Senate Bill sb0792
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Florida Senate - 2005 SB 792
By Senator Haridopolos
26-849-05 See HB 213
1 A bill to be entitled
2 An act relating to construction contracting;
3 amending s. 481.221, F.S.; requiring the Board
4 of Architecture and Interior Design to
5 prescribe, by rule, one or more forms of seals
6 for use by a registered architect or interior
7 designer who holds a valid certificate of
8 registration; authorizing use of one seal and
9 registration of the seal electronically;
10 authorizing electronic transmission and sealing
11 of final plans, specifications, or reports;
12 prohibiting signing or sealing of final plans,
13 specifications, or reports after expiration,
14 suspension, or revocation of certificate of
15 registration; requiring surrender of the seal
16 upon suspension or revocation of the
17 certificate of registration; amending s.
18 481.321, F.S.; requiring the Board of Landscape
19 Architecture to prescribe, by rule, one or more
20 forms of seals for use by a registered
21 landscape architect who holds a valid
22 certificate of registration; authorizing use of
23 one seal and registration of the seal
24 electronically; authorizing electronic
25 transmission and sealing of final plans,
26 specifications, or reports; prohibiting signing
27 or sealing of final plans, specifications, or
28 reports after expiration, suspension, or
29 revocation of certificate of registration;
30 requiring surrender of the seal upon suspension
31 or revocation of the certificate of
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 registration; reenacting s. 481.225(1)(a) and
2 (3), F.S., relating to disciplinary proceedings
3 against registered architects, to incorporate
4 the amendment to s. 481.221, F.S., in a
5 reference thereto; providing penalties;
6 reenacting s. 481.325(1)(a) and (3), F.S.,
7 relating to disciplinary proceedings against
8 registered landscape architects, to incorporate
9 the amendment to s. 481.321, F.S., in a
10 reference thereto; providing penalties;
11 amending s. 489.103, F.S.; exempting
12 preengineered fire extinguishing system
13 permittees from construction contracting
14 regulation; amending s. 489.105, F.S.; revising
15 contractor definitions to authorize Class A and
16 Class B air-conditioning contractors to
17 disconnect or reconnect changeouts of liquefied
18 petroleum or natural gas appliances within
19 buildings, mechanical contractors to install,
20 maintain, fabricate, repair, alter, extend, or
21 design, when not prohibited by law, liquefied
22 petroleum gas lines within buildings, and
23 plumbing contractors to install liquefied
24 petroleum gas and related venting lines;
25 providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 481.221, Florida Statutes, is
30 amended to read:
31 481.221 Seals; display of certificate number.--
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 (1) The board shall prescribe, by rule, one or more
2 forms of distinctively different seals to be used by
3 registered architects and interior designers, respectively,
4 holding valid certificates of registration.
5 (2)(a) Each registered architect shall obtain one an
6 impression-type metal seal in a form approved by rule of the
7 board and may, in addition, register her or his seal
8 electronically in accordance with ss. 668.001-668.006.,and All
9 final construction documents and instruments of service which
10 include drawings, plans, specifications, or reports prepared
11 or issued by the registered architect and being filed for
12 public record shall bear the signature and seal of the
13 registered architect who prepared or approved the document and
14 the date on which they were sealed. The signature, date, and
15 seal shall be evidence of the authenticity of that to which
16 they are affixed. Final plans, specifications, or reports
17 prepared or issued by a registered architect may be
18 transmitted electronically and may be signed by the registered
19 architect, dated, and sealed electronically with the seal in
20 accordance with ss. 668.001-668.006.
21 (3)(b) The board shall adopt a rule prescribing the
22 distinctly different seals to be used by registered interior
23 designers holding valid certificates of registration. Each
24 registered interior designer shall obtain a seal as prescribed
25 by the board, and all drawings, plans, specifications, or
26 reports prepared or issued by the registered interior designer
27 and being filed for public record shall bear the signature and
28 seal of the registered interior designer who prepared or
29 approved the document and the date on which they were sealed.
30 The signature, date, and seal shall be evidence of the
31 authenticity of that to which they are affixed. Final plans,
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 specifications, or reports prepared or issued by a registered
2 interior designer may be transmitted electronically and may be
3 signed by the registered interior designer, dated, and sealed
4 electronically with the seal in accordance with ss.
5 668.001-668.006.
6 (4)(2) No registered architect shall affix, or permit
7 to be affixed, her or his seal or signature to any final
8 construction document or instrument of service which includes
9 any plan, specification, drawing, or other document which
10 depicts work which she or he is not competent to perform.
11 (5)(3) No registered interior designer shall affix, or
12 permit to be affixed, her or his seal or signature to any
13 plan, specification, drawing, or other document which depicts
14 work which she or he is not competent or licensed to perform.
15 (6)(4) No registered architect shall affix her or his
16 signature or seal to any final construction document or
17 instrument of service which includes drawings, plans,
18 specifications, or architectural documents which were not
19 prepared by her or him or under her or his responsible
20 supervising control or by another registered architect and
21 reviewed, approved, or modified and adopted by her or him as
22 her or his own work according to rules adopted by the board.
23 (7)(5) No registered interior designer shall affix her
24 or his signature or seal to any plans, specifications, or
25 other documents which were not prepared by her or him or under
26 her or his responsible supervising control or by another
27 registered interior designer and reviewed, approved, or
28 modified and adopted by her or him as her or his own work
29 according to rules adopted by the board.
30 (8)(6) Final construction documents or instruments of
31 service which include plans, drawings, specifications, or
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 other architectural documents prepared by a registered
2 architect as part of her or his architectural practice shall
3 be of a sufficiently high standard to clearly and accurately
4 indicate or illustrate all essential parts of the work to
5 which they refer.
6 (9)(7) Studies, drawings, specifications, and other
7 related documents prepared by a registered interior designer
8 in providing interior design services shall be of a
9 sufficiently high standard to clearly and accurately indicate
10 all essential parts of the work to which they refer.
11 (10)(8) Each registered architect or interior
12 designer, and each corporation or partnership holding a
13 certificate of authorization, shall include its certificate
14 number in any newspaper, telephone directory, or other
15 advertising medium used by the registered architect, interior
16 designer, corporation, or partnership. A corporation or
17 partnership is not required to display the certificate number
18 of individual registered architects or interior designers
19 employed by or working within the corporation or partnership.
20 (11)(9) When the certificate of registration of a
21 registered architect or interior designer has been revoked or
22 suspended by the board, the registered architect or interior
23 designer shall surrender her or his seal to the secretary of
24 the board within a period of 30 days after the revocation or
25 suspension has become effective. If the certificate of the
26 registered architect or interior designer has been suspended
27 for a period of time, her or his seal shall be returned to her
28 or him upon expiration of the suspension period.
29 (12) A person may not sign and seal by any means any
30 final plan, specification, or report after her or his
31 certificate of registration has expired or is suspended or
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 revoked. A registered architect or interior designer whose
2 certificate of registration is suspended or revoked shall,
3 within 30 days after the effective date of the suspension or
4 revocation, surrender her or his seal to the executive
5 director of the board and confirm in writing to the executive
6 director the cancellation of the registered architect's or
7 interior designer's electronic signature in accordance with
8 ss. 668.001-668.006. When a registered architect's or interior
9 designer's certificate of registration is suspended for a
10 period of time, her or his seal shall be returned upon
11 expiration of the period of suspension.
12 Section 2. Subsections (1) and (2) of section 481.321,
13 Florida Statutes, are amended to read:
14 481.321 Seals; display of certificate number.--
15 (1) The board shall prescribe, by rule, one or more
16 forms of seals for use a form of seal to be used by a
17 registered landscape architect who holds a valid certificate
18 of registration. Each registered landscape architect shall
19 obtain one an impression-type metal seal in a form approved by
20 rule of the board and may, in addition, register her or his
21 seal electronically in accordance with ss. 668.001-668.006.,
22 and All final plans, specifications, or reports prepared or
23 issued by the registered landscape architect and filed for
24 public record shall be signed by the registered landscape
25 architect, dated, and stamped or sealed electronically with
26 her or his seal. The signature, date, and seal constitute
27 evidence of the authenticity of that to which they are
28 affixed. Final plans, specifications, or reports prepared or
29 issued by a registered landscape architect may be transmitted
30 electronically and may be signed by the registered landscape
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 architect, dated, and sealed electronically with the seal in
2 accordance with ss. 668.001-668.006.
3 (2) It is unlawful for any person to sign and seal by
4 any means any final plan, specification, or report after her
5 or his certificate of registration is expired, suspended, or
6 revoked. A registered landscape architect whose certificate of
7 registration is suspended or revoked shall, within 30 days
8 after the effective date of the suspension or revocation,
9 surrender her or his seal to the executive director of the
10 board and confirm in writing to the executive director the
11 cancellation of the landscape architect's electronic signature
12 in accordance with ss. 668.001-668.006. When a landscape
13 architect's certificate of registration is suspended for a
14 period of time, her or his seal shall be returned upon
15 expiration of the period of suspension. When the certificate
16 of registration of a registered landscape architect has been
17 revoked or suspended by the board, the registered landscape
18 architect shall surrender her or his seal to the executive
19 director of the board within 30 days after the revocation or
20 suspension has become effective. If the certificate of the
21 registered landscape architect is suspended for a period of
22 time, her or his seal shall be returned to her or him upon
23 expiration of the suspension period.
24 Section 3. For the purpose of incorporating the
25 amendment to section 481.221, Florida Statutes, in a reference
26 thereto, paragraph (a) of subsection (1) and subsection (3) of
27 section 481.225, Florida Statutes, are reenacted to read:
28 481.225 Disciplinary proceedings against registered
29 architects.--
30 (1) The following acts constitute grounds for which
31 the disciplinary actions in subsection (3) may be taken:
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 (a) Violating any provision of s. 455.227(1), s.
2 481.221, or s. 481.223, or any rule of the board or department
3 lawfully adopted pursuant to this part or chapter 455.
4 (3) When the board finds any registered architect
5 guilty of any of the grounds set forth in subsection (1), it
6 may enter an order imposing one or more of the following
7 penalties:
8 (a) Denial of an application for licensure.
9 (b) Revocation or suspension of a license.
10 (c) Imposition of an administrative fine not to exceed
11 $1,000 for each count or separate offense and a fine of up to
12 $5,000 for matters pertaining to a material violation of the
13 Florida Building Code as reported by a local jurisdiction.
14 (d) Issuance of a reprimand.
15 (e) Placement of the registered architect on probation
16 for a period of time and subject to such conditions as the
17 board may specify, including requiring the registered
18 architect to attend continuing education courses or to work
19 under the supervision of another registered architect.
20 (f) Restriction of the authorized scope of practice by
21 the registered architect.
22 Section 4. For the purpose of incorporating the
23 amendment to section 481.321, Florida Statutes, in a reference
24 thereto, paragraph (a) of subsection (1) and subsection (3) of
25 section 481.325, Florida Statutes, are reenacted to read:
26 481.325 Disciplinary proceedings.--
27 (1) The following acts constitute grounds for which
28 the disciplinary actions in subsection (3) may be taken:
29 (a) Violation of any provision of s. 455.227(1), s.
30 481.321, or s. 481.323.
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 (3) When the board finds any registered landscape
2 architect guilty of any of the grounds set forth in subsection
3 (1), it may enter an order imposing one or more of the
4 following penalties:
5 (a) Denial of an application for licensure.
6 (b) Revocation or suspension of a license.
7 (c) Imposition of an administrative fine not to exceed
8 $1,000 for each count or separate offense and a fine of up to
9 $5,000 for matters pertaining to a material violation of the
10 Florida Building Code as reported by a local jurisdiction.
11 (d) Issuance of a reprimand.
12 (e) Placement of the registered landscape architect on
13 probation for a period of time and subject to such conditions
14 as the board may specify, including requiring the registered
15 landscape architect to attend continuing education courses or
16 to work under the supervision of another registered landscape
17 architect.
18 (f) Restriction of the authorized scope of practice by
19 the registered landscape architect.
20 Section 5. Subsection (20) is added to section
21 489.103, Florida Statutes, to read:
22 489.103 Exemptions.--This part does not apply to:
23 (20) A person licensed pursuant to s. 633.061(1)(d) or
24 (2)(b) performing work authorized by such license.
25 Section 6. Paragraphs (f), (g), (i), and (m) of
26 subsection (3) of section 489.105, Florida Statutes, are
27 amended to read:
28 489.105 Definitions.--As used in this part:
29 (3) "Contractor" means the person who is qualified
30 for, and shall only be responsible for, the project contracted
31 for and means, except as exempted in this part, the person
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 who, for compensation, undertakes to, submits a bid to, or
2 does himself or herself or by others construct, repair, alter,
3 remodel, add to, demolish, subtract from, or improve any
4 building or structure, including related improvements to real
5 estate, for others or for resale to others; and whose job
6 scope is substantially similar to the job scope described in
7 one of the subsequent paragraphs of this subsection. For the
8 purposes of regulation under this part, "demolish" applies
9 only to demolition of steel tanks over 50 feet in height;
10 towers over 50 feet in height; other structures over 50 feet
11 in height, other than buildings or residences over three
12 stories tall; and buildings or residences over three stories
13 tall. Contractors are subdivided into two divisions, Division
14 I, consisting of those contractors defined in paragraphs
15 (a)-(c), and Division II, consisting of those contractors
16 defined in paragraphs (d)-(q):
17 (f) "Class A air-conditioning contractor" means a
18 contractor whose services are unlimited in the execution of
19 contracts requiring the experience, knowledge, and skill to
20 install, maintain, repair, fabricate, alter, extend, or
21 design, when not prohibited by law, central air-conditioning,
22 refrigeration, heating, and ventilating systems, including
23 duct work in connection with a complete system only to the
24 extent such duct work is performed by the contractor as is
25 necessary to make complete an air-distribution system, boiler
26 and unfired pressure vessel systems, and all appurtenances,
27 apparatus, or equipment used in connection therewith, and any
28 duct cleaning and equipment sanitizing which requires at least
29 a partial disassembling of the system; to install, maintain,
30 repair, fabricate, alter, extend, or design, when not
31 prohibited by law, piping, insulation of pipes, vessels and
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 ducts, pressure and process piping, and pneumatic control
2 piping; to replace, disconnect, or reconnect power wiring on
3 the load side of the dedicated existing electrical disconnect
4 switch; to install, disconnect, and reconnect low voltage
5 heating, ventilating, and air-conditioning control wiring; and
6 to install a condensate drain from an air-conditioning unit to
7 an existing safe waste or other approved disposal other than a
8 direct connection to a sanitary system. The scope of work for
9 such contractor shall also include any excavation work
10 incidental thereto, but shall not include any work such as
11 liquefied petroleum or natural gas fuel lines within
12 buildings, except for disconnecting or reconnecting changeouts
13 of liquefied petroleum or natural gas appliances within
14 buildings; potable water lines or connections thereto;,
15 sanitary sewer lines;, swimming pool piping and filters;, or
16 electrical power wiring.
17 (g) "Class B air-conditioning contractor" means a
18 contractor whose services are limited to 25 tons of cooling
19 and 500,000 Btu of heating in any one system in the execution
20 of contracts requiring the experience, knowledge, and skill to
21 install, maintain, repair, fabricate, alter, extend, or
22 design, when not prohibited by law, central air-conditioning,
23 refrigeration, heating, and ventilating systems, including
24 duct work in connection with a complete system only to the
25 extent such duct work is performed by the contractor as is
26 necessary to make complete an air-distribution system being
27 installed under this classification, and any duct cleaning and
28 equipment sanitizing which requires at least a partial
29 disassembling of the system; to install, maintain, repair,
30 fabricate, alter, extend, or design, when not prohibited by
31 law, piping and insulation of pipes, vessels, and ducts; to
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 replace, disconnect, or reconnect power wiring on the load
2 side of the dedicated existing electrical disconnect switch;
3 to install, disconnect, and reconnect low voltage heating,
4 ventilating, and air-conditioning control wiring; and to
5 install a condensate drain from an air-conditioning unit to an
6 existing safe waste or other approved disposal other than a
7 direct connection to a sanitary system. The scope of work for
8 such contractor shall also include any excavation work
9 incidental thereto, but shall not include any work such as
10 liquefied petroleum or natural gas fuel lines within
11 buildings, except for disconnecting or reconnecting changeouts
12 of liquefied petroleum or natural gas appliances within
13 buildings; potable water lines or connections thereto;,
14 sanitary sewer lines;, swimming pool piping and filters;, or
15 electrical power wiring.
16 (i) "Mechanical contractor" means a contractor whose
17 services are unlimited in the execution of contracts requiring
18 the experience, knowledge, and skill to install, maintain,
19 repair, fabricate, alter, extend, or design, when not
20 prohibited by law, central air-conditioning, refrigeration,
21 heating, and ventilating systems, including duct work in
22 connection with a complete system only to the extent such duct
23 work is performed by the contractor as is necessary to make
24 complete an air-distribution system, boiler and unfired
25 pressure vessel systems, lift station equipment and piping,
26 and all appurtenances, apparatus, or equipment used in
27 connection therewith, and any duct cleaning and equipment
28 sanitizing which requires at least a partial disassembling of
29 the system; to install, maintain, repair, fabricate, alter,
30 extend, or design, when not prohibited by law, piping,
31 insulation of pipes, vessels and ducts, pressure and process
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 piping, pneumatic control piping, gasoline tanks and pump
2 installations and piping for same, standpipes, air piping,
3 vacuum line piping, oxygen lines, nitrous oxide piping, ink
4 and chemical lines, fuel transmission lines, liquefied
5 petroleum gas lines within buildings, and natural gas fuel
6 lines within buildings; to replace, disconnect, or reconnect
7 power wiring on the load side of the dedicated existing
8 electrical disconnect switch; to install, disconnect, and
9 reconnect low voltage heating, ventilating, and
10 air-conditioning control wiring; and to install a condensate
11 drain from an air-conditioning unit to an existing safe waste
12 or other approved disposal other than a direct connection to a
13 sanitary system. The scope of work for such contractor shall
14 also include any excavation work incidental thereto, but shall
15 not include any work such as liquefied petroleum gas fuel
16 lines within buildings, potable water lines or connections
17 thereto, sanitary sewer lines, swimming pool piping and
18 filters, or electrical power wiring.
19 (m) "Plumbing contractor" means a contractor whose
20 contracting business consists of the execution of contracts
21 requiring the experience, financial means, knowledge, and
22 skill to install, maintain, repair, alter, extend, or, when
23 not prohibited by law, design plumbing. A plumbing contractor
24 may install, maintain, repair, alter, extend, or, when not
25 prohibited by law, design the following without obtaining any
26 additional local regulatory license, certificate, or
27 registration: sanitary drainage or storm drainage facilities;
28 venting systems; public or private water supply systems;
29 septic tanks; drainage and supply wells; swimming pool piping;
30 irrigation systems; or solar heating water systems and all
31 appurtenances, apparatus, or equipment used in connection
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 therewith, including boilers and pressure process piping and
2 including the installation of water, natural gas, liquefied
3 (excluding liquid petroleum gas and related venting gases),
4 and storm and sanitary sewer lines; and water and sewer plants
5 and substations. The scope of work of the plumbing contractor
6 also includes the design, when not prohibited by law, and
7 installation, maintenance, repair, alteration, or extension of
8 air-piping, vacuum line piping, oxygen line piping, nitrous
9 oxide piping, and all related medical gas systems; fire line
10 standpipes and fire sprinklers to the extent authorized by
11 law; ink and chemical lines; fuel oil and gasoline piping and
12 tank and pump installation, except bulk storage plants; and
13 pneumatic control piping systems, all in such a manner as to
14 comply with all plans, specifications, codes, laws, and
15 regulations applicable. The scope of work of the plumbing
16 contractor shall apply to private property and public
17 property, shall include any excavation work incidental
18 thereto, and shall include the work of the specialty plumbing
19 contractor. Such contractor shall subcontract, with a
20 qualified contractor in the field concerned, all other work
21 incidental to the work but which is specified herein as being
22 the work of a trade other than that of a plumbing contractor.
23 Nothing in this definition shall be construed to limit the
24 scope of work of any specialty contractor certified pursuant
25 to s. 489.113(6). Nothing in this definition shall be
26 construed to require certification or registration under this
27 part of any authorized employee of a public natural gas
28 utility or of a private natural gas utility regulated by the
29 Public Service Commission when disconnecting and reconnecting
30 water lines in the servicing or replacement of an existing
31 water heater.
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Florida Senate - 2005 SB 792
26-849-05 See HB 213
1 Section 7. This act shall take effect July 1, 2005.
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