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.