HB 213

1
A bill to be entitled
2An act relating to construction professionals; amending s.
3481.221, F.S.; requiring the Board of Architecture and
4Interior Design to prescribe, by rule, one or more forms
5of seals for use by a registered architect or interior
6designer who holds a valid certificate of registration;
7authorizing use of one seal and registration of the seal
8electronically; authorizing electronic transmission and
9sealing of final plans, specifications, or reports;
10prohibiting signing or sealing of final plans,
11specifications, or reports after expiration, suspension,
12or revocation of certificate of registration; requiring
13surrender of the seal upon suspension or revocation of the
14certificate of registration; amending s. 481.321, F.S.;
15requiring the Board of Landscape Architecture to
16prescribe, by rule, one or more forms of seals for use by
17a registered landscape architect who holds a valid
18certificate of registration; authorizing use of one seal
19and registration of the seal electronically; authorizing
20electronic transmission and sealing of final plans,
21specifications, or reports; prohibiting signing or sealing
22of final plans, specifications, or reports after
23expiration, suspension, or revocation of certificate of
24registration; requiring surrender of the seal upon
25suspension or revocation of the certificate of
26registration; reenacting s. 481.225(1)(a) and (3), F.S.,
27relating to disciplinary proceedings against registered
28architects, to incorporate the amendment to s. 481.221,
29F.S., in a reference thereto; providing penalties;
30reenacting s. 481.325(1)(a) and (3), F.S., relating to
31disciplinary proceedings against registered landscape
32architects, to incorporate the amendment to s. 481.321,
33F.S., in a reference thereto; providing penalties;
34amending s. 489.103, F.S.; exempting preengineered fire
35extinguishing system permittees from construction
36contracting regulation; amending s. 489.105, F.S.;
37revising contractor definitions to authorize Class A and
38Class B air-conditioning contractors to disconnect or
39reconnect changeouts of liquefied petroleum or natural gas
40appliances within buildings, mechanical contractors to
41install, maintain, fabricate, repair, alter, extend, or
42design, when not prohibited by law, liquefied petroleum
43gas lines within buildings, and plumbing contractors to
44install liquefied petroleum gas and related venting lines;
45providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Section 481.221, Florida Statutes, is amended
50to read:
51     481.221  Seals; display of certificate number.--
52     (1)  The board shall prescribe, by rule, one or more forms
53of distinctively different seals to be used by registered
54architects and interior designers, respectively, holding valid
55certificates of registration.
56     (2)(a)  Each registered architect shall obtain one an
57impression-type metal seal in a form approved by rule of the
58board and may, in addition, register her or his seal
59electronically in accordance with ss. 668.001-668.006.,and All
60final construction documents and instruments of service which
61include drawings, plans, specifications, or reports prepared or
62issued by the registered architect and being filed for public
63record shall bear the signature and seal of the registered
64architect who prepared or approved the document and the date on
65which they were sealed. The signature, date, and seal shall be
66evidence of the authenticity of that to which they are affixed.
67Final plans, specifications, or reports prepared or issued by a
68registered architect may be transmitted electronically and may
69be signed by the registered architect, dated, and sealed
70electronically with the seal in accordance with ss. 668.001-
71668.006.
72     (3)(b)  The board shall adopt a rule prescribing the
73distinctly different seals to be used by registered interior
74designers holding valid certificates of registration. Each
75registered interior designer shall obtain a seal as prescribed
76by the board, and all drawings, plans, specifications, or
77reports prepared or issued by the registered interior designer
78and being filed for public record shall bear the signature and
79seal of the registered interior designer who prepared or
80approved the document and the date on which they were sealed.
81The signature, date, and seal shall be evidence of the
82authenticity of that to which they are affixed. Final plans,
83specifications, or reports prepared or issued by a registered
84interior designer may be transmitted electronically and may be
85signed by the registered interior designer, dated, and sealed
86electronically with the seal in accordance with ss. 668.001-
87668.006.
88     (4)(2)  No registered architect shall affix, or permit to
89be affixed, her or his seal or signature to any final
90construction document or instrument of service which includes
91any plan, specification, drawing, or other document which
92depicts work which she or he is not competent to perform.
93     (5)(3)  No registered interior designer shall affix, or
94permit to be affixed, her or his seal or signature to any plan,
95specification, drawing, or other document which depicts work
96which she or he is not competent or licensed to perform.
97     (6)(4)  No registered architect shall affix her or his
98signature or seal to any final construction document or
99instrument of service which includes drawings, plans,
100specifications, or architectural documents which were not
101prepared by her or him or under her or his responsible
102supervising control or by another registered architect and
103reviewed, approved, or modified and adopted by her or him as her
104or his own work according to rules adopted by the board.
105     (7)(5)  No registered interior designer shall affix her or
106his signature or seal to any plans, specifications, or other
107documents which were not prepared by her or him or under her or
108his responsible supervising control or by another registered
109interior designer and reviewed, approved, or modified and
110adopted by her or him as her or his own work according to rules
111adopted by the board.
112     (8)(6)  Final construction documents or instruments of
113service which include plans, drawings, specifications, or other
114architectural documents prepared by a registered architect as
115part of her or his architectural practice shall be of a
116sufficiently high standard to clearly and accurately indicate or
117illustrate all essential parts of the work to which they refer.
118     (9)(7)  Studies, drawings, specifications, and other
119related documents prepared by a registered interior designer in
120providing interior design services shall be of a sufficiently
121high standard to clearly and accurately indicate all essential
122parts of the work to which they refer.
123     (10)(8)  Each registered architect or interior designer,
124and each corporation or partnership holding a certificate of
125authorization, shall include its certificate number in any
126newspaper, telephone directory, or other advertising medium used
127by the registered architect, interior designer, corporation, or
128partnership. A corporation or partnership is not required to
129display the certificate number of individual registered
130architects or interior designers employed by or working within
131the corporation or partnership.
132     (11)(9)  When the certificate of registration of a
133registered architect or interior designer has been revoked or
134suspended by the board, the registered architect or interior
135designer shall surrender her or his seal to the secretary of the
136board within a period of 30 days after the revocation or
137suspension has become effective. If the certificate of the
138registered architect or interior designer has been suspended for
139a period of time, her or his seal shall be returned to her or
140him upon expiration of the suspension period.
141     (12)  A person may not sign and seal by any means any final
142plan, specification, or report after her or his certificate of
143registration has expired or is suspended or revoked. A
144registered architect or interior designer whose certificate of
145registration is suspended or revoked shall, within 30 days after
146the effective date of the suspension or revocation, surrender
147her or his seal to the executive director of the board and
148confirm in writing to the executive director the cancellation of
149the registered architect's or interior designer's electronic
150signature in accordance with ss. 668.001-668.006. When a
151registered architect's or interior designer's certificate of
152registration is suspended for a period of time, her or his seal
153shall be returned upon expiration of the period of suspension.
154     Section 2.  Subsections (1) and (2) of section 481.321,
155Florida 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
158of seals for use a form of seal to be used by a registered
159landscape architect who holds a valid certificate of
160registration. Each registered landscape architect shall obtain
161one an impression-type metal seal in a form approved by rule of
162the board and may, in addition, register her or his seal
163electronically in accordance with ss. 668.001-668.006., and All
164final plans, specifications, or reports prepared or issued by
165the registered landscape architect and filed for public record
166shall be signed by the registered landscape architect, dated,
167and stamped or sealed electronically with her or his seal. The
168signature, date, and seal constitute evidence of the
169authenticity of that to which they are affixed. Final plans,
170specifications, or reports prepared or issued by a registered
171landscape architect may be transmitted electronically and may be
172signed by the registered landscape architect, dated, and sealed
173electronically with the seal in accordance with ss. 668.001-
174668.006.
175     (2)  It is unlawful for any person to sign and seal by any
176means any final plan, specification, or report after her or his
177certificate of registration is expired, suspended, or revoked. A
178registered landscape architect whose certificate of registration
179is suspended or revoked shall, within 30 days after the
180effective date of the suspension or revocation, surrender her or
181his seal to the executive director of the board and confirm in
182writing to the executive director the cancellation of the
183landscape architect's electronic signature in accordance with
184ss. 668.001-668.006. When a landscape architect's certificate of
185registration is suspended for a period of time, her or his seal
186shall be returned upon expiration of the period of suspension.
187When the certificate of registration of a registered landscape
188architect has been revoked or suspended by the board, the
189registered landscape architect shall surrender her or his seal
190to the executive director of the board within 30 days after the
191revocation or suspension has become effective. If the
192certificate of the registered landscape architect is suspended
193for a period of time, her or his seal shall be returned to her
194or him upon expiration of the suspension period.
195     Section 3.  For the purpose of incorporating the amendment
196to section 481.221, Florida Statutes, in a reference thereto,
197paragraph (a) of subsection (1) and subsection (3) of section
198481.225, Florida Statutes, are reenacted to read:
199     481.225  Disciplinary proceedings against registered
200architects.--
201     (1)  The following acts constitute grounds for which the
202disciplinary actions in subsection (3) may be taken:
203     (a)  Violating any provision of s. 455.227(1), s. 481.221,
204or s. 481.223, or any rule of the board or department lawfully
205adopted pursuant to this part or chapter 455.
206     (3)  When the board finds any registered architect guilty
207of any of the grounds set forth in subsection (1), it may enter
208an 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
214Florida Building Code as reported by a local jurisdiction.
215     (d)  Issuance of a reprimand.
216     (e)  Placement of the registered architect on probation for
217a period of time and subject to such conditions as the board may
218specify, including requiring the registered architect to attend
219continuing education courses or to work under the supervision of
220another registered architect.
221     (f)  Restriction of the authorized scope of practice by the
222registered architect.
223     Section 4.  For the purpose of incorporating the amendment
224to section 481.321, Florida Statutes, in a reference thereto,
225paragraph (a) of subsection (1) and subsection (3) of section
226481.325, Florida Statutes, are reenacted to read:
227     481.325  Disciplinary proceedings.--
228     (1)  The following acts constitute grounds for which the
229disciplinary actions in subsection (3) may be taken:
230     (a)  Violation of any provision of s. 455.227(1), s.
231481.321, or s. 481.323.
232     (3)  When the board finds any registered landscape
233architect guilty of any of the grounds set forth in subsection
234(1), it may enter an order imposing one or more of the following
235penalties:
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
241Florida Building Code as reported by a local jurisdiction.
242     (d)  Issuance of a reprimand.
243     (e)  Placement of the registered landscape architect on
244probation for a period of time and subject to such conditions as
245the board may specify, including requiring the registered
246landscape architect to attend continuing education courses or to
247work under the supervision of another registered landscape
248architect.
249     (f)  Restriction of the authorized scope of practice by the
250registered landscape architect.
251     Section 5.  Subsection (20) is added to section 489.103,
252Florida 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,
260and shall only be responsible for, the project contracted for
261and means, except as exempted in this part, the person who, for
262compensation, undertakes to, submits a bid to, or does himself
263or herself or by others construct, repair, alter, remodel, add
264to, demolish, subtract from, or improve any building or
265structure, including related improvements to real estate, for
266others or for resale to others; and whose job scope is
267substantially similar to the job scope described in one of the
268subsequent paragraphs of this subsection. For the purposes of
269regulation under this part, "demolish" applies only to
270demolition of steel tanks over 50 feet in height; towers over 50
271feet in height; other structures over 50 feet in height, other
272than buildings or residences over three stories tall; and
273buildings or residences over three stories tall. Contractors are
274subdivided into two divisions, Division I, consisting of those
275contractors defined in paragraphs (a)-(c), and Division II,
276consisting of those contractors defined in paragraphs (d)-(q):
277     (f)  "Class A air-conditioning contractor" means a
278contractor whose services are unlimited in the execution of
279contracts requiring the experience, knowledge, and skill to
280install, maintain, repair, fabricate, alter, extend, or design,
281when not prohibited by law, central air-conditioning,
282refrigeration, heating, and ventilating systems, including duct
283work in connection with a complete system only to the extent
284such duct work is performed by the contractor as is necessary to
285make complete an air-distribution system, boiler and unfired
286pressure vessel systems, and all appurtenances, apparatus, or
287equipment used in connection therewith, and any duct cleaning
288and equipment sanitizing which requires at least a partial
289disassembling of the system; to install, maintain, repair,
290fabricate, alter, extend, or design, when not prohibited by law,
291piping, insulation of pipes, vessels and ducts, pressure and
292process piping, and pneumatic control piping; to replace,
293disconnect, or reconnect power wiring on the load side of the
294dedicated existing electrical disconnect switch; to install,
295disconnect, and reconnect low voltage heating, ventilating, and
296air-conditioning control wiring; and to install a condensate
297drain from an air-conditioning unit to an existing safe waste or
298other approved disposal other than a direct connection to a
299sanitary system. The scope of work for such contractor shall
300also include any excavation work incidental thereto, but shall
301not include any work such as liquefied petroleum or natural gas
302fuel lines within buildings, except for disconnecting or
303reconnecting changeouts of liquefied petroleum or natural gas
304appliances within buildings; potable water lines or connections
305thereto;, sanitary sewer lines;, swimming pool piping and
306filters;, or electrical power wiring.
307     (g)  "Class B air-conditioning contractor" means a
308contractor whose services are limited to 25 tons of cooling and
309500,000 Btu of heating in any one system in the execution of
310contracts requiring the experience, knowledge, and skill to
311install, maintain, repair, fabricate, alter, extend, or design,
312when not prohibited by law, central air-conditioning,
313refrigeration, heating, and ventilating systems, including duct
314work in connection with a complete system only to the extent
315such duct work is performed by the contractor as is necessary to
316make complete an air-distribution system being installed under
317this classification, and any duct cleaning and equipment
318sanitizing which requires at least a partial disassembling of
319the system; to install, maintain, repair, fabricate, alter,
320extend, or design, when not prohibited by law, piping and
321insulation of pipes, vessels, and ducts; to replace, disconnect,
322or reconnect power wiring on the load side of the dedicated
323existing electrical disconnect switch; to install, disconnect,
324and reconnect low voltage heating, ventilating, and air-
325conditioning control wiring; and to install a condensate drain
326from an air-conditioning unit to an existing safe waste or other
327approved disposal other than a direct connection to a sanitary
328system. The scope of work for such contractor shall also include
329any excavation work incidental thereto, but shall not include
330any work such as liquefied petroleum or natural gas fuel lines
331within buildings, except for disconnecting or reconnecting
332changeouts of liquefied petroleum or natural gas appliances
333within buildings; potable water lines or connections thereto;,
334sanitary sewer lines;, swimming pool piping and filters;, or
335electrical power wiring.
336     (i)  "Mechanical contractor" means a contractor whose
337services are unlimited in the execution of contracts requiring
338the experience, knowledge, and skill to install, maintain,
339repair, fabricate, alter, extend, or design, when not prohibited
340by law, central air-conditioning, refrigeration, heating, and
341ventilating systems, including duct work in connection with a
342complete system only to the extent such duct work is performed
343by the contractor as is necessary to make complete an air-
344distribution system, boiler and unfired pressure vessel systems,
345lift station equipment and piping, and all appurtenances,
346apparatus, or equipment used in connection therewith, and any
347duct cleaning and equipment sanitizing which requires at least a
348partial disassembling of the system; to install, maintain,
349repair, fabricate, alter, extend, or design, when not prohibited
350by law, piping, insulation of pipes, vessels and ducts, pressure
351and process piping, pneumatic control piping, gasoline tanks and
352pump installations and piping for same, standpipes, air piping,
353vacuum line piping, oxygen lines, nitrous oxide piping, ink and
354chemical lines, fuel transmission lines, liquefied petroleum gas
355lines within buildings, and natural gas fuel lines within
356buildings; to replace, disconnect, or reconnect power wiring on
357the load side of the dedicated existing electrical disconnect
358switch; to install, disconnect, and reconnect low voltage
359heating, ventilating, and air-conditioning control wiring; and
360to install a condensate drain from an air-conditioning unit to
361an existing safe waste or other approved disposal other than a
362direct connection to a sanitary system. The scope of work for
363such contractor shall also include any excavation work
364incidental thereto, but shall not include any work such as
365liquefied petroleum gas fuel lines within buildings, potable
366water lines or connections thereto, sanitary sewer lines,
367swimming pool piping and filters, or electrical power wiring.
368     (m)  "Plumbing contractor" means a contractor whose
369contracting business consists of the execution of contracts
370requiring the experience, financial means, knowledge, and skill
371to install, maintain, repair, alter, extend, or, when not
372prohibited by law, design plumbing. A plumbing contractor may
373install, maintain, repair, alter, extend, or, when not
374prohibited by law, design the following without obtaining any
375additional local regulatory license, certificate, or
376registration: sanitary drainage or storm drainage facilities;
377venting systems; public or private water supply systems; septic
378tanks; drainage and supply wells; swimming pool piping;
379irrigation systems; or solar heating water systems and all
380appurtenances, apparatus, or equipment used in connection
381therewith, including boilers and pressure process piping and
382including the installation of water, natural gas, liquefied
383(excluding liquid petroleum gas and related venting gases), and
384storm and sanitary sewer lines; and water and sewer plants and
385substations. The scope of work of the plumbing contractor also
386includes the design, when not prohibited by law, and
387installation, maintenance, repair, alteration, or extension of
388air-piping, vacuum line piping, oxygen line piping, nitrous
389oxide piping, and all related medical gas systems; fire line
390standpipes and fire sprinklers to the extent authorized by law;
391ink and chemical lines; fuel oil and gasoline piping and tank
392and pump installation, except bulk storage plants; and pneumatic
393control piping systems, all in such a manner as to comply with
394all plans, specifications, codes, laws, and regulations
395applicable. The scope of work of the plumbing contractor shall
396apply to private property and public property, shall include any
397excavation work incidental thereto, and shall include the work
398of the specialty plumbing contractor. Such contractor shall
399subcontract, with a qualified contractor in the field concerned,
400all other work incidental to the work but which is specified
401herein as being the work of a trade other than that of a
402plumbing contractor. Nothing in this definition shall be
403construed to limit the scope of work of any specialty contractor
404certified pursuant to s. 489.113(6). Nothing in this definition
405shall be construed to require certification or registration
406under this part of any authorized employee of a public natural
407gas utility or of a private natural gas utility regulated by the
408Public Service Commission when disconnecting and reconnecting
409water lines in the servicing or replacement of an existing water
410heater.
411     Section 7.  This act shall take effect July 1, 2005.


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