HOUSE AMENDMENT Bill No. HB 1277 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Ritter offered the following:
13
14	Amendment (with title amendment)
15	Between line(s) 256 and 257, insert:
16	Section 9. Part IV of chapter 489, Florida Statutes,
17	consisting of sections 489.601, 489.602, 489.603, 489.604,
18	489.605, 489.606, 489.607, 489.608, and 489.609, is created to
19	read:
20	PART IV
21	PAINTING CONTRACTING
22	489.601 Purpose.--The purpose of this part is to regulate
23	painting contractors in order to protect such contractors and
24	the public from potential hazards to their health, the
25	environment, and the economy, which include, but are not limited
26	to:
27	(1) Exposure to lead, asbestos, and other hazardous
28	materials, including the release of hazardous airborne materials
29	into the environment.
30	(2) Illegal disposal of hazardous wastes.
31	(3) Environmental disaster cleanups, which are publicly
32	funded.
33	(4) Performance of unsatisfactory work by unlicensed and
34	unskilled contractors, without recourse or a forum in which to
35	correct substandard work.
36	(5) Lack of a central database or source of information
37	for the public to track migrating contractors' work histories or
38	credentials or to provide a listing of legal contractors.
39	(6) Unsafe job conditions leading to worker injuries and
40	exposure to hazardous materials.
41	489.602 Definitions.--As used in this part:
42	(1) "Board" means the Construction Industry Licensing
43	Board.
44	(2) "Department" means the Department of Business and
45	Professional Regulation.
46	(3) "Painting contractor" is defined as follows:
47	(a) Class A painting contractor.--
48	1. A Class A painting contractor may perform all work
49	related to industrial facilities, commercial facilities, all
50	multi-structured commercial and residential buildings with two
51	or more attached units, and other superstructures, including
52	bridges and communication towers.
53	2. The work of a Class A painting contractor includes
54	sandblasting, water/moisture proofing, cementitious coatings and
55	waterproofing, pressure washing of surfaces, and related repairs
56	to interior and exterior existing surfaces, using paint-related
57	products such as caulk, spackle, putty, epoxies, urethanes, and
58	textured coatings.
59	3. The work of a Class A painting contractor also includes
60	paper, fabric, and vinyl wall coverings and the necessary
61	surface preparation as specified by manufacturers and governed
62	by industry standards.
63	4. A Class A painting contractor must have a minimum of 3
64	years of practical experience in the category.
65	(b) Class B painting contractor.--
66	1. A Class B painting contractor is limited to the
67	preparation for painting and the application of paint and
68	related liquid or viscous products by brush, roller, or spray
69	methods to interior and exterior surfaces, including roofs, in
70	such a manner that, under an agreed specification, satisfactory
71	painting can be accomplished, and includes work necessary to
72	clean, caulk, and size surfaces in preparation for such work.
73	2. The work of a Class B painting contractor is limited to
74	residential construction of detached single-family housing.
75	3. The work of a Class B painting contractor includes
76	paper, fabric, and vinyl wall coverings and the necessary
77	surface preparation as specified by manufacturers and governed
78	by industry standards.
79	4. A Class B painting contractor must have a minimum of 1
80	year of practical experience in the category.
81	489.603 Exemptions from the part.--
82	(1) A licensed general or building contractor is exempt
83	from this part and is not required to obtain either a Class A or
84	Class B painting contractor license.
85	(2) A licensed residential contractor is exempt from this
86	part in limited form and is not required to obtain a Class B
87	painting contractor license.
88	489.604 Registration required.--A person may not hold
89	himself or herself out as a painting contractor in this state
90	unless he or she is registered by the department in accordance
91	with the provisions of this part. However, nothing in this part
92	prohibits any person licensed in this state pursuant to s.
93	489.105(3)(m) from engaging in the profession for which he or
94	she is licensed.
95	489.605 Administration of part; registration
96	qualifications; examination.--
97	(1)(a) An applicant for registration as a Class A painting
98	contractor is eligible to take the painting contractor's
99	examination if he or she possesses a minimum of 3 years of
100	proven experience in the category or has completed a Department
101	of Labor, Bureau of Apprenticeship Training program.
102	(b) An applicant for registration as a Class B painting
103	contractor is eligible to take the painting contractor's
104	examination if he or she possesses a minimum of 1 year of proven
105	experience in the category.
106	(2) Any person who desires to be registered shall apply to
107	the department in writing.
108	(3) A person shall be eligible for registration by
109	examination if the person:
110	(a) Is at least 18 years of age.
111	(b) Is of good moral character.
112	(c) Meets eligibility requirements as set out in
113	subsection (1).
114	(4)(a) The board may refuse to register an applicant for
115	failure to satisfy the requirement of good moral character only
116	if:
117	1. There is a substantial connection between the lack of
118	good moral character of the applicant and the professional
119	responsibilities of a certified contractor; and
120	2. The finding by the board of lack of good moral
121	character is supported by clear and convincing evidence.
122	(b) When an applicant is found to be unqualified for
123	registration because of a lack of good moral character, the
124	board shall furnish the applicant a statement containing the
125	findings of the board, a complete record of the evidence upon
126	which the determination was based, and a notice of the rights of
127	the applicant to a rehearing and appeal.
128	(5) The department shall ensure that a sensitivity review
129	committee has been established for the examination, including
130	representatives of various ethnic and minority groups. No
131	question found by this committee to be discriminatory against
132	any ethnic or minority group shall be included in the
133	examination.
134	489.606 Issuance of registration; grandfathering
135	provisions.--
136	(1) The board shall, upon receipt of a completed
137	application and appropriate fee, issue a registration to a
138	painting contractor who makes application to the department and
139	can show that he or she:
140	(a) Has at least 5 years of business experience as a
141	painting contractor in that contracting category; or
142	(b) Provides a letter of reciprocity from a county that
143	requires the painting contractor to pass a written, proctored
144	examination.
145	(2) A painting contractor doing business in a county that
146	does not require licensing as of January 1, 2003, may be granted
147	a period of 6 months to be grandfathered in after:
148	(a) Providing documentation of having been actively
149	engaged in business for at least 5 years.
150	(b) Submitting satisfactory evidence of having obtained
151	workers' compensation insurance or an acceptable exemption
152	certificate and evidence of financial responsibility, credit,
153	and business reputation.
154	(c) Completing 16 hours of continuing education in safety,
155	worker's compensation, and business practices, in accordance
156	with s. 489.607.
157	489.607 Registration renewal; continuing education.--
158	(1) In addition to the other requirements for registration
159	renewal set out in this part, each registered painting
160	contractor must complete biennially not less than 16 hours of
161	continuing professional education in painting subjects. Programs
162	of continuing education shall be programs of learning that
163	contribute directly to the painting education of the painting
164	contractor and may include, but are not limited to, attendance
165	at lectures, study clubs, college postgraduate courses, or
166	scientific sessions of conventions and research, graduate study,
167	teaching, or service as a painter. Programs of continuing
168	education shall be acceptable when adhering to the following
169	general guidelines:
170	(a) The aim of continuing education for painting
171	contractors is to improve all phases of air quality to the
172	public and provide safe work practices to employees.
173	(b) Continuing education courses shall address one or more
174	of the following areas of professional development, including,
175	but not limited to:
176	1. Basic paint subjects and scientific subjects,
177	including, but not limited to, the construction industry.
178	2. Subjects pertinent to health and safety.
179	3. Business practices and responsibilities.
180	(c) Continuing education credits shall be earned at the
181	rate of one-half credit hour per 25-30 contact minutes of
182	instruction and one credit hour per 50-60 contact minutes of
183	instruction.
184	(2) Programs meeting the general requirements of
185	subsection (1) may be developed and offered to painting
186	contractors by any of the following agencies or organizations:
187	(a) The Florida Council of Painting and Decorating
188	Contractors of America, the Painting and Decorating Contractors
189	of America, and state, district, or local painting associations
190	and societies affiliated with the Painting and Decorating
191	Contractors of America.
192	(b) National, state, district, or local painting specialty
193	organizations affiliated with the Painting and Decorating
194	Contractors of America, including PDCA Contractor College.
195	(c) Trade schools accredited as provided in this part.
196	(d) Participation in the curriculum of the Painting
197	Contractors Educational Partnership.
198	(e) Other organizations, schools, or agencies approved by
199	the board.
200	(3) In applying for registration renewal, the painting
201	contractor shall submit a sworn affidavit, on a form acceptable
202	to the department, attesting that he or she has completed the
203	continuing education required in this section in accordance with
204	the guidelines and provisions of this section and listing the
205	date, location, sponsor, subject matter, and hours of completed
206	continuing education courses. The applicant shall retain in his
207	or her records such receipts, vouchers, or certificates as may
208	be necessary to document completion of the continuing education
209	courses listed in accordance with this subsection. The board may
210	request such documentation by the applicant with cause and may
211	request such documentation from applicants selected at random
212	without cause.
213	(4) Compliance with the continuing education requirements
214	of this section shall be mandatory for the issuance of a renewal
215	registration by the department. However, the board shall have
216	the authority to excuse licensees, as a group or as individuals,
217	from such requirements, or any part thereof, in the event of an
218	unusual circumstance, emergency, or special hardship.
219	489.608 Fees.--
220	(1) The department shall, by rule, establish fees under
221	this part as follows:
222	(a) Application and examination fee: not less than $25 or
223	more than $75.
224	(b) Initial and renewal registration fee for a Class A
225	painting contractor: $500.
226	(c) Initial and renewal registration fee for a Class B
227	painting contractor: $250.
228	(2) Fees established pursuant to subsection (1) shall be
229	based on the actual costs incurred by the department in carrying
230	out its registration and other related responsibilities under
231	this part.
232	489.609 Penalties; denial of registration.--
233	(1) Any person who violates any provision of this part
234	commits a misdemeanor of the first degree, punishable as
235	provided in s.775.082 or s. 775.083.
236	(2) The department may deny a registration if it
237	determines that an applicant does not meet all requirements of
238	this part or has violated any provision of this part. Any
239	applicant aggrieved by such denial shall be entitled to a
240	hearing, after reasonable notice thereof, upon filing a written
241	request for such hearing in accordance with chapter 120.
242
243
244	================= T I T L E A M E N D M E N T =================
245	Remove line(s) 33, and insert:
246	in contracting; creating pt. IV, ch. 489, F.S., relating to
247	painting contracting; providing purpose and definitions;
248	providing exemptions; requiring registration and providing
249	qualifications; providing for administration; providing
250	grandfathering provisions; providing for renewal and continuing
251	education; providing fees; providing prohibited acts and
252	penalties; providing for retroactive application;