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