HB 0213CS

CHAMBER ACTION



1The Growth Management Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to construction professionals; amending s.
7481.221, F.S.; requiring the Board of Architecture and
8Interior Design to prescribe, by rule, one or more forms
9of seals for use by a registered architect or interior
10designer who holds a valid certificate of registration;
11authorizing use of one seal and registration of the seal
12electronically; authorizing electronic transmission and
13sealing of final plans, specifications, or reports;
14prohibiting signing or sealing of final plans,
15specifications, or reports after expiration, suspension,
16or revocation of certificate of registration; requiring
17surrender of the seal upon suspension or revocation of the
18certificate of registration; amending s. 481.321, F.S.;
19requiring the Board of Landscape Architecture to
20prescribe, by rule, one or more forms of seals for use by
21a registered landscape architect who holds a valid
22certificate of registration; authorizing use of one seal
23and registration of the seal electronically; authorizing
24electronic transmission and sealing of final plans,
25specifications, or reports; prohibiting signing or sealing
26of final plans, specifications, or reports after
27expiration, suspension, or revocation of certificate of
28registration; requiring surrender of the seal upon
29suspension or revocation of the certificate of
30registration; reenacting s. 481.225(1)(a) and (3), F.S.,
31relating to disciplinary proceedings against registered
32architects, to incorporate the amendment to s. 481.221,
33F.S., in a reference thereto; providing penalties;
34reenacting s. 481.325(1)(a) and (3), F.S., relating to
35disciplinary proceedings against registered landscape
36architects, to incorporate the amendment to s. 481.321,
37F.S., in a reference thereto; providing penalties;
38amending s. 489.103, F.S.; exempting preengineered fire
39extinguishing system permittees from construction
40contracting regulation; amending s. 489.105, F.S.;
41revising contractor definitions to authorize Class A and
42Class B air-conditioning contractors to disconnect or
43reconnect changeouts of liquefied petroleum or natural gas
44appliances within buildings, mechanical contractors to
45install, maintain, fabricate, repair, alter, extend, or
46design, when not prohibited by law, liquefied petroleum
47gas lines within buildings, and plumbing contractors to
48install liquefied petroleum gas and related venting lines;
49providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 481.221, Florida Statutes, is amended
54to read:
55     481.221  Seals; display of certificate number.--
56     (1)  The board shall prescribe, by rule, one or more forms
57of distinctively different seals to be used by registered
58architects and interior designers, respectively, holding valid
59certificates of registration.
60     (2)(a)  Each registered architect shall obtain one an
61impression-type metal seal in a form approved by rule of the
62board and may, in addition, register her or his seal
63electronically in accordance with ss. 668.001-668.006.,and All
64final construction documents and instruments of service which
65include drawings, plans, specifications, or reports prepared or
66issued by the registered architect and being filed for public
67record shall bear the signature and seal of the registered
68architect who prepared or approved the document and the date on
69which they were sealed. The signature, date, and seal shall be
70evidence of the authenticity of that to which they are affixed.
71Final plans, specifications, or reports prepared or issued by a
72registered architect may be transmitted electronically and may
73be signed by the registered architect, dated, and sealed
74electronically with the seal in accordance with ss. 668.001-
75668.006.
76     (3)(b)  The board shall adopt a rule prescribing the
77distinctly different seals to be used by registered interior
78designers holding valid certificates of registration. Each
79registered interior designer shall obtain a seal as prescribed
80by the board, and all drawings, plans, specifications, or
81reports prepared or issued by the registered interior designer
82and being filed for public record shall bear the signature and
83seal of the registered interior designer who prepared or
84approved the document and the date on which they were sealed.
85The signature, date, and seal shall be evidence of the
86authenticity of that to which they are affixed. Final plans,
87specifications, or reports prepared or issued by a registered
88interior designer may be transmitted electronically and may be
89signed by the registered interior designer, dated, and sealed
90electronically with the seal in accordance with ss. 668.001-
91668.006.
92     (4)(2)  No registered architect shall affix, or permit to
93be affixed, her or his seal or signature to any final
94construction document or instrument of service which includes
95any plan, specification, drawing, or other document which
96depicts work which she or he is not competent to perform.
97     (5)(3)  No registered interior designer shall affix, or
98permit to be affixed, her or his seal or signature to any plan,
99specification, drawing, or other document which depicts work
100which she or he is not competent or licensed to perform.
101     (6)(4)  No registered architect shall affix her or his
102signature or seal to any final construction document or
103instrument of service which includes drawings, plans,
104specifications, or architectural documents which were not
105prepared by her or him or under her or his responsible
106supervising control or by another registered architect and
107reviewed, approved, or modified and adopted by her or him as her
108or his own work according to rules adopted by the board.
109     (7)(5)  No registered interior designer shall affix her or
110his signature or seal to any plans, specifications, or other
111documents which were not prepared by her or him or under her or
112his responsible supervising control or by another registered
113interior designer and reviewed, approved, or modified and
114adopted by her or him as her or his own work according to rules
115adopted by the board.
116     (8)(6)  Final construction documents or instruments of
117service which include plans, drawings, specifications, or other
118architectural documents prepared by a registered architect as
119part of her or his architectural practice shall be of a
120sufficiently high standard to clearly and accurately indicate or
121illustrate all essential parts of the work to which they refer.
122     (9)(7)  Studies, drawings, specifications, and other
123related documents prepared by a registered interior designer in
124providing interior design services shall be of a sufficiently
125high standard to clearly and accurately indicate all essential
126parts of the work to which they refer.
127     (10)(8)  Each registered architect or interior designer,
128and each corporation or partnership holding a certificate of
129authorization, shall include its certificate number in any
130newspaper, telephone directory, or other advertising medium used
131by the registered architect, interior designer, corporation, or
132partnership. A corporation or partnership is not required to
133display the certificate number of individual registered
134architects or interior designers employed by or working within
135the corporation or partnership.
136     (11)(9)  When the certificate of registration of a
137registered architect or interior designer has been revoked or
138suspended by the board, the registered architect or interior
139designer shall surrender her or his seal to the secretary of the
140board within a period of 30 days after the revocation or
141suspension has become effective. If the certificate of the
142registered architect or interior designer has been suspended for
143a period of time, her or his seal shall be returned to her or
144him upon expiration of the suspension period.
145     (12)  A person may not sign and seal by any means any final
146plan, specification, or report after her or his certificate of
147registration has expired or is suspended or revoked. A
148registered architect or interior designer whose certificate of
149registration is suspended or revoked shall, within 30 days after
150the effective date of the suspension or revocation, surrender
151her or his seal to the executive director of the board and
152confirm in writing to the executive director the cancellation of
153the registered architect's or interior designer's electronic
154signature in accordance with ss. 668.001-668.006. When a
155registered architect's or interior designer's certificate of
156registration is suspended for a period of time, her or his seal
157shall be returned upon expiration of the period of suspension.
158     Section 2.  Subsections (1) and (2) of section 481.321,
159Florida 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
162of seals for use a form of seal to be used by a registered
163landscape architect who holds a valid certificate of
164registration. Each registered landscape architect shall obtain
165one an impression-type metal seal in a form approved by rule of
166the board and may, in addition, register her or his seal
167electronically in accordance with ss. 668.001-668.006., and All
168final plans, specifications, or reports prepared or issued by
169the registered landscape architect and filed for public record
170shall be signed by the registered landscape architect, dated,
171and stamped or sealed electronically with her or his seal. The
172signature, date, and seal constitute evidence of the
173authenticity of that to which they are affixed. Final plans,
174specifications, or reports prepared or issued by a registered
175landscape architect may be transmitted electronically and may be
176signed by the registered landscape architect, dated, and sealed
177electronically with the seal in accordance with ss. 668.001-
178668.006.
179     (2)  It is unlawful for any person to sign and seal by any
180means any final plan, specification, or report after her or his
181certificate of registration is expired, suspended, or revoked. A
182registered landscape architect whose certificate of registration
183is suspended or revoked shall, within 30 days after the
184effective date of the suspension or revocation, surrender her or
185his seal to the executive director of the board and confirm in
186writing to the executive director the cancellation of the
187landscape architect's electronic signature in accordance with
188ss. 668.001-668.006. When a landscape architect's certificate of
189registration is suspended for a period of time, her or his seal
190shall be returned upon expiration of the period of suspension.
191When the certificate of registration of a registered landscape
192architect has been revoked or suspended by the board, the
193registered landscape architect shall surrender her or his seal
194to the executive director of the board within 30 days after the
195revocation or suspension has become effective. If the
196certificate of the registered landscape architect is suspended
197for a period of time, her or his seal shall be returned to her
198or him upon expiration of the suspension period.
199     Section 3.  For the purpose of incorporating the amendment
200to section 481.221, Florida Statutes, in a reference thereto,
201paragraph (a) of subsection (1) and subsection (3) of section
202481.225, Florida Statutes, are reenacted to read:
203     481.225  Disciplinary proceedings against registered
204architects.--
205     (1)  The following acts constitute grounds for which the
206disciplinary actions in subsection (3) may be taken:
207     (a)  Violating any provision of s. 455.227(1), s. 481.221,
208or s. 481.223, or any rule of the board or department lawfully
209adopted pursuant to this part or chapter 455.
210     (3)  When the board finds any registered architect guilty
211of any of the grounds set forth in subsection (1), it may enter
212an 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
218Florida Building Code as reported by a local jurisdiction.
219     (d)  Issuance of a reprimand.
220     (e)  Placement of the registered architect on probation for
221a period of time and subject to such conditions as the board may
222specify, including requiring the registered architect to attend
223continuing education courses or to work under the supervision of
224another registered architect.
225     (f)  Restriction of the authorized scope of practice by the
226registered architect.
227     Section 4.  For the purpose of incorporating the amendment
228to section 481.321, Florida Statutes, in a reference thereto,
229paragraph (a) of subsection (1) and subsection (3) of section
230481.325, Florida Statutes, are reenacted to read:
231     481.325  Disciplinary proceedings.--
232     (1)  The following acts constitute grounds for which the
233disciplinary actions in subsection (3) may be taken:
234     (a)  Violation of any provision of s. 455.227(1), s.
235481.321, or s. 481.323.
236     (3)  When the board finds any registered landscape
237architect guilty of any of the grounds set forth in subsection
238(1), it may enter an order imposing one or more of the following
239penalties:
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
245Florida Building Code as reported by a local jurisdiction.
246     (d)  Issuance of a reprimand.
247     (e)  Placement of the registered landscape architect on
248probation for a period of time and subject to such conditions as
249the board may specify, including requiring the registered
250landscape architect to attend continuing education courses or to
251work under the supervision of another registered landscape
252architect.
253     (f)  Restriction of the authorized scope of practice by the
254registered landscape architect.
255     Section 5.  Subsection (20) is added to section 489.103,
256Florida 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,
264and shall only be responsible for, the project contracted for
265and means, except as exempted in this part, the person who, for
266compensation, undertakes to, submits a bid to, or does himself
267or herself or by others construct, repair, alter, remodel, add
268to, demolish, subtract from, or improve any building or
269structure, including related improvements to real estate, for
270others or for resale to others; and whose job scope is
271substantially similar to the job scope described in one of the
272subsequent paragraphs of this subsection. For the purposes of
273regulation under this part, "demolish" applies only to
274demolition of steel tanks over 50 feet in height; towers over 50
275feet in height; other structures over 50 feet in height, other
276than buildings or residences over three stories tall; and
277buildings or residences over three stories tall. Contractors are
278subdivided into two divisions, Division I, consisting of those
279contractors defined in paragraphs (a)-(c), and Division II,
280consisting of those contractors defined in paragraphs (d)-(q):
281     (f)  "Class A air-conditioning contractor" means a
282contractor whose services are unlimited in the execution of
283contracts requiring the experience, knowledge, and skill to
284install, maintain, repair, fabricate, alter, extend, or design,
285when not prohibited by law, central air-conditioning,
286refrigeration, heating, and ventilating systems, including duct
287work in connection with a complete system only to the extent
288such duct work is performed by the contractor as is necessary to
289make complete an air-distribution system, boiler and unfired
290pressure vessel systems, and all appurtenances, apparatus, or
291equipment used in connection therewith, and any duct cleaning
292and equipment sanitizing which requires at least a partial
293disassembling of the system; to install, maintain, repair,
294fabricate, alter, extend, or design, when not prohibited by law,
295piping, insulation of pipes, vessels and ducts, pressure and
296process piping, and pneumatic control piping; to replace,
297disconnect, or reconnect power wiring on the load side of the
298dedicated existing electrical disconnect switch; to install,
299disconnect, and reconnect low voltage heating, ventilating, and
300air-conditioning control wiring; and to install a condensate
301drain from an air-conditioning unit to an existing safe waste or
302other approved disposal other than a direct connection to a
303sanitary system. The scope of work for such contractor shall
304also include any excavation work incidental thereto, but shall
305not include any work such as liquefied petroleum or natural gas
306fuel lines within buildings, except for disconnecting or
307reconnecting changeouts of liquefied petroleum or natural gas
308appliances within buildings; potable water lines or connections
309thereto;, sanitary sewer lines;, swimming pool piping and
310filters;, or electrical power wiring.
311     (g)  "Class B air-conditioning contractor" means a
312contractor whose services are limited to 25 tons of cooling and
313500,000 Btu of heating in any one system in the execution of
314contracts requiring the experience, knowledge, and skill to
315install, maintain, repair, fabricate, alter, extend, or design,
316when not prohibited by law, central air-conditioning,
317refrigeration, heating, and ventilating systems, including duct
318work in connection with a complete system only to the extent
319such duct work is performed by the contractor as is necessary to
320make complete an air-distribution system being installed under
321this classification, and any duct cleaning and equipment
322sanitizing which requires at least a partial disassembling of
323the system; to install, maintain, repair, fabricate, alter,
324extend, or design, when not prohibited by law, piping and
325insulation of pipes, vessels, and ducts; to replace, disconnect,
326or reconnect power wiring on the load side of the dedicated
327existing electrical disconnect switch; to install, disconnect,
328and reconnect low voltage heating, ventilating, and air-
329conditioning control wiring; and to install a condensate drain
330from an air-conditioning unit to an existing safe waste or other
331approved disposal other than a direct connection to a sanitary
332system. The scope of work for such contractor shall also include
333any excavation work incidental thereto, but shall not include
334any work such as liquefied petroleum or natural gas fuel lines
335within buildings, except for disconnecting or reconnecting
336changeouts of liquefied petroleum or natural gas appliances
337within buildings; potable water lines or connections thereto;,
338sanitary sewer lines;, swimming pool piping and filters;, or
339electrical power wiring.
340     (i)  "Mechanical contractor" means a contractor whose
341services are unlimited in the execution of contracts requiring
342the experience, knowledge, and skill to install, maintain,
343repair, fabricate, alter, extend, or design, when not prohibited
344by law, central air-conditioning, refrigeration, heating, and
345ventilating systems, including duct work in connection with a
346complete system only to the extent such duct work is performed
347by the contractor as is necessary to make complete an air-
348distribution system, boiler and unfired pressure vessel systems,
349lift station equipment and piping, and all appurtenances,
350apparatus, or equipment used in connection therewith, and any
351duct cleaning and equipment sanitizing which requires at least a
352partial disassembling of the system; to install, maintain,
353repair, fabricate, alter, extend, or design, when not prohibited
354by law, piping, insulation of pipes, vessels and ducts, pressure
355and process piping, pneumatic control piping, gasoline tanks and
356pump installations and piping for same, standpipes, air piping,
357vacuum line piping, oxygen lines, nitrous oxide piping, ink and
358chemical lines, fuel transmission lines, liquefied petroleum gas
359lines within buildings, and natural gas fuel lines within
360buildings; to replace, disconnect, or reconnect power wiring on
361the load side of the dedicated existing electrical disconnect
362switch; to install, disconnect, and reconnect low voltage
363heating, ventilating, and air-conditioning control wiring; and
364to install a condensate drain from an air-conditioning unit to
365an existing safe waste or other approved disposal other than a
366direct connection to a sanitary system. The scope of work for
367such contractor shall also include any excavation work
368incidental thereto, but shall not include any work such as
369liquefied petroleum gas fuel lines within buildings, potable
370water lines or connections thereto, sanitary sewer lines,
371swimming pool piping and filters, or electrical power wiring.
372     (m)  "Plumbing contractor" means a contractor whose
373contracting business consists of the execution of contracts
374requiring the experience, financial means, knowledge, and skill
375to install, maintain, repair, alter, extend, or, when not
376prohibited by law, design plumbing. A plumbing contractor may
377install, maintain, repair, alter, extend, or, when not
378prohibited by law, design the following without obtaining any
379additional local regulatory license, certificate, or
380registration: sanitary drainage or storm drainage facilities;
381venting systems; public or private water supply systems; septic
382tanks; drainage and supply wells; swimming pool piping;
383irrigation systems; or solar heating water systems and all
384appurtenances, apparatus, or equipment used in connection
385therewith, including boilers and pressure process piping and
386including the installation of water, natural gas, liquefied
387(excluding liquid petroleum gas and related venting gases), and
388storm and sanitary sewer lines; and water and sewer plants and
389substations. The scope of work of the plumbing contractor also
390includes the design, when not prohibited by law, and
391installation, maintenance, repair, alteration, or extension of
392air-piping, vacuum line piping, oxygen line piping, nitrous
393oxide piping, and all related medical gas systems; fire line
394standpipes and fire sprinklers to the extent authorized by law;
395ink and chemical lines; fuel oil and gasoline piping and tank
396and pump installation, except bulk storage plants; and pneumatic
397control piping systems, all in such a manner as to comply with
398all plans, specifications, codes, laws, and regulations
399applicable. The scope of work of the plumbing contractor shall
400apply to private property and public property, shall include any
401excavation work incidental thereto, and shall include the work
402of the specialty plumbing contractor. Such contractor shall
403subcontract, with a qualified contractor in the field concerned,
404all other work incidental to the work but which is specified
405herein as being the work of a trade other than that of a
406plumbing contractor. Nothing in this definition shall be
407construed to limit the scope of work of any specialty contractor
408certified pursuant to s. 489.113(6). Nothing in this definition
409shall be construed to require certification or registration
410under this part of any authorized employee of a public natural
411gas utility or of a private natural gas utility regulated by the
412Public Service Commission when disconnecting and reconnecting
413water lines in the servicing or replacement of an existing water
414heater.
415     Section 7.  This act shall take effect July 1, 2005.


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