1 | The Growth Management Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to construction professionals; amending s. |
7 | 481.221, F.S.; requiring the Board of Architecture and |
8 | Interior Design to prescribe, by rule, one or more forms |
9 | of seals for use by a registered architect or interior |
10 | designer who holds a valid certificate of registration; |
11 | authorizing use of one seal and registration of the seal |
12 | electronically; authorizing electronic transmission and |
13 | sealing of final plans, specifications, or reports; |
14 | prohibiting signing or sealing of final plans, |
15 | specifications, or reports after expiration, suspension, |
16 | or revocation of certificate of registration; requiring |
17 | surrender of the seal upon suspension or revocation of the |
18 | certificate of registration; amending s. 481.321, F.S.; |
19 | requiring the Board of Landscape Architecture to |
20 | prescribe, by rule, one or more forms of seals for use by |
21 | a registered landscape architect who holds a valid |
22 | certificate of registration; authorizing use of one seal |
23 | and registration of the seal electronically; authorizing |
24 | electronic transmission and sealing of final plans, |
25 | specifications, or reports; prohibiting signing or sealing |
26 | of final plans, specifications, or reports after |
27 | expiration, suspension, or revocation of certificate of |
28 | registration; requiring surrender of the seal upon |
29 | suspension or revocation of the certificate of |
30 | registration; reenacting s. 481.225(1)(a) and (3), F.S., |
31 | relating to disciplinary proceedings against registered |
32 | architects, to incorporate the amendment to s. 481.221, |
33 | F.S., in a reference thereto; providing penalties; |
34 | reenacting s. 481.325(1)(a) and (3), F.S., relating to |
35 | disciplinary proceedings against registered landscape |
36 | architects, to incorporate the amendment to s. 481.321, |
37 | F.S., in a reference thereto; providing penalties; |
38 | amending s. 489.103, F.S.; exempting preengineered fire |
39 | extinguishing system permittees from construction |
40 | contracting regulation; amending s. 489.105, F.S.; |
41 | revising contractor definitions to authorize Class A and |
42 | Class B air-conditioning contractors to disconnect or |
43 | reconnect changeouts of liquefied petroleum or natural gas |
44 | appliances within buildings, mechanical contractors to |
45 | install, maintain, fabricate, repair, alter, extend, or |
46 | design, when not prohibited by law, liquefied petroleum |
47 | gas lines within buildings, and plumbing contractors to |
48 | install liquefied petroleum gas and related venting lines; |
49 | providing an effective date. |
50 |
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51 | Be It Enacted by the Legislature of the State of Florida: |
52 |
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53 | Section 1. Section 481.221, Florida Statutes, is amended |
54 | to read: |
55 | 481.221 Seals; display of certificate number.-- |
56 | (1) The board shall prescribe, by rule, one or more forms |
57 | of distinctively different seals to be used by registered |
58 | architects and interior designers, respectively, holding valid |
59 | certificates of registration. |
60 | (2)(a) Each registered architect shall obtain one an |
61 | impression-type metal seal in a form approved by rule of the |
62 | board and may, in addition, register her or his seal |
63 | electronically in accordance with ss. 668.001-668.006.,and All |
64 | final construction documents and instruments of service which |
65 | include drawings, plans, specifications, or reports prepared or |
66 | issued by the registered architect and being filed for public |
67 | record shall bear the signature and seal of the registered |
68 | architect who prepared or approved the document and the date on |
69 | which they were sealed. The signature, date, and seal shall be |
70 | evidence of the authenticity of that to which they are affixed. |
71 | Final plans, specifications, or reports prepared or issued by a |
72 | registered architect may be transmitted electronically and may |
73 | be signed by the registered architect, dated, and sealed |
74 | electronically with the seal in accordance with ss. 668.001- |
75 | 668.006. |
76 | (3)(b) The board shall adopt a rule prescribing the |
77 | distinctly different seals to be used by registered interior |
78 | designers holding valid certificates of registration. Each |
79 | registered interior designer shall obtain a seal as prescribed |
80 | by the board, and all drawings, plans, specifications, or |
81 | reports prepared or issued by the registered interior designer |
82 | and being filed for public record shall bear the signature and |
83 | seal of the registered interior designer who prepared or |
84 | approved the document and the date on which they were sealed. |
85 | The signature, date, and seal shall be evidence of the |
86 | authenticity of that to which they are affixed. Final plans, |
87 | specifications, or reports prepared or issued by a registered |
88 | interior designer may be transmitted electronically and may be |
89 | signed by the registered interior designer, dated, and sealed |
90 | electronically with the seal in accordance with ss. 668.001- |
91 | 668.006. |
92 | (4)(2) No registered architect shall affix, or permit to |
93 | be affixed, her or his seal or signature to any final |
94 | construction document or instrument of service which includes |
95 | any plan, specification, drawing, or other document which |
96 | depicts work which she or he is not competent to perform. |
97 | (5)(3) No registered interior designer shall affix, or |
98 | permit to be affixed, her or his seal or signature to any plan, |
99 | specification, drawing, or other document which depicts work |
100 | which she or he is not competent or licensed to perform. |
101 | (6)(4) No registered architect shall affix her or his |
102 | signature or seal to any final construction document or |
103 | instrument of service which includes drawings, plans, |
104 | specifications, or architectural documents which were not |
105 | prepared by her or him or under her or his responsible |
106 | supervising control or by another registered architect and |
107 | reviewed, approved, or modified and adopted by her or him as her |
108 | or his own work according to rules adopted by the board. |
109 | (7)(5) No registered interior designer shall affix her or |
110 | his signature or seal to any plans, specifications, or other |
111 | documents which were not prepared by her or him or under her or |
112 | his responsible supervising control or by another registered |
113 | interior designer and reviewed, approved, or modified and |
114 | adopted by her or him as her or his own work according to rules |
115 | adopted by the board. |
116 | (8)(6) Final construction documents or instruments of |
117 | service which include plans, drawings, specifications, or other |
118 | architectural documents prepared by a registered architect as |
119 | part of her or his architectural practice shall be of a |
120 | sufficiently high standard to clearly and accurately indicate or |
121 | illustrate all essential parts of the work to which they refer. |
122 | (9)(7) Studies, drawings, specifications, and other |
123 | related documents prepared by a registered interior designer in |
124 | providing interior design services shall be of a sufficiently |
125 | high standard to clearly and accurately indicate all essential |
126 | parts of the work to which they refer. |
127 | (10)(8) Each registered architect or interior designer, |
128 | and each corporation or partnership holding a certificate of |
129 | authorization, shall include its certificate number in any |
130 | newspaper, telephone directory, or other advertising medium used |
131 | by the registered architect, interior designer, corporation, or |
132 | partnership. A corporation or partnership is not required to |
133 | display the certificate number of individual registered |
134 | architects or interior designers employed by or working within |
135 | the corporation or partnership. |
136 | (11)(9) When the certificate of registration of a |
137 | registered architect or interior designer has been revoked or |
138 | suspended by the board, the registered architect or interior |
139 | designer shall surrender her or his seal to the secretary of the |
140 | board within a period of 30 days after the revocation or |
141 | suspension has become effective. If the certificate of the |
142 | registered architect or interior designer has been suspended for |
143 | a period of time, her or his seal shall be returned to her or |
144 | him upon expiration of the suspension period. |
145 | (12) A person may not sign and seal by any means any final |
146 | plan, specification, or report after her or his certificate of |
147 | registration has expired or is suspended or revoked. A |
148 | registered architect or interior designer whose certificate of |
149 | registration is suspended or revoked shall, within 30 days after |
150 | the effective date of the suspension or revocation, surrender |
151 | her or his seal to the executive director of the board and |
152 | confirm in writing to the executive director the cancellation of |
153 | the registered architect's or interior designer's electronic |
154 | signature in accordance with ss. 668.001-668.006. When a |
155 | registered architect's or interior designer's certificate of |
156 | registration is suspended for a period of time, her or his seal |
157 | shall be returned upon expiration of the period of suspension. |
158 | Section 2. Subsections (1) and (2) of section 481.321, |
159 | Florida Statutes, are amended to read: |
160 | 481.321 Seals; display of certificate number.-- |
161 | (1) The board shall prescribe, by rule, one or more forms |
162 | of seals for use a form of seal to be used by a registered |
163 | landscape architect who holds a valid certificate of |
164 | registration. Each registered landscape architect shall obtain |
165 | one an impression-type metal seal in a form approved by rule of |
166 | the board and may, in addition, register her or his seal |
167 | electronically in accordance with ss. 668.001-668.006., and All |
168 | final plans, specifications, or reports prepared or issued by |
169 | the registered landscape architect and filed for public record |
170 | shall be signed by the registered landscape architect, dated, |
171 | and stamped or sealed electronically with her or his seal. The |
172 | signature, date, and seal constitute evidence of the |
173 | authenticity of that to which they are affixed. Final plans, |
174 | specifications, or reports prepared or issued by a registered |
175 | landscape architect may be transmitted electronically and may be |
176 | signed by the registered landscape architect, dated, and sealed |
177 | electronically with the seal in accordance with ss. 668.001- |
178 | 668.006. |
179 | (2) It is unlawful for any person to sign and seal by any |
180 | means any final plan, specification, or report after her or his |
181 | certificate of registration is expired, suspended, or revoked. A |
182 | registered landscape architect whose certificate of registration |
183 | is suspended or revoked shall, within 30 days after the |
184 | effective date of the suspension or revocation, surrender her or |
185 | his seal to the executive director of the board and confirm in |
186 | writing to the executive director the cancellation of the |
187 | landscape architect's electronic signature in accordance with |
188 | ss. 668.001-668.006. When a landscape architect's certificate of |
189 | registration is suspended for a period of time, her or his seal |
190 | shall be returned upon expiration of the period of suspension. |
191 | When the certificate of registration of a registered landscape |
192 | architect has been revoked or suspended by the board, the |
193 | registered landscape architect shall surrender her or his seal |
194 | to the executive director of the board within 30 days after the |
195 | revocation or suspension has become effective. If the |
196 | certificate of the registered landscape architect is suspended |
197 | for a period of time, her or his seal shall be returned to her |
198 | or him upon expiration of the suspension period. |
199 | Section 3. For the purpose of incorporating the amendment |
200 | to section 481.221, Florida Statutes, in a reference thereto, |
201 | paragraph (a) of subsection (1) and subsection (3) of section |
202 | 481.225, Florida Statutes, are reenacted to read: |
203 | 481.225 Disciplinary proceedings against registered |
204 | architects.-- |
205 | (1) The following acts constitute grounds for which the |
206 | disciplinary actions in subsection (3) may be taken: |
207 | (a) Violating any provision of s. 455.227(1), s. 481.221, |
208 | or s. 481.223, or any rule of the board or department lawfully |
209 | adopted pursuant to this part or chapter 455. |
210 | (3) When the board finds any registered architect guilty |
211 | of any of the grounds set forth in subsection (1), it may enter |
212 | an order imposing one or more of the following penalties: |
213 | (a) Denial of an application for licensure. |
214 | (b) Revocation or suspension of a license. |
215 | (c) Imposition of an administrative fine not to exceed |
216 | $1,000 for each count or separate offense and a fine of up to |
217 | $5,000 for matters pertaining to a material violation of the |
218 | Florida Building Code as reported by a local jurisdiction. |
219 | (d) Issuance of a reprimand. |
220 | (e) Placement of the registered architect on probation for |
221 | a period of time and subject to such conditions as the board may |
222 | specify, including requiring the registered architect to attend |
223 | continuing education courses or to work under the supervision of |
224 | another registered architect. |
225 | (f) Restriction of the authorized scope of practice by the |
226 | registered architect. |
227 | Section 4. For the purpose of incorporating the amendment |
228 | to section 481.321, Florida Statutes, in a reference thereto, |
229 | paragraph (a) of subsection (1) and subsection (3) of section |
230 | 481.325, Florida Statutes, are reenacted to read: |
231 | 481.325 Disciplinary proceedings.-- |
232 | (1) The following acts constitute grounds for which the |
233 | disciplinary actions in subsection (3) may be taken: |
234 | (a) Violation of any provision of s. 455.227(1), s. |
235 | 481.321, or s. 481.323. |
236 | (3) When the board finds any registered landscape |
237 | architect guilty of any of the grounds set forth in subsection |
238 | (1), it may enter an order imposing one or more of the following |
239 | penalties: |
240 | (a) Denial of an application for licensure. |
241 | (b) Revocation or suspension of a license. |
242 | (c) Imposition of an administrative fine not to exceed |
243 | $1,000 for each count or separate offense and a fine of up to |
244 | $5,000 for matters pertaining to a material violation of the |
245 | Florida Building Code as reported by a local jurisdiction. |
246 | (d) Issuance of a reprimand. |
247 | (e) Placement of the registered landscape architect on |
248 | probation for a period of time and subject to such conditions as |
249 | the board may specify, including requiring the registered |
250 | landscape architect to attend continuing education courses or to |
251 | work under the supervision of another registered landscape |
252 | architect. |
253 | (f) Restriction of the authorized scope of practice by the |
254 | registered landscape architect. |
255 | Section 5. Subsection (20) is added to section 489.103, |
256 | Florida Statutes, to read: |
257 | 489.103 Exemptions.--This part does not apply to: |
258 | (20) A person licensed pursuant to s. 633.061(1)(d) or |
259 | (2)(b) performing work authorized by such license. |
260 | Section 6. Paragraphs (f), (g), (i), and (m) of subsection |
261 | (3) of section 489.105, Florida Statutes, are amended to read: |
262 | 489.105 Definitions.--As used in this part: |
263 | (3) "Contractor" means the person who is qualified for, |
264 | and shall only be responsible for, the project contracted for |
265 | and means, except as exempted in this part, the person who, for |
266 | compensation, undertakes to, submits a bid to, or does himself |
267 | or herself or by others construct, repair, alter, remodel, add |
268 | to, demolish, subtract from, or improve any building or |
269 | structure, including related improvements to real estate, for |
270 | others or for resale to others; and whose job scope is |
271 | substantially similar to the job scope described in one of the |
272 | subsequent paragraphs of this subsection. For the purposes of |
273 | regulation under this part, "demolish" applies only to |
274 | demolition of steel tanks over 50 feet in height; towers over 50 |
275 | feet in height; other structures over 50 feet in height, other |
276 | than buildings or residences over three stories tall; and |
277 | buildings or residences over three stories tall. Contractors are |
278 | subdivided into two divisions, Division I, consisting of those |
279 | contractors defined in paragraphs (a)-(c), and Division II, |
280 | consisting of those contractors defined in paragraphs (d)-(q): |
281 | (f) "Class A air-conditioning contractor" means a |
282 | contractor whose services are unlimited in the execution of |
283 | contracts requiring the experience, knowledge, and skill to |
284 | install, maintain, repair, fabricate, alter, extend, or design, |
285 | when not prohibited by law, central air-conditioning, |
286 | refrigeration, heating, and ventilating systems, including duct |
287 | work in connection with a complete system only to the extent |
288 | such duct work is performed by the contractor as is necessary to |
289 | make complete an air-distribution system, boiler and unfired |
290 | pressure vessel systems, and all appurtenances, apparatus, or |
291 | equipment used in connection therewith, and any duct cleaning |
292 | and equipment sanitizing which requires at least a partial |
293 | disassembling of the system; to install, maintain, repair, |
294 | fabricate, alter, extend, or design, when not prohibited by law, |
295 | piping, insulation of pipes, vessels and ducts, pressure and |
296 | process piping, and pneumatic control piping; to replace, |
297 | disconnect, or reconnect power wiring on the load side of the |
298 | dedicated existing electrical disconnect switch; to install, |
299 | disconnect, and reconnect low voltage heating, ventilating, and |
300 | air-conditioning control wiring; and to install a condensate |
301 | drain from an air-conditioning unit to an existing safe waste or |
302 | other approved disposal other than a direct connection to a |
303 | sanitary system. The scope of work for such contractor shall |
304 | also include any excavation work incidental thereto, but shall |
305 | not include any work such as liquefied petroleum or natural gas |
306 | fuel lines within buildings, except for disconnecting or |
307 | reconnecting changeouts of liquefied petroleum or natural gas |
308 | appliances within buildings; potable water lines or connections |
309 | thereto;, sanitary sewer lines;, swimming pool piping and |
310 | filters;, or electrical power wiring. |
311 | (g) "Class B air-conditioning contractor" means a |
312 | contractor whose services are limited to 25 tons of cooling and |
313 | 500,000 Btu of heating in any one system in the execution of |
314 | contracts requiring the experience, knowledge, and skill to |
315 | install, maintain, repair, fabricate, alter, extend, or design, |
316 | when not prohibited by law, central air-conditioning, |
317 | refrigeration, heating, and ventilating systems, including duct |
318 | work in connection with a complete system only to the extent |
319 | such duct work is performed by the contractor as is necessary to |
320 | make complete an air-distribution system being installed under |
321 | this classification, and any duct cleaning and equipment |
322 | sanitizing which requires at least a partial disassembling of |
323 | the system; to install, maintain, repair, fabricate, alter, |
324 | extend, or design, when not prohibited by law, piping and |
325 | insulation of pipes, vessels, and ducts; to replace, disconnect, |
326 | or reconnect power wiring on the load side of the dedicated |
327 | existing electrical disconnect switch; to install, disconnect, |
328 | and reconnect low voltage heating, ventilating, and air- |
329 | conditioning control wiring; and to install a condensate drain |
330 | from an air-conditioning unit to an existing safe waste or other |
331 | approved disposal other than a direct connection to a sanitary |
332 | system. The scope of work for such contractor shall also include |
333 | any excavation work incidental thereto, but shall not include |
334 | any work such as liquefied petroleum or natural gas fuel lines |
335 | within buildings, except for disconnecting or reconnecting |
336 | changeouts of liquefied petroleum or natural gas appliances |
337 | within buildings; potable water lines or connections thereto;, |
338 | sanitary sewer lines;, swimming pool piping and filters;, or |
339 | electrical power wiring. |
340 | (i) "Mechanical contractor" means a contractor whose |
341 | services are unlimited in the execution of contracts requiring |
342 | the experience, knowledge, and skill to install, maintain, |
343 | repair, fabricate, alter, extend, or design, when not prohibited |
344 | by law, central air-conditioning, refrigeration, heating, and |
345 | ventilating systems, including duct work in connection with a |
346 | complete system only to the extent such duct work is performed |
347 | by the contractor as is necessary to make complete an air- |
348 | distribution system, boiler and unfired pressure vessel systems, |
349 | lift station equipment and piping, and all appurtenances, |
350 | apparatus, or equipment used in connection therewith, and any |
351 | duct cleaning and equipment sanitizing which requires at least a |
352 | partial disassembling of the system; to install, maintain, |
353 | repair, fabricate, alter, extend, or design, when not prohibited |
354 | by law, piping, insulation of pipes, vessels and ducts, pressure |
355 | and process piping, pneumatic control piping, gasoline tanks and |
356 | pump installations and piping for same, standpipes, air piping, |
357 | vacuum line piping, oxygen lines, nitrous oxide piping, ink and |
358 | chemical lines, fuel transmission lines, liquefied petroleum gas |
359 | lines within buildings, and natural gas fuel lines within |
360 | buildings; to replace, disconnect, or reconnect power wiring on |
361 | the load side of the dedicated existing electrical disconnect |
362 | switch; to install, disconnect, and reconnect low voltage |
363 | heating, ventilating, and air-conditioning control wiring; and |
364 | to install a condensate drain from an air-conditioning unit to |
365 | an existing safe waste or other approved disposal other than a |
366 | direct connection to a sanitary system. The scope of work for |
367 | such contractor shall also include any excavation work |
368 | incidental thereto, but shall not include any work such as |
369 | liquefied petroleum gas fuel lines within buildings, potable |
370 | water lines or connections thereto, sanitary sewer lines, |
371 | swimming pool piping and filters, or electrical power wiring. |
372 | (m) "Plumbing contractor" means a contractor whose |
373 | contracting business consists of the execution of contracts |
374 | requiring the experience, financial means, knowledge, and skill |
375 | to install, maintain, repair, alter, extend, or, when not |
376 | prohibited by law, design plumbing. A plumbing contractor may |
377 | install, maintain, repair, alter, extend, or, when not |
378 | prohibited by law, design the following without obtaining any |
379 | additional local regulatory license, certificate, or |
380 | registration: sanitary drainage or storm drainage facilities; |
381 | venting systems; public or private water supply systems; septic |
382 | tanks; drainage and supply wells; swimming pool piping; |
383 | irrigation systems; or solar heating water systems and all |
384 | appurtenances, apparatus, or equipment used in connection |
385 | therewith, including boilers and pressure process piping and |
386 | including the installation of water, natural gas, liquefied |
387 | (excluding liquid petroleum gas and related venting gases), and |
388 | storm and sanitary sewer lines; and water and sewer plants and |
389 | substations. The scope of work of the plumbing contractor also |
390 | includes the design, when not prohibited by law, and |
391 | installation, maintenance, repair, alteration, or extension of |
392 | air-piping, vacuum line piping, oxygen line piping, nitrous |
393 | oxide piping, and all related medical gas systems; fire line |
394 | standpipes and fire sprinklers to the extent authorized by law; |
395 | ink and chemical lines; fuel oil and gasoline piping and tank |
396 | and pump installation, except bulk storage plants; and pneumatic |
397 | control piping systems, all in such a manner as to comply with |
398 | all plans, specifications, codes, laws, and regulations |
399 | applicable. The scope of work of the plumbing contractor shall |
400 | apply to private property and public property, shall include any |
401 | excavation work incidental thereto, and shall include the work |
402 | of the specialty plumbing contractor. Such contractor shall |
403 | subcontract, with a qualified contractor in the field concerned, |
404 | all other work incidental to the work but which is specified |
405 | herein as being the work of a trade other than that of a |
406 | plumbing contractor. Nothing in this definition shall be |
407 | construed to limit the scope of work of any specialty contractor |
408 | certified pursuant to s. 489.113(6). Nothing in this definition |
409 | shall be construed to require certification or registration |
410 | under this part of any authorized employee of a public natural |
411 | gas utility or of a private natural gas utility regulated by the |
412 | Public Service Commission when disconnecting and reconnecting |
413 | water lines in the servicing or replacement of an existing water |
414 | heater. |
415 | Section 7. This act shall take effect July 1, 2005. |