience.

22         Section 22.  Section 471.019, Florida Statutes, is

23  amended to read:

24         471.019  Reactivation.--The board shall prescribe by

25  rule continuing education requirements for reactivating a

26  license. The continuing education requirements for

27  reactivating a license for a licensed registered engineer may

28  not exceed 12 classroom hours for each year the license was

29  inactive.

30         Section 23.  Section 471.0195, Florida Statutes, is

31  amended to read:


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  1         471.0195  Florida Building Code training for

  2  engineers.--Effective January 1, 2000, All licensees actively

  3  participating in the design of engineering works or systems in

  4  connection with buildings, structures, or facilities and

  5  systems covered by the Florida Building Code shall take

  6  continuing education courses and submit proof to the board, at

  7  such times and in such manner as established by the board by

  8  rule, that the licensee has completed the core curriculum

  9  courses and any specialized or advanced courses on any portion

10  of the Florida Building Code applicable to the licensee's area

11  of practice or has passed the appropriate equivalency test of

12  the Building Code Training Program as required established by

13  s. 553.841.  The board shall record reported continuing

14  education courses on a system easily accessed by code

15  enforcement jurisdictions for evaluation when determining

16  license status for purposes of processing design documents.

17  Local jurisdictions shall be responsible for notifying the

18  board when design documents are submitted for building

19  construction permits by persons who are not in compliance with

20  this section. The board shall take appropriate action as

21  provided by its rules when such noncompliance is determined to

22  exist.

23         Section 24.  Subsections (1) and (2) of section

24  471.021, Florida Statutes, are amended to read:

25         471.021  Engineers and firms of other states; temporary

26  certificates to practice in Florida.--

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

28  set in s. 471.011, the management corporation shall issue a

29  temporary license registration for work on one specified

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

31  engineer holding a certificate to practice in another state,


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  1  provided Florida licensees registrants are similarly permitted

  2  to engage in work in such state and provided that the engineer

  3  be qualified for licensure by endorsement.

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

  5  set in s. 471.011, the management corporation shall issue a

  6  temporary certificate of authorization for work on one

  7  specified project in this state for a period not to exceed 1

  8  year to an out-of-state corporation, partnership, or firm,

  9  provided one of the principal officers of the corporation, one

10  of the partners of the partnership, or one of the principals

11  in the fictitiously named firm has obtained a temporary

12  license certificate of registration in accordance with

13  subsection (1).

14         Section 25.  Section 471.023, Florida Statutes, is

15  amended to read:

16         471.023  Certification of partnerships and

17  corporations.--

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

19  engineering by licensees registrants through a corporation or

20  partnership offering engineering services to the public or by

21  a corporation or partnership offering said services to the

22  public through licensees registrants under this chapter as

23  agents, employees, officers, or partners is permitted only if

24  the firm possesses a certification issued by the management

25  corporation pursuant to qualification by the board, subject to

26  the provisions of this chapter.  One or more of the principal

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

28  partnership and all personnel of the corporation or

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

30  shall be licensed registered as provided by this chapter.  All

31  final drawings, specifications, plans, reports, or documents


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  1  involving practices licensed registered under this chapter

  2  which are prepared or approved for the use of the corporation

  3  or partnership or for public record within the state shall be

  4  dated and shall bear the signature and seal of the licensee

  5  registrant who prepared or approved them. Nothing in this

  6  section shall be construed to mean that a license certificate

  7  of registration to practice engineering shall be held by a

  8  corporation.  Nothing herein prohibits corporations and

  9  partnerships from joining together to offer engineering

10  services to the public, provided each corporation or

11  partnership otherwise meets the requirements of this section.

12  No corporation or partnership shall be relieved of

13  responsibility for the conduct or acts of its agents,

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

15  section, nor shall any individual practicing engineering be

16  relieved of responsibility for professional services performed

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

18  corporation or partnership.

19         (2)  For the purposes of this section, a certificate of

20  authorization shall be required for a corporation,

21  partnership, association, or person practicing under a

22  fictitious name, offering engineering services to the public.

23  However, when an individual is practicing engineering in his

24  or her own given name, he or she shall not be required to be

25  licensed register under this section.

26         (3)  The fact that a licensed registered engineer

27  practices through a corporation or partnership shall not

28  relieve the licensee registrant from personal liability for

29  negligence, misconduct, or wrongful acts committed by him or

30  her.  Partnerships and all partners shall be jointly and

31  severally liable for the negligence, misconduct, or wrongful


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  1  acts committed by their agents, employees, or partners while

  2  acting in a professional capacity.  Any officer, agent, or

  3  employee of a corporation shall be personally liable and

  4  accountable only for negligent acts, wrongful acts, or

  5  misconduct committed by him or her or committed by any person

  6  under his or her direct supervision and control, while

  7  rendering professional services on behalf of the corporation.

  8  The personal liability of a shareholder of a corporation, in

  9  his or her capacity as shareholder, shall be no greater than

10  that of a shareholder-employee of a corporation incorporated

11  under chapter 607.  The corporation shall be liable up to the

12  full value of its property for any negligent acts, wrongful

13  acts, or misconduct committed by any of its officers, agents,

14  or employees while they are engaged on behalf of the

15  corporation in the rendering of professional services.

16         (4)  Each certification of authorization shall be

17  renewed every 2 years.  Each partnership and corporation

18  certified under this section shall notify the board within 1

19  month of any change in the information contained in the

20  application upon which the certification is based.

21         (5)  Disciplinary action against a corporation or

22  partnership shall be administered in the same manner and on

23  the same grounds as disciplinary action against a licensed

24  registered engineer.

25         Section 26.  Section 471.025, Florida Statutes, is

26  amended to read:

27         471.025  Seals.--

28         (1)  The board shall prescribe, by rule, one or more

29  forms a form of seal to be used by licensees registrants

30  holding valid certificates of registration.  Each licensee

31  registrant shall obtain at least one an impression-type metal


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  1  seal in the form approved by rule of the board aforesaid and

  2  may, in addition, register his or her seal electronically in

  3  accordance with ss. 668.001-668.006.  All final drawings,

  4  specifications, plans, reports, or documents prepared or

  5  issued by the licensee registrant and being filed for public

  6  record and all final bid documents provided to the owner or

  7  the owner's representative shall be signed by the licensee

  8  registrant, dated, and sealed stamped with said seal. Such

  9  signature, date, and seal shall be evidence of the

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

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

12  documents prepared or issued by a licensee registrant may be

13  transmitted electronically and may be signed by the licensee

14  registrant, dated, and sealed stamped electronically with said

15  seal in accordance with ss. 668.001-668.006.

16         (2)  It is unlawful for any person to stamp, seal, or

17  digitally sign any document with a seal or digital signature

18  after his or her license certificate of registration has

19  expired or been revoked or suspended, unless such license

20  certificate of registration has been reinstated or reissued.

21  When an engineer's license the certificate of registration of

22  a registrant has been revoked or suspended by the board, the

23  licensee it shall be mandatory that the registrant, within a

24  period of 30 days after the revocation or suspension has

25  become effective, surrender his or her seal to the executive

26  director secretary of the board and confirm to the executive

27  director secretary the cancellation of the licensee's

28  registrant's digital signature in accordance with ss.

29  668.001-668.006.  In the event the engineer's license

30  registrant's certificate has been suspended for a period of

31


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  1  time, his or her seal shall be returned to him or her upon

  2  expiration of the suspension period.

  3         (3)  No licensee registrant shall affix or permit to be

  4  affixed his or her seal, name, or digital signature to any

  5  plan, specification, drawing, final bid document, or other

  6  document that depicts work which he or she is not licensed to

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

  8  therein.

  9         Section 27.  Section 471.027, Florida Statutes, is

10  amended to read:

11         471.027  Engineers authorized to enter lands of third

12  parties under certain conditions.--Engineers are hereby

13  granted permission and authority to go on, over, and upon the

14  lands of others when necessary to make engineering surveys

15  and, in so doing, to carry with them their agents and

16  employees necessary for that purpose.  Entry under the right

17  hereby granted shall not constitute trespass, and engineers

18  and their duly authorized agents or employees so entering

19  shall not be liable to arrest or a civil action by reason of

20  such entry; however, nothing in this section shall be

21  construed as giving authority to said licensees registrants,

22  agents, or employees to destroy, injure, damage, or move

23  anything on lands of another without the written permission of

24  the landowner.

25         Section 28.  Subsection (1) of section 471.031, Florida

26  Statutes, is amended to read:

27         471.031  Prohibitions; penalties.--

28         (1)  A person may not knowingly:

29         (a)  Practice engineering unless the person is licensed

30  registered under this chapter;

31


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  1         (b)  Use the name or title "professional registered

  2  engineer" or any other title, designation, words, letters,

  3  abbreviations, or device tending to indicate that such person

  4  holds an active license registration as an engineer when the

  5  person is not licensed registered under this chapter,

  6  including, but not limited to, the following titles:

  7  "agricultural engineer," "air-conditioning engineer,"

  8  "architectural engineer," "building engineer," "chemical

  9  engineer," "civil engineer," "control systems engineer,"

10  "electrical engineer," "environmental engineer," "fire

11  protection engineer," "industrial engineer," "manufacturing

12  engineer," "mechanical engineer," "metallurgical engineer,"

13  "mining engineer," "minerals engineer," "marine engineer,"

14  "nuclear engineer," "petroleum engineer," "plumbing engineer,"

15  "structural engineer," "transportation engineer," "software

16  engineer," "computer hardware engineer," or "systems

17  engineer";

18         (c)  Present as his or her own the license registration

19  of another;

20         (d)  Give false or forged evidence to the board or a

21  member thereof;

22         (e)  Use or attempt to use a license registration that

23  has been suspended, revoked, or placed on inactive or

24  delinquent status;

25         (f)  Employ unlicensed persons to practice engineering;

26  or

27         (g)  Conceal information relative to violations of this

28  chapter.

29         Section 29.  Paragraph (e) of subsection (1) and

30  paragraph (c) of subsection (3) of section 471.033, Florida

31  Statutes, are amended to read:


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  1         471.033  Disciplinary proceedings.--

  2         (1)  The following acts constitute grounds for which

  3  the disciplinary actions in subsection (3) may be taken:

  4         (e)  Making or filing a report or record that the

  5  licensee knows to be false, willfully failing to file a report

  6  or record required by state or federal law, willfully impeding

  7  or obstructing such filing, or inducing another person to

  8  impede or obstruct such filing. Such reports or records

  9  include only those that are signed in the capacity of a

10  licensed registered engineer.

11         (3)  When the board finds any person guilty of any of

12  the grounds set forth in subsection (1), it may enter an order

13  imposing one or more of the following penalties:

14         (c)  Imposition of an administrative fine not to exceed

15  $1,000 for each count or separate offense and a fine of up to

16  $5,000 for matters pertaining to a material violation of the

17  Florida Building Code as reported by a local jurisdiction.

18         Section 30.  Subsection (1) of section 471.037, Florida

19  Statutes, is amended to read:

20         471.037  Effect of chapter locally.--

21         (1)  Nothing contained in this chapter shall be

22  construed to repeal, amend, limit, or otherwise affect any

23  local building code or zoning law or ordinance, now or

24  hereafter enacted, which is more restrictive with respect to

25  the services of licensed registered engineers than the

26  provisions of this chapter.

27         Section 31.  Subsection (1) of section 509.036, Florida

28  Statutes, is amended to read:

29         509.036  Public food service inspector

30  standardization.--

31


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  1         (1)  Any person performing required inspections of

  2  licensed public food service establishments for the division

  3  or its agent must:

  4         (a)  Be standardized by a food service evaluation

  5  officer certified by the federal Food and Drug Administration;

  6         (b)  Pass an approved the food protection practices

  7  test as prescribed by s. 509.039; and

  8         (c)  Pass a written examination to demonstrate

  9  knowledge of the laws and rules which regulate public food

10  service establishments.

11         Section 32.  Section 210.08, Florida Statutes, is

12  amended to read:

13         210.08  Bond for payment of taxes.--Each dealer, agent,

14  or distributing agent shall file with the division a surety

15  bond, certificate of deposit, or irrevocable letter of credit

16  acceptable to the division in the sum of $10,000 as surety for

17  the payment of all taxes; provided, however, that where in the

18  discretion of the division the amount of business done by the

19  dealer, agent, or distributing agent is of such volume that a

20  bond, certificate of deposit, or irrevocable letter of credit

21  of less than $10,000 will be adequate to secure the payment of

22  all taxes assessed as authorized by the cigarette tax law, the

23  division may accept a bond, certificate of deposit, or

24  irrevocable letter of credit in a lesser sum than $10,000, but

25  in no event shall it accept a bond, certificate of deposit, or

26  irrevocable letter of credit of less than $1,000, and it may

27  at any time in its discretion require any bond, certificate of

28  deposit, or irrevocable letter of credit in an amount less

29  than $10,000 to be increased not to exceed $10,000.

30         Section 33.  This act shall take effect upon becoming a

31  law.


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