Senate Bill sb2304c1

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    Florida Senate - 2004                           CS for SB 2304

    By the Committee on Regulated Industries; and Senator
    Haridopolos




    315-2217-04

  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 481.321, F.S.; requiring the Board

  4         of Landscape Architecture to prescribe, by

  5         rule, one or more forms of seal for use by a

  6         registered landscape architect who holds a

  7         valid certificate of registration; authorizing

  8         registration of the seal electronically,

  9         authorizing electronic transmission and sealing

10         of final plans, specifications, or reports;

11         reenacting s. 481.325(1)(a), (3), F.S.,

12         relating to disciplinary proceedings, to

13         incorporate the amendment to s. 481.321, F.S.,

14         in a reference thereto; providing penalties;

15         amending s. 489.103, F.S.; exempting persons

16         licensed under s. 633.061(1)(d) or (2)(b),

17         F.S., from ch. 489, F.S.; amending s. 489.105,

18         F.S.; authorizing Class A or Class B

19         air-conditioning contractors to disconnect or

20         reconnect liquefied petroleum gas line

21         changeouts; deleting a prohibition against

22         mechanical contractors or plumbing contractors

23         performing work on liquefied petroleum gas

24         lines; providing an effective date.

25  

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

27  

28         Section 1.  Subsections (1) and (2) of section 481.321,

29  Florida Statutes, are amended to read:

30         481.321  Seals; display of certificate number.--

31  

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    Florida Senate - 2004                           CS for SB 2304
    315-2217-04




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

 2  forms a form of seal for use to be used by a registered

 3  landscape architect who holds a valid certificate of

 4  registration.  Each registered landscape architect shall

 5  obtain one an impression-type metal seal in a form approved by

 6  rule of the board and may, in addition, register her or his

 7  seal electronically in accordance with ss. 668-001-668.006.,

 8  and All final plans, specifications, or reports prepared or

 9  issued by the registered landscape architect and filed for

10  public record shall be signed by the registered landscape

11  architect, dated, and stamped with her or his seal.  The

12  signature, date, and seal constitute evidence of the

13  authenticity of that to which they are affixed. Final plans,

14  specifications, or reports prepared or issued by a registered

15  landscape architect may be transmitted electronically and may

16  be signed by the registered landscape architect, dated, and

17  sealed electronically with such seal in accordance with ss.

18  668.001-688.006.

19         (2)  It is unlawful for any person to sign and seal by

20  any means any final plan, specification, or report after her

21  or his certificate of registration is expired, suspended, or

22  revoked. A registered landscape architect whose certificate of

23  registration is suspended or revoked shall, within 30 days

24  after the effective date of the suspension or revocation,

25  surrender her or his seal to the executive director of the

26  board and confirm in writing to the executive director the

27  cancellation of the landscape architect's electronic signature

28  in accordance with ss. 668.001-688.006. When a landscape

29  architect's certificate of registration is suspended for a

30  period of time, her or his seal shall be returned upon

31  expiration of the period of suspension. When the certificate

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    Florida Senate - 2004                           CS for SB 2304
    315-2217-04




 1  of registration of a registered landscape architect has been

 2  revoked or suspended by the board, the registered landscape

 3  architect shall surrender her or his seal to the executive

 4  director of the board within 30 days after the revocation or

 5  suspension has become effective.  If the certificate of the

 6  registered landscape architect is suspended for a period of

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

 8  expiration of the suspension period.

 9         Section 2.  For the purpose of incorporating the

10  amendment to section 481.325, Florida Statutes, in a reference

11  thereto, paragraph (a) of subsection (1) and subsection (3) of

12  section 481.325, Florida Statutes, are reenacted to read:

13         481.325  Disciplinary proceedings.--

14         (1)  The following acts constitute grounds for which

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

16         (a)  Violation of any provision of s. 455.227(1), s.

17  481.321, or s. 481.323.

18         (3)  When the board finds any registered landscape

19  architect guilty of any of the grounds set forth in subsection

20  (1), it may enter an order imposing one or more of the

21  following penalties:

22         (a)  Denial of an application for licensure.

23         (b)  Revocation or suspension of a license.

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

25  $1,000 for each count or separate offense and a fine of up to

26  $5,000 for matters pertaining to a material violation of the

27  Florida Building Code as reported by a local jurisdiction.

28         (d)  Issuance of a reprimand.

29         (e)  Placement of the registered landscape architect on

30  probation for a period of time and subject to such conditions

31  as the board may specify, including requiring the registered

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    Florida Senate - 2004                           CS for SB 2304
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 1  landscape architect to attend continuing education courses or

 2  to work under the supervision of another registered landscape

 3  architect.

 4         (f)  Restriction of the authorized scope of practice by

 5  the registered landscape architect.

 6         Section 3.  Subsection (20) is added to section

 7  489.103, Florida Statutes, to read:

 8         489.103  Exemptions.--This part does not apply to:

 9         (20)  A person licensed under s. 633.061(1)(d) or

10  (2)(b) performing work authorized by such license.

11         Section 4.  Paragraphs (f), (g), (i), and (m) of

12  subsection (3) of section 489.105, Florida Statutes, are

13  amended to read:

14         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

21  building or structure, including related improvements to real

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

23  scope is substantially similar to the job scope described in

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

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

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

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

28  in height, other than buildings or residences over three

29  stories tall; and buildings or residences over three stories

30  tall. Contractors are subdivided into two divisions, Division

31  I, consisting of those contractors defined in paragraphs

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    Florida Senate - 2004                           CS for SB 2304
    315-2217-04




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

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

 3         (f)  "Class A air-conditioning contractor" means a

 4  contractor whose services are unlimited in the execution of

 5  contracts requiring the experience, knowledge, and skill to

 6  install, maintain, repair, fabricate, alter, extend, or

 7  design, when not prohibited by law, central air-conditioning,

 8  refrigeration, heating, and ventilating systems, including

 9  duct work in connection with a complete system only to the

10  extent such duct work is performed by the contractor as is

11  necessary to make complete an air-distribution system, boiler

12  and unfired pressure vessel systems, and all appurtenances,

13  apparatus, or equipment used in connection therewith, and any

14  duct cleaning and equipment sanitizing which requires at least

15  a partial disassembling of the system; to install, maintain,

16  repair, fabricate, alter, extend, or design, when not

17  prohibited by law, piping, insulation of pipes, vessels and

18  ducts, pressure and process piping, and pneumatic control

19  piping; to replace, disconnect, or reconnect power wiring on

20  the load side of the dedicated existing electrical disconnect

21  switch; to install, disconnect, and reconnect low voltage

22  heating, ventilating, and air-conditioning control wiring; and

23  to install a condensate drain from an air-conditioning unit to

24  an existing safe waste or other approved disposal other than a

25  direct connection to a sanitary system. The scope of work for

26  such contractor shall also include any excavation work

27  incidental thereto, but shall not include any work such as

28  liquefied petroleum or natural gas fuel lines within buildings

29  except for reconnecting changeouts of liquefied petroleum or

30  natural gas appliances within buildings, potable water lines

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    Florida Senate - 2004                           CS for SB 2304
    315-2217-04




 1  or connections thereto, sanitary sewer lines, swimming pool

 2  piping and filters, or electrical power wiring.

 3         (g)  "Class B air-conditioning contractor" means a

 4  contractor whose services are limited to 25 tons of cooling

 5  and 500,000 Btu of heating in any one system in the execution

 6  of contracts requiring the experience, knowledge, and skill to

 7  install, maintain, repair, fabricate, alter, extend, or

 8  design, when not prohibited by law, central air-conditioning,

 9  refrigeration, heating, and ventilating systems, including

10  duct work in connection with a complete system only to the

11  extent such duct work is performed by the contractor as is

12  necessary to make complete an air-distribution system being

13  installed under this classification, and any duct cleaning and

14  equipment sanitizing which requires at least a partial

15  disassembling of the system; to install, maintain, repair,

16  fabricate, alter, extend, or design, when not prohibited by

17  law, piping and insulation of pipes, vessels, and ducts; to

18  replace, disconnect, or reconnect power wiring on the load

19  side of the dedicated existing electrical disconnect switch;

20  to install, disconnect, and reconnect low voltage heating,

21  ventilating, and air-conditioning control wiring; and to

22  install a condensate drain from an air-conditioning unit to an

23  existing safe waste or other approved disposal other than a

24  direct connection to a sanitary system. The scope of work for

25  such contractor shall also include any excavation work

26  incidental thereto, but shall not include any work such as

27  liquefied petroleum or natural gas fuel lines within buildings

28  except for disconnecting or reconnecting changeouts of

29  liquefied petroleum or natural gas appliances within

30  buildings, potable water lines or connections thereto,

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    Florida Senate - 2004                           CS for SB 2304
    315-2217-04




 1  sanitary sewer lines, swimming pool piping and filters, or

 2  electrical power wiring.

 3         (i)  "Mechanical contractor" means a contractor whose

 4  services are unlimited in the execution of contracts requiring

 5  the experience, knowledge, and skill to install, maintain,

 6  repair, fabricate, alter, extend, or design, when not

 7  prohibited by law, central air-conditioning, refrigeration,

 8  heating, and ventilating systems, including duct work in

 9  connection with a complete system only to the extent such duct

10  work is performed by the contractor as is necessary to make

11  complete an air-distribution system, boiler and unfired

12  pressure vessel systems, lift station equipment and piping,

13  and all appurtenances, apparatus, or equipment used in

14  connection therewith, and any duct cleaning and equipment

15  sanitizing which requires at least a partial disassembling of

16  the system; to install, maintain, repair, fabricate, alter,

17  extend, or design, when not prohibited by law, piping,

18  insulation of pipes, vessels and ducts, pressure and process

19  piping, pneumatic control piping, gasoline tanks and pump

20  installations and piping for same, standpipes, air piping,

21  vacuum line piping, oxygen lines, nitrous oxide piping, ink

22  and chemical lines, fuel transmission lines, liquefied

23  petroleum gas lines within buildings, and natural gas fuel

24  lines within buildings; to replace, disconnect, or reconnect

25  power wiring on the load side of the dedicated existing

26  electrical disconnect switch; to install, disconnect, and

27  reconnect low voltage heating, ventilating, and

28  air-conditioning control wiring; and to install a condensate

29  drain from an air-conditioning unit to an existing safe waste

30  or other approved disposal other than a direct connection to a

31  sanitary system. The scope of work for such contractor shall

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    Florida Senate - 2004                           CS for SB 2304
    315-2217-04




 1  also include any excavation work incidental thereto, but shall

 2  not include any work such as liquefied petroleum gas fuel

 3  lines within buildings, potable water lines or connections

 4  thereto, sanitary sewer lines, swimming pool piping and

 5  filters, or electrical power wiring.

 6         (m)  "Plumbing contractor" means a contractor whose

 7  contracting business consists of the execution of contracts

 8  requiring the experience, financial means, knowledge, and

 9  skill to install, maintain, repair, alter, extend, or, when

10  not prohibited by law, design plumbing.  A plumbing contractor

11  may install, maintain, repair, alter, extend, or, when not

12  prohibited by law, design the following without obtaining any

13  additional local regulatory license, certificate, or

14  registration:  sanitary drainage or storm drainage facilities;

15  venting systems; public or private water supply systems;

16  septic tanks; drainage and supply wells; swimming pool piping;

17  irrigation systems; or solar heating water systems and all

18  appurtenances, apparatus, or equipment used in connection

19  therewith, including boilers and pressure process piping and

20  including the installation of water, natural gas, (excluding

21  liquid petroleum gases), and storm and sanitary sewer lines;

22  and water and sewer plants and substations.  The scope of work

23  of the plumbing contractor also includes the design, when not

24  prohibited by law, and installation, maintenance, repair,

25  alteration, or extension of air-piping, vacuum line piping,

26  oxygen line piping, nitrous oxide piping, and all related

27  medical gas systems; fire line standpipes and fire sprinklers

28  to the extent authorized by law; ink and chemical lines; fuel

29  oil and gasoline piping and tank and pump installation, except

30  bulk storage plants; and pneumatic control piping systems, all

31  in such a manner as to comply with all plans, specifications,

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    Florida Senate - 2004                           CS for SB 2304
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 1  codes, laws, and regulations applicable.  The scope of work of

 2  the plumbing contractor shall apply to private property and

 3  public property, shall include any excavation work incidental

 4  thereto, and shall include the work of the specialty plumbing

 5  contractor.  Such contractor shall subcontract, with a

 6  qualified contractor in the field concerned, all other work

 7  incidental to the work but which is specified herein as being

 8  the work of a trade other than that of a plumbing contractor.

 9  Nothing in this definition shall be construed to limit the

10  scope of work of any specialty contractor certified pursuant

11  to s. 489.113(6).  Nothing in this definition shall be

12  construed to require certification or registration under this

13  part of any authorized employee of a public natural gas

14  utility or of a private natural gas utility regulated by the

15  Public Service Commission when disconnecting and reconnecting

16  water lines in the servicing or replacement of an existing

17  water heater.

18         Section 5.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 2304
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2304

 3                                 

 4  The committee substitute provides the Department of Business
    and Professional Regulation's Board of Landscape Architecture
 5  with the authority to prescribe by rule the authority to
    electronically sign, seal, or send the final plans,
 6  specifications, or reports prepared or issued by a registered
    landscape architect.  The bill makes it unlawful to sign and
 7  seal any final plan, specification, or report if the
    certificate of registration is expired, suspended, or revoked.
 8  
    The committee substitute provides that persons who perform the
 9  work of servicing, repairing, recharging, hydrotesting,
    installing, or inspecting all types of preengineered fire
10  extinguishing systems are exempt from regulation under Part I
    of ch. 489, F.S.
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    The committee substitute adds clarifying language that class A
12  and class B air conditioning contractors can provide
    disconnect or reconnect changeouts of equipment that includes
13  LP gas or natural gas appliances within buildings.

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