Senate Bill sb2304c1
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
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
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2304
315-2217-04
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
4
CODING: Words stricken are deletions; words underlined are additions.
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
31
5
CODING: Words stricken are deletions; words underlined are additions.
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,
31
6
CODING: Words stricken are deletions; words underlined are additions.
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
7
CODING: Words stricken are deletions; words underlined are additions.
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,
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2304
315-2217-04
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.
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2304
315-2217-04
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.
11
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.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.