HB 0311

1	A bill to be entitled
2	An act relating to construction contracting; amending s.
3	489.113, F.S.; revising an exemption for general
4	contractors with respect to the requirement to subcontract
5	the construction of certain sanitary sewer collection,
6	storm collection, and water distribution systems; creating
7	s. 489.1185, F.S.; providing requirements for
8	grandfathering certified general contractors as
9	underground utility and excavation contractors for
10	purposes of qualifying business organizations performing
11	such construction; providing for fees; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Paragraph (d) of subsection (3) of section
17	489.113, Florida Statutes, is amended to read:
18	489.113  Qualifications for practice; restrictions.--
19	(3)  A contractor shall subcontract all electrical,
20	mechanical, plumbing, roofing, sheet metal, swimming pool, and
21	air-conditioning work, unless such contractor holds a state
22	certificate or registration in the respective trade category,
23	however:
24	(d)  A general contractor on new site development work,
25	site redevelopment work, mobile home parks, and commercial
26	properties shall not be required to subcontract the construction
27	of the a main sanitary sewer collection system, the storm
28	collection system, and the or water distribution system, not
29	including the continuation of utility lines from the mains to
30	the buildings, and may perform any of the services, on public or
31	private property, for which a license as an underground utility
32	and excavation contractor is required under this part.
33	Section 2.  Section 489.1185, Florida Statutes, is created
34	to read:
35	489.1185  Business organizations; grandfathering of
36	certified general contractors as underground utility and
37	excavation contractors.--
38	(1)  Any business organization with a valid certificate of
39	authority issued pursuant to this part, which at the time of
40	application is not qualified by a certified underground utility
41	and excavation contractor pursuant to s. 489.105(3)(n), but is
42	qualified as of January 1, 2005, as a certified general
43	contractor pursuant to s. 489.105(3)(a), may designate one
44	qualifying agent for certification as an underground utility and
45	excavation contractor if that person:
46	(a)  Is certified as a general contractor pursuant to this
47	part.
48	(b)  Has at least 5 years' experience in sewer, water, and
49	storm sewer systems, at least 2 years of which must have been in
50	a supervisory capacity with the qualified business entity.
51	(c)  Is at least 18 years of age.
52	(d)  Is an employee of, or has an ownership interest in,
53	that business entity.
54	(2)  The board shall issue, without examination, a
55	certificate in the category of underground utility and
56	excavation contractor to an applicant properly designated
57	pursuant to subsection (1), provided the board has received from
58	the applicant prior to April 1, 2006, a completed application,
59	an application fee of $100, a certification fee of $100, an
60	unlicensed activity fee of $5 pursuant to s. 455.2281, and a fee
61	of $4 pursuant to s. 489.109(3), and provided the applicant:
62	(a)  Has not had a registration or certificate that was
63	issued by the board suspended, revoked, or relinquished in lieu
64	of further disciplinary action.
65	(b)  Does not have a disciplinary case pending before the
66	board.
67	(c)  Has not been convicted of a crime in any jurisdiction
68	which directly relates to the practice of contracting or the
69	ability to practice contracting.
70	Section 3.  This act shall take effect July 1, 2005.

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