Senate Bill sb1212

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1212

    By Senator Bennett





    21-1063A-05                                         See HB 311

  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 489.113, F.S.; revising an

  4         exemption for general contractors with respect

  5         to the requirement to subcontract the

  6         construction of certain sanitary sewer

  7         collection, storm collection, and water

  8         distribution systems; creating s. 489.1185,

  9         F.S.; providing requirements for grandfathering

10         certified general contractors as underground

11         utility and excavation contractors for purposes

12         of qualifying business organizations performing

13         such construction; providing for fees;

14         providing an effective date.

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

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18         Section 1.  Paragraph (d) of subsection (3) of section

19  489.113, Florida Statutes, is amended to read:

20         489.113  Qualifications for practice; restrictions.--

21         (3)  A contractor shall subcontract all electrical,

22  mechanical, plumbing, roofing, sheet metal, swimming pool, and

23  air-conditioning work, unless such contractor holds a state

24  certificate or registration in the respective trade category,

25  however:

26         (d)  A general contractor on new site development work,

27  site redevelopment work, mobile home parks, or commercial

28  properties shall not be required to subcontract the

29  construction of the a main sanitary sewer collection system,

30  the storm collection system, and the or water distribution

31  system, not including the continuation of utility lines from

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






    Florida Senate - 2005                                  SB 1212
    21-1063A-05                                         See HB 311




 1  the mains to the buildings, and may perform any of the

 2  services, on public or private property, for which a license

 3  as an underground utility and excavation contractor is

 4  required under this part.

 5         Section 2.  Section 489.1185, Florida Statutes, is

 6  created to read:

 7         489.1185  Business organizations; grandfathering of

 8  certified general contractors as underground utility and

 9  excavation contractors.--

10         (1)  Any business organization with a valid certificate

11  of authority issued pursuant to this part, which at the time

12  of application is not qualified by a certified underground

13  utility and excavation contractor pursuant to s. 489.105(3)(n)

14  but is qualified as of January 1, 2005, as a certified general

15  contractor pursuant to s. 489.105(3)(a), may designate one

16  qualifying agent for certification as an underground utility

17  and excavation contractor if that person:

18         (a)  Is certified as a general contractor pursuant to

19  this part.

20         (b)  Has at least 5 years' experience in sewer, water,

21  and storm sewer systems, at least 2 years of which must have

22  been in a supervisory capacity with the qualified business

23  entity.

24         (c)  Is at least 18 years of age.

25         (d)  Is an employee of, or has an ownership interest

26  in, that business entity.

27         (2)  The board shall issue, without examination, a

28  certificate in the category of underground utility and

29  excavation contractor to an applicant properly designated

30  pursuant to subsection (1), provided the board has received

31  from the applicant prior to April 1, 2006, a completed

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






    Florida Senate - 2005                                  SB 1212
    21-1063A-05                                         See HB 311




 1  application, an application fee of $100, a certification fee

 2  of $100, an unlicensed activity fee of $5 pursuant to s.

 3  455.2281, and a fee of $4 pursuant to s. 489.109(3), and

 4  provided the applicant:

 5         (a)  Has not had a registration or certificate that was

 6  issued by the board suspended, revoked, or relinquished in

 7  lieu of further disciplinary action.

 8         (b)  Does not have a disciplinary case pending before

 9  the board.

10         (c)  Has not been convicted of a crime in any

11  jurisdiction which directly relates to the practice of

12  contracting or the ability to practice contracting.

13         Section 3.  This act shall take effect July 1, 2005.

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