Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1486
                        Barcode 732124
                            CHAMBER ACTION
              Senate                               House
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       04/25/2006 12:56 PM         .                    
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11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 4, between lines 3 and 4,
16  
17  insert:  
18         Section 2.  Subsection (2) and paragraph (a) of
19  subsection (5) of section 468.609, Florida Statutes, are
20  amended to read:
21         468.609  Administration of this part; standards for
22  certification; additional categories of certification.--
23         (2)  A person may take the examination for
24  certification as a building code inspector or plans examiner
25  pursuant to this part if the person:
26         (a)  Is at least 18 years of age.
27         (b)  Is of good moral character.
28         (c)  Meets eligibility requirements according to one of
29  the following criteria:
30         1.  Demonstrates 5 years' combined experience in the
31  field of construction or a related field, building code
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 inspection, or plans review corresponding to the certification 2 category sought; 3 2. Demonstrates a combination of postsecondary 4 education in the field of construction or a related field and 5 experience which totals 4 years, with at least 1 year of such 6 total being experience in construction, building code 7 inspection, or plans review; 8 3. Demonstrates a combination of technical education 9 in the field of construction or a related field and experience 10 which totals 4 years, with at least 1 year of such total being 11 experience in construction, building code inspection, or plans 12 review; or 13 4. Currently holds a standard certificate as issued by 14 the board and satisfactorily completes a building code 15 inspector or plans examiner training program of not less than 16 200 hours in the certification category sought. The board 17 shall establish by rule criteria for the development and 18 implementation of the training programs;. 19 5. Demonstrates a combination of technical education 20 in the field of building code inspection or plans review and 21 experience which totals 2 years, with at least 1 year of such 22 total being experience in construction, building code 23 inspection, or plans review. The technical education portion 24 of this requirement shall require proof of satisfactory 25 completion of a technical education program of not fewer than 26 400 hours in the chosen category of building code inspection 27 or plans review in the certification category sought with not 28 fewer than 20 hours of the technical education program 29 covering ethics and professional standards. The board shall 30 coordinate with the Building Officials Association of Florida, 31 Inc., to establish by rule the development and implementation 2 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 of the technical education programs; or 2 6. Has completed, at a minimum, an associate degree 3 program in Construction Management from an accredited 4 institution with a major in Building Code Administration. 5 (d) After the Building Code Training Program is 6 established under s. 553.841, demonstrates successful 7 completion of the core curriculum approved by the Florida 8 Building Commission, appropriate to the licensing category 9 sought. 10 (5)(a) To obtain a standard certificate, an individual 11 must pass an examination approved by the board which 12 demonstrates that the applicant has fundamental knowledge of 13 the state laws and codes relating to the construction of 14 buildings for which the applicant has building code 15 administration, plans examination, or building code inspection 16 responsibilities. It is the intent of the Legislature that the 17 examination approved for certification pursuant to this part 18 be substantially equivalent to the examinations administered 19 by the International Code Council Southern Building Code 20 Congress International and the Council of American Building 21 Officials. 22 Section 3. Subsection (4) is added to section 468.617, 23 Florida Statutes, to read: 24 468.617 Joint building code inspection department; 25 other arrangements.-- 26 (4) Nothing in this part shall prohibit any building 27 code inspector, plans examiner, or building code administrator 28 holding a limited certificate who is employed by a 29 jurisdiction within a statutorily defined small county to 30 provide building code inspection, plans review, or building 31 code administration services to another jurisdiction within a 3 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 statutorily defined small county. 2 Section 4. Subsection (10) is added to section 3 468.619, Florida Statutes, to read: 4 468.619 Building code enforcement officials' bill of 5 rights.-- 6 (10) This bill of rights applies to disciplinary 7 investigations and proceedings against licenses issued under 8 this part and disciplinary investigations and proceedings 9 relating to the official duties of an enforcement official. 10 This bill of rights does not apply to disciplinary 11 investigations and proceedings against other licenses that the 12 enforcement official holds or disciplinary investigations and 13 proceedings unrelated to the enforcement official's official 14 duties. 15 Section 5. Subsection (1) of section 468.621, Florida 16 Statutes, is amended to read: 17 468.621 Disciplinary proceedings.-- 18 (1) The following acts constitute grounds for which 19 the disciplinary actions in subsection (2) may be taken: 20 (a) Violating or failing to comply with any provision 21 of this part, or a valid rule or lawful order of the board or 22 department pursuant thereto. 23 (b) Obtaining certification through fraud, deceit, or 24 perjury. 25 (c) Knowingly assisting any person practicing contrary 26 to the provisions of: 27 1. This part; or 28 2. The building code adopted by the enforcement 29 authority of that person. 30 (d) Having been convicted of a felony against this 31 state or the United States, or of a felony in another state 4 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 that would have been a felony had it been committed in this 2 state. 3 (e) Having been convicted of a crime in any 4 jurisdiction which directly relates to the practice of 5 building code administration or inspection. 6 (f) Making or filing a report or record that which the 7 certificateholder knew knows to be false, or knowingly 8 inducing another to file a false report or record, or 9 knowingly failing to file a report or record required by state 10 or local law, or knowingly impeding or obstructing such 11 filing, or knowingly inducing another person to impede or 12 obstruct such filing. 13 (g) Failing to properly enforce applicable building 14 codes or permit requirements within this state which the 15 certificateholder knew were applicable, or by committing 16 willful misconduct, gross negligence, gross misconduct, 17 repeated negligence, or negligence resulting in a significant 18 danger to life or property. 19 (h) Issuing a building permit to a contractor, or any 20 person representing himself or herself as a contractor, 21 without obtaining the contractor's certificate or registration 22 number, where such a certificate or registration is required. 23 (i) Failing to lawfully execute the duties and 24 responsibilities specified in this part and ss. 553.73, 25 553.781, 553.79, and 553.791. 26 (j) Performing building code inspection services under 27 s. 553.791 without satisfying the insurance requirements of 28 that section. 29 (k) Obstructing an investigation or providing or 30 inducing another to provide forged documents, false forensic 31 evidence, or false testimony to a local or state board or 5 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 member thereof or to a licensing investigator. 2 (l) Accepting labor, services, or materials at no 3 charge or at a noncompetitive rate from any person who 4 performs work that is under the enforcement authority of the 5 enforcement official who is not an immediate family member of 6 the enforcement official. "Immediate family member" includes a 7 spouse, child, parent, sibling, grandparent, aunt, uncle, or 8 first cousin of the person or the person's spouse, or any 9 person who resides in the primary residence of the enforcement 10 official. 11 Section 6. Subsections (5) and (6) of section 468.627, 12 Florida Statutes, are amended to read: 13 468.627 Application; examination; renewal; fees.-- 14 (5) The certificateholder shall provide proof, in a 15 form established by board rule, that the certificateholder has 16 completed at least 14 classroom hours of at least 50 minutes 17 each of continuing education courses during each biennium 18 since the issuance or renewal of the certificate, including 19 the specialized or advanced coursework approved by the Florida 20 Building Commission, as part of the Building Code Training 21 Program established pursuant to s. 553.841, appropriate to the 22 licensing category sought. A minimum of 2 of the required 14 23 classroom hours shall be on ethics relating to professional 24 standards of practice, duties, and responsibilities of the 25 certificateholder. The board shall by rule establish criteria 26 for approval of continuing education courses and providers, 27 and may by rule establish criteria for accepting alternative 28 nonclassroom continuing education on an hour-for-hour basis. 29 (6) Each certificateholder shall provide to the board 30 proof of completion of the core curriculum courses, or passing 31 the equivalency test of the Building Code Training Program 6 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 established by s. 553.841, within 2 years after commencement 2 of the program. Continuing education hours spent taking such 3 core curriculum courses shall count toward the number required 4 for license renewal. A licensee who passes the equivalency 5 test in lieu of taking the core curriculum courses shall 6 receive full credit for core curriculum course hours. 7 Section 7. Subsection (6) of section 489.115, Florida 8 Statutes, is amended and renumbered as subsection (7), present 9 subsection (7) is renumbered as subsection (8), and a new 10 subsection (6) is added to that section, to read: 11 489.115 Certification and registration; endorsement; 12 reciprocity; renewals; continuing education.-- 13 (6) An applicant for initial issuance of a certificate 14 or registration shall submit to a criminal history records 15 check to determine moral character. If the applicant has been 16 convicted of a felony, the board may deny licensure to the 17 applicant based upon the severity of the crime, the 18 relationship of the crime to contracting, or the potential for 19 public harm. The board shall also, in denying or approving 20 licensure, consider the length of time since the commission of 21 the crime and the rehabilitation of the applicant. The board 22 may not deny licensure to an applicant based solely upon a 23 felony conviction or the applicant's failure to provide proof 24 of restoration of civil rights. 25 (7)(6) An initial applicant shall, along with the 26 application, and a certificateholder or registrant shall, upon 27 requesting a change of status, submit to the board a credit 28 report from a nationally recognized credit agency that 29 reflects the financial responsibility of the applicant or 30 certificateholder or registrant. The credit report required 31 for the initial applicant shall be considered the minimum 7 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 evidence necessary to satisfy the board that he or she is 2 financially responsible to be certified, has the necessary 3 credit and business reputation to engage in contracting in the 4 state, and has the minimum financial stability necessary to 5 avoid the problem of financial mismanagement or misconduct. 6 The board shall, by rule, adopt guidelines for determination 7 of financial stability, which may include minimum requirements 8 for net worth, cash, and bonding for Division I 9 certificateholders of no more than $20,000 and for Division II 10 certificateholders of no more than $10,000. Fifty percent of 11 the financial requirements may be met by completing a 14-hour 12 financial responsibility course approved by the board. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to professional regulation by 22 the Department of Business and Professional 23 Regulation; amending s. 468.385, F.S.; 24 requiring an applicant for an auctioneer 25 license to submit fingerprints with the 26 application; amending s. 468.609, F.S.; 27 providing eligibility requirements for a person 28 to take the examination for certification as a 29 building code inspector or plans examiner; 30 revising a reference to the organization 31 administering certain examinations; amending s. 8 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 468.617, F.S.; authorizing certain limited 2 certificateholders to provide services to 3 specified jurisdictions; amending s. 468.619, 4 F.S.; providing for the application of the 5 building code enforcement officials' bill of 6 rights to certain disciplinary investigations 7 and proceedings; amending s. 468.621, F.S.; 8 providing for disciplinary proceedings for 9 violations involving failure to follow building 10 code or permit requirements, obstructing an 11 investigation, and accepting services at a 12 noncompetitive rate from any person whose work 13 is under the enforcement authority of the 14 official, under certain circumstances; amending 15 s. 468.627, F.S.; providing requirements for 16 continuing education in ethics; removing 17 provisions relating to an option of taking an 18 equivalency test in lieu of taking core 19 curriculum classes; amending s. 489.115, F.S.; 20 requiring applicants for initial issuance of a 21 certificate or registration as a contractor to 22 submit to criminal history records checks; 23 authorizing the board to deny licensure to 24 certain applicants; specifying matters the 25 board must consider concerning licensure; 26 prohibiting the denial of licensure based 27 solely on a felony conviction or the status of 28 the civil rights of the applicant; specifying 29 that guidelines for determining financial 30 stability may include minimum requirements for 31 net worth, cash, and bonding; providing that a 9 3:43 PM 04/24/06 s1486c-ri24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1486 Barcode 732124 1 portion of financial requirements may be met by 2 completing specified coursework; providing an 3 effective date. 4 5 WHEREAS, the state licenses and regulates the 6 construction industry for the benefit of its citizens in order 7 to protect their health, safety, and welfare, and 8 WHEREAS, it is critical to the health, safety, and 9 welfare of the public that the laws enacted by the Legislature 10 relating to construction permitting enforcement of the Florida 11 Building Code and licensing of the industry be implemented and 12 enforced, and 13 WHEREAS, it is critical that the public be able to 14 place their trust in the public officials who are charged with 15 enforcement of those laws and codes, and 16 WHEREAS, in order for enforcement officials, licensing 17 investigators, local and state regulatory boards, and their 18 supporting legal staff to perform licensing and disciplinary 19 functions, they must have the enabling legislation and 20 authority to do so, NOW, THEREFORE, 21 22 23 24 25 26 27 28 29 30 31 10 3:43 PM 04/24/06 s1486c-ri24-t01