HB 1001CS

CHAMBER ACTION



1The Committee on Business Regulation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to construction contracting; amending s.
7481.321, F.S.; requiring the Board of Landscape
8Architecture to prescribe, by rule, one or more forms of
9seals for use by a registered landscape architect who
10holds a valid certificate of registration; authorizing
11registration of the seal electronically; authorizing
12electronic transmission and sealing of final plans,
13specifications, or reports; reenacting s. 481.325(1)(a)
14and (3), F.S., relating to disciplinary proceedings, to
15incorporate the amendment to s. 481.321, F.S., in a
16reference thereto; providing penalties; amending s.
17489.103, F.S.; exempting preengineered fire extinguishing
18system permittees from construction contracting
19regulation; amending s. 489.105, F.S.; revising contractor
20definitions to authorize Class A and Class B air-
21conditioning contractors to reconnect changeouts of
22liquefied petroleum or natural gas appliances within
23buildings, mechanical contractors to install, maintain,
24fabricate, repair, alter, extend, or design, when not
25prohibited by law, liquefied petroleum gas lines within
26buildings, and plumbing contractors to install liquefied
27petroleum gas lines; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsections (1) and (2) of section 481.321,
32Florida Statutes, are amended to read:
33     481.321  Seals; display of certificate number.--
34     (1)  The board shall prescribe, by rule, one or more forms
35of seals for use a form of seal to be used by a registered
36landscape architect who holds a valid certificate of
37registration. Each registered landscape architect shall obtain
38one an impression-type metal seal in a form approved by rule of
39the board and may, in addition, register her or his seal
40electronically in accordance with ss. 668.001-668.006., and All
41final plans, specifications, or reports prepared or issued by
42the registered landscape architect and filed for public record
43shall be signed by the registered landscape architect, dated,
44and stamped or sealed electronically with her or his seal. The
45signature, date, and seal constitute evidence of the
46authenticity of that to which they are affixed. Final plans,
47specifications, or reports prepared or issued by a registered
48landscape architect may be transmitted electronically and may be
49signed by the registered landscape architect, dated, and sealed
50electronically with such seal in accordance with ss. 668.001-
51668.006.
52     (2)  It is unlawful for any person to sign and seal by any
53means any final plan, specification, or report after her or his
54certificate of registration is expired, suspended, or revoked. A
55registered landscape architect whose certificate of registration
56is suspended or revoked shall, within 30 days after the
57effective date of the suspension or revocation, surrender her or
58his seal to the executive director of the board and confirm in
59writing to the executive director the cancellation of the
60landscape architect's electronic signature in accordance with
61ss. 668.001-668.006. When a landscape architect's certificate of
62registration is suspended for a period of time, her or his seal
63shall be returned upon expiration of the period of suspension.
64When the certificate of registration of a registered landscape
65architect has been revoked or suspended by the board, the
66registered landscape architect shall surrender her or his seal
67to the executive director of the board within 30 days after the
68revocation or suspension has become effective. If the
69certificate of the registered landscape architect is suspended
70for a period of time, her or his seal shall be returned to her
71or him upon expiration of the suspension period.
72     Section 2.  For the purpose of incorporating the amendment
73to section 481.321, Florida Statutes, in a reference thereto,
74paragraph (a) of subsection (1) and subsection (3) of section
75481.325, Florida Statutes, are amended to read:
76     481.325  Disciplinary proceedings.--
77     (1)  The following acts constitute grounds for which the
78disciplinary actions in subsection (3) may be taken:
79     (a)  Violation of any provision of s. 455.227(1), s.
80481.321, or s. 481.323.
81     (3)  When the board finds any registered landscape
82architect guilty of any of the grounds set forth in subsection
83(1), it may enter an order imposing one or more of the following
84penalties:
85     (a)  Denial of an application for licensure.
86     (b)  Revocation or suspension of a license.
87     (c)  Imposition of an administrative fine not to exceed
88$1,000 for each count or separate offense and a fine of up to
89$5,000 for matters pertaining to a material violation of the
90Florida Building Code as reported by a local jurisdiction.
91     (d)  Issuance of a reprimand.
92     (e)  Placement of the registered landscape architect on
93probation for a period of time and subject to such conditions as
94the board may specify, including requiring the registered
95landscape architect to attend continuing education courses or to
96work under the supervision of another registered landscape
97architect.
98     (f)  Restriction of the authorized scope of practice by the
99registered landscape architect.
100     Section 3.  Subsection (20) is added to section 489.103,
101Florida Statutes, to read:
102     489.103  Exemptions.--This part does not apply to:
103     (20)  A person licensed pursuant to s. 633.061(1)(d) or
104(2)(b) performing work authorized by such license.
105     Section 4.  Paragraphs (f), (g), (i), and (m) of subsection
106(3) of section 489.105, Florida Statutes, are amended to read:
107     489.105  Definitions.--As used in this part:
108     (3)  "Contractor" means the person who is qualified for,
109and shall only be responsible for, the project contracted for
110and means, except as exempted in this part, the person who, for
111compensation, undertakes to, submits a bid to, or does himself
112or herself or by others construct, repair, alter, remodel, add
113to, demolish, subtract from, or improve any building or
114structure, including related improvements to real estate, for
115others or for resale to others; and whose job scope is
116substantially similar to the job scope described in one of the
117subsequent paragraphs of this subsection. For the purposes of
118regulation under this part, "demolish" applies only to
119demolition of steel tanks over 50 feet in height; towers over 50
120feet in height; other structures over 50 feet in height, other
121than buildings or residences over three stories tall; and
122buildings or residences over three stories tall. Contractors are
123subdivided into two divisions, Division I, consisting of those
124contractors defined in paragraphs (a)-(c), and Division II,
125consisting of those contractors defined in paragraphs (d)-(q):
126     (f)  "Class A air-conditioning contractor" means a
127contractor whose services are unlimited in the execution of
128contracts requiring the experience, knowledge, and skill to
129install, maintain, repair, fabricate, alter, extend, or design,
130when not prohibited by law, central air-conditioning,
131refrigeration, heating, and ventilating systems, including duct
132work in connection with a complete system only to the extent
133such duct work is performed by the contractor as is necessary to
134make complete an air-distribution system, boiler and unfired
135pressure vessel systems, and all appurtenances, apparatus, or
136equipment used in connection therewith, and any duct cleaning
137and equipment sanitizing which requires at least a partial
138disassembling of the system; to install, maintain, repair,
139fabricate, alter, extend, or design, when not prohibited by law,
140piping, insulation of pipes, vessels and ducts, pressure and
141process piping, and pneumatic control piping; to replace,
142disconnect, or reconnect power wiring on the load side of the
143dedicated existing electrical disconnect switch; to install,
144disconnect, and reconnect low voltage heating, ventilating, and
145air-conditioning control wiring; and to install a condensate
146drain from an air-conditioning unit to an existing safe waste or
147other approved disposal other than a direct connection to a
148sanitary system. The scope of work for such contractor shall
149also include any excavation work incidental thereto, but shall
150not include any work such as liquefied petroleum or natural gas
151fuel lines within buildings, except for reconnecting changeouts
152of liquefied petroleum or natural gas appliances within
153buildings;, potable water lines or connections thereto;,
154sanitary sewer lines;, swimming pool piping and filters;, or
155electrical power wiring.
156     (g)  "Class B air-conditioning contractor" means a
157contractor whose services are limited to 25 tons of cooling and
158500,000 Btu of heating in any one system in the execution of
159contracts requiring the experience, knowledge, and skill to
160install, maintain, repair, fabricate, alter, extend, or design,
161when not prohibited by law, central air-conditioning,
162refrigeration, heating, and ventilating systems, including duct
163work in connection with a complete system only to the extent
164such duct work is performed by the contractor as is necessary to
165make complete an air-distribution system being installed under
166this classification, and any duct cleaning and equipment
167sanitizing which requires at least a partial disassembling of
168the system; to install, maintain, repair, fabricate, alter,
169extend, or design, when not prohibited by law, piping and
170insulation of pipes, vessels, and ducts; to replace, disconnect,
171or reconnect power wiring on the load side of the dedicated
172existing electrical disconnect switch; to install, disconnect,
173and reconnect low voltage heating, ventilating, and air-
174conditioning control wiring; and to install a condensate drain
175from an air-conditioning unit to an existing safe waste or other
176approved disposal other than a direct connection to a sanitary
177system. The scope of work for such contractor shall also include
178any excavation work incidental thereto, but shall not include
179any work such as liquefied petroleum or natural gas fuel lines
180within buildings, except for reconnecting changeouts of
181liquefied petroleum or natural gas appliances within buildings;,
182potable water lines or connections thereto;, sanitary sewer
183lines;, swimming pool piping and filters;, or electrical power
184wiring.
185     (i)  "Mechanical contractor" means a contractor whose
186services are unlimited in the execution of contracts requiring
187the experience, knowledge, and skill to install, maintain,
188repair, fabricate, alter, extend, or design, when not prohibited
189by law, central air-conditioning, refrigeration, heating, and
190ventilating systems, including duct work in connection with a
191complete system only to the extent such duct work is performed
192by the contractor as is necessary to make complete an air-
193distribution system, boiler and unfired pressure vessel systems,
194lift station equipment and piping, and all appurtenances,
195apparatus, or equipment used in connection therewith, and any
196duct cleaning and equipment sanitizing which requires at least a
197partial disassembling of the system; to install, maintain,
198repair, fabricate, alter, extend, or design, when not prohibited
199by law, piping, insulation of pipes, vessels and ducts, pressure
200and process piping, pneumatic control piping, gasoline tanks and
201pump installations and piping for same, standpipes, air piping,
202vacuum line piping, oxygen lines, nitrous oxide piping, ink and
203chemical lines, fuel transmission lines, liquefied petroleum gas
204lines within buildings, and natural gas fuel lines within
205buildings; to replace, disconnect, or reconnect power wiring on
206the load side of the dedicated existing electrical disconnect
207switch; to install, disconnect, and reconnect low voltage
208heating, ventilating, and air-conditioning control wiring; and
209to install a condensate drain from an air-conditioning unit to
210an existing safe waste or other approved disposal other than a
211direct connection to a sanitary system. The scope of work for
212such contractor shall also include any excavation work
213incidental thereto, but shall not include any work such as
214liquefied petroleum gas fuel lines within buildings, potable
215water lines or connections thereto, sanitary sewer lines,
216swimming pool piping and filters, or electrical power wiring.
217     (m)  "Plumbing contractor" means a contractor whose
218contracting business consists of the execution of contracts
219requiring the experience, financial means, knowledge, and skill
220to install, maintain, repair, alter, extend, or, when not
221prohibited by law, design plumbing. A plumbing contractor may
222install, maintain, repair, alter, extend, or, when not
223prohibited by law, design the following without obtaining any
224additional local regulatory license, certificate, or
225registration: sanitary drainage or storm drainage facilities;
226venting systems; public or private water supply systems; septic
227tanks; drainage and supply wells; swimming pool piping;
228irrigation systems; or solar heating water systems and all
229appurtenances, apparatus, or equipment used in connection
230therewith, including boilers and pressure process piping and
231including the installation of water, natural gas, liquefied
232(excluding liquid petroleum gas gases), and storm and sanitary
233sewer lines; and water and sewer plants and substations. The
234scope of work of the plumbing contractor also includes the
235design, when not prohibited by law, and installation,
236maintenance, repair, alteration, or extension of air-piping,
237vacuum line piping, oxygen line piping, nitrous oxide piping,
238and all related medical gas systems; fire line standpipes and
239fire sprinklers to the extent authorized by law; ink and
240chemical lines; fuel oil and gasoline piping and tank and pump
241installation, except bulk storage plants; and pneumatic control
242piping systems, all in such a manner as to comply with all
243plans, specifications, codes, laws, and regulations applicable.
244The scope of work of the plumbing contractor shall apply to
245private property and public property, shall include any
246excavation work incidental thereto, and shall include the work
247of the specialty plumbing contractor. Such contractor shall
248subcontract, with a qualified contractor in the field concerned,
249all other work incidental to the work but which is specified
250herein as being the work of a trade other than that of a
251plumbing contractor. Nothing in this definition shall be
252construed to limit the scope of work of any specialty contractor
253certified pursuant to s. 489.113(6). Nothing in this definition
254shall be construed to require certification or registration
255under this part of any authorized employee of a public natural
256gas utility or of a private natural gas utility regulated by the
257Public Service Commission when disconnecting and reconnecting
258water lines in the servicing or replacement of an existing water
259heater.
260     Section 5.  This act shall take effect July 1, 2004.


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