Senate Bill sb2304e1

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  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 481.221, F.S.; requiring the Board

  4         of Architecture and Interior Design to

  5         prescribe, by rule, one or more forms of seals

  6         for use by a registered architect or interior

  7         designer who holds a valid certificate of

  8         registration; authorizing registration of the

  9         seal electronically; authorizing electronic

10         transmission and sealing of final plans,

11         specifications, or reports; prohibiting a

12         person from signing and sealing any final plan,

13         specification, or report after her or his

14         certificate of registration has expired or is

15         suspended or revoked; providing procedures

16         after a registered architect's or interior

17         designer's certificate of registration has

18         expired or is suspended or revoked; amending s.

19         481.321, F.S.; requiring the Board of Landscape

20         Architecture to prescribe, by rule, one or more

21         forms of seal for use by a registered landscape

22         architect who holds a valid certificate of

23         registration; authorizing registration of the

24         seal electronically, authorizing electronic

25         transmission and sealing of final plans,

26         specifications, or reports; reenacting s.

27         481.325(1)(a), (3), F.S., relating to

28         disciplinary proceedings, to incorporate the

29         amendment to s. 481.321, F.S., in a reference

30         thereto; providing penalties; amending s.

31         489.103, F.S.; exempting persons licensed under


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 1         s. 633.061(1)(d) or (2)(b), F.S., from ch. 489,

 2         F.S.; amending s. 489.105, F.S.; authorizing

 3         Class A or Class B air-conditioning contractors

 4         to disconnect or reconnect liquefied petroleum

 5         gas line changeouts; deleting a prohibition

 6         against mechanical contractors or plumbing

 7         contractors performing work on liquefied

 8         petroleum gas lines; amending s. 489.133, F.S.,

 9         deleting authority for certain certification

10         without examination; providing additional

11         requirements for pollutant storage systems

12         specialty contractors; providing an effective

13         date.

14  

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

16  

17         Section 1.  Section 481.221, Florida Statutes, is

18  amended to read:

19         481.221  Seals; display of certificate number.--

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

21  forms of distinctively different seals to be used by

22  registered architects and interior designers, respectively,

23  holding valid certificates of registration.

24         (a)  Each registered architect shall obtain one an

25  impression-type metal seal in a form approved by rule of the

26  board and may, in addition, register his or her seal

27  electronically in accordance with ss. 668.001-668.006. ,and

28  All final construction documents and instruments of service

29  which include drawings, plans, specifications, or reports

30  prepared or issued by the registered architect and being filed

31  for public record shall bear the signature and seal of the


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 1  registered architect who prepared or approved the document and

 2  the date on which they were sealed.  The signature, date, and

 3  seal shall be evidence of the authenticity of that to which

 4  they are affixed. Final plans, specifications, or reports

 5  prepared or issued by a registered architect and interior

 6  designer may be transmitted electronically and may be signed

 7  by the registered architect or interior designer and dated and

 8  sealed electronically with the seal in accordance with ss.

 9  668.001-668.006.

10         (2)(b)  The board shall adopt a rule prescribing the

11  distinctly different seals to be used by registered interior

12  designers holding valid certificates of registration. Each

13  registered interior designer shall obtain a seal as prescribed

14  by the board, and all drawings, plans, specifications, or

15  reports prepared or issued by the registered interior designer

16  and being filed for public record shall bear the signature and

17  seal of the registered interior designer who prepared or

18  approved the document and the date on which they were sealed.

19  The signature, date, and seal shall be evidence of the

20  authenticity of that to which they are affixed.

21         (3)(2)  No registered architect shall affix, or permit

22  to be affixed, her or his seal or signature to any final

23  construction document or instrument of service which includes

24  any plan, specification, drawing, or other document which

25  depicts work which she or he is not competent to perform.

26         (4)(3)  No registered interior designer shall affix, or

27  permit to be affixed, her or his seal or signature to any

28  plan, specification, drawing, or other document which depicts

29  work which she or he is not competent or licensed to perform.

30         (5)(4)  No registered architect shall affix her or his

31  signature or seal to any final construction document or


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 1  instrument of service which includes drawings, plans,

 2  specifications, or architectural documents which were not

 3  prepared by her or him or under her or his responsible

 4  supervising control or by another registered architect and

 5  reviewed, approved, or modified and adopted by her or him as

 6  her or his own work according to rules adopted by the board.

 7         (6)(5)  No registered interior designer shall affix her

 8  or his signature or seal to any plans, specifications, or

 9  other documents which were not prepared by her or him or under

10  her or his responsible supervising control or by another

11  registered interior designer and reviewed, approved, or

12  modified and adopted by her or him as her or his own work

13  according to rules adopted by the board.

14         (7)(6)  Final construction documents or instruments of

15  service which include plans, drawings, specifications, or

16  other architectural documents prepared by a registered

17  architect as part of her or his architectural practice shall

18  be of a sufficiently high standard to clearly and accurately

19  indicate or illustrate all essential parts of the work to

20  which they refer.

21         (8)(7)  Studies, drawings, specifications, and other

22  related documents prepared by a registered interior designer

23  in providing interior design services shall be of a

24  sufficiently high standard to clearly and accurately indicate

25  all essential parts of the work to which they refer.

26         (9)(8)  Each registered architect or interior designer,

27  and each corporation or partnership holding a certificate of

28  authorization, shall include its certificate number in any

29  newspaper, telephone directory, or other advertising medium

30  used by the registered architect, interior designer,

31  corporation, or partnership.  A corporation or partnership is


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 1  not required to display the certificate number of individual

 2  registered architects or interior designers employed by or

 3  working within the corporation or partnership.

 4         (10)(9)  When the certificate of registration of a

 5  registered architect or interior designer has been revoked or

 6  suspended by the board, the registered architect or interior

 7  designer shall surrender her or his seal to the secretary of

 8  the board within a period of 30 days after the revocation or

 9  suspension has become effective.  If the certificate of the

10  registered architect or interior designer has been suspended

11  for a period of time, her or his seal shall be returned to her

12  or him upon expiration of the suspension period.

13         (11)  A person may not sign and seal by any means any

14  final plan, specification, or report after her or his

15  certificate of registration has expired or is suspended or

16  revoked. A registered architect or interior designer whose

17  certificate of registration is suspended or revoked shall,

18  within 30 days after the effective date of the suspension or

19  revocation, surrender her or his seal to the executive

20  director of the board and confirm in writing to the executive

21  director the cancellation of the registered architect's or

22  interior designer's electronic signature in accordance with

23  ss. 668.001-668.006. When a registered architect's or interior

24  designer's certificate of registration is suspended for a

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

26  expiration of the period of suspension.

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

28  Florida Statutes, are amended to read:

29         481.321  Seals; display of certificate number.--

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

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


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 1  landscape architect who holds a valid certificate of

 2  registration.  Each registered landscape architect shall

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

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

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

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

 7  issued by the registered landscape architect and filed for

 8  public record shall be signed by the registered landscape

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

10  signature, date, and seal constitute evidence of the

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

12  specifications, or reports prepared or issued by a registered

13  landscape architect may be transmitted electronically and may

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

15  sealed electronically with such seal in accordance with ss.

16  668.001-688.006.

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

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

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

20  revoked. A registered landscape architect whose certificate of

21  registration is suspended or revoked shall, within 30 days

22  after the effective date of the suspension or revocation,

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

24  board and confirm in writing to the executive director the

25  cancellation of the landscape architect's electronic signature

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

27  architect's certificate of registration is suspended for a

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

29  expiration of the period of suspension. When the certificate

30  of registration of a registered landscape architect has been

31  revoked or suspended by the board, the registered landscape


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 1  architect shall surrender her or his seal to the executive

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

 3  suspension has become effective.  If the certificate of the

 4  registered landscape architect is suspended for a period of

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

 6  expiration of the suspension period.

 7         Section 3.  For the purpose of incorporating the

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

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

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

11         481.325  Disciplinary proceedings.--

12         (1)  The following acts constitute grounds for which

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

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

15  481.321, or s. 481.323.

16         (3)  When the board finds any registered landscape

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

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

19  following penalties:

20         (a)  Denial of an application for licensure.

21         (b)  Revocation or suspension of a license.

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

23  $1,000 for each count or separate offense and a fine of up to

24  $5,000 for matters pertaining to a material violation of the

25  Florida Building Code as reported by a local jurisdiction.

26         (d)  Issuance of a reprimand.

27         (e)  Placement of the registered landscape architect on

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

29  as the board may specify, including requiring the registered

30  landscape architect to attend continuing education courses or

31  


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 1  to work under the supervision of another registered landscape

 2  architect.

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

 4  the registered landscape architect.

 5         Section 4.  Subsection (20) is added to section

 6  489.103, Florida Statutes, to read:

 7         489.103  Exemptions.--This part does not apply to:

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

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

10         Section 5.  Paragraphs (f), (g), (i), and (m) of

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

12  amended to read:

13         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

20  building or structure, including related improvements to real

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

22  scope is substantially similar to the job scope described in

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

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

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

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

27  in height, other than buildings or residences over three

28  stories tall; and buildings or residences over three stories

29  tall. Contractors are subdivided into two divisions, Division

30  I, consisting of those contractors defined in paragraphs

31  


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 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  


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 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  


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 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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 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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 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 6.  Paragraph (c) of subsection (4) and

19  paragraph (a) of subsection (5) of section 489.133, Florida

20  Statutes, are amended to read:

21         489.133  Pollutant storage systems specialty

22  contractors; definitions; certification; restrictions.--

23         (4)  The board shall adopt rules providing standards

24  for certification of pollutant storage systems specialty

25  contractors, including persons who remove such systems. The

26  board shall provide the proposed rules to the Department of

27  Environmental Protection for review and comment prior to

28  adoption. The rules shall include, but not be limited to:

29         (c)  Requirements for certification without examination

30  of pollutant storage systems specialty contractors for any

31  person who has passed a local licensure examination, a


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 1  licensure examination in another state, or a licensure

 2  examination of a national organization, which is at least as

 3  stringent as the examination adopted by the board.

 4         (5)(a)  Notwithstanding any provision of this part to

 5  the contrary, no person shall engage in contracting as a

 6  pollutant storage systems specialty contractor unless such

 7  person is certified as a pollutant storage systems specialty

 8  contractor pursuant to this part, and if the person installs

 9  or removes a petroleum storage system as defined in s.

10  376.301(33), that person must comply with the requirements of

11  s. 376.30711(2)(b) and (c), and maintain pollution liability

12  insurance of at least $1 million per occurrence and $1 million

13  annual aggregate, nor shall any official authorized to issue

14  building or other related permits issue a permit or permits

15  for the installation or removal of a pollutant storage tank

16  unless such official ascertains that the applicant for such

17  permit or permits is certified as a pollutant storage systems

18  specialty contractor and that the applicant satisfies the

19  requirements imposed by this paragraph.

20         Section 7.  This act shall take effect July 1, 2004.

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