Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 Floor: WD/2R .
04/27/2006 11:40 AM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Constantine moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 14, between lines 2 and 3,
15
16 insert:
17 Section 10. Subsection (2) and paragraph (a) of
18 subsection (5) of section 468.609, Florida Statutes, are
19 amended to read:
20 468.609 Administration of this part; standards for
21 certification; additional categories of certification.--
22 (2) A person may take the examination for
23 certification as a building code inspector or plans examiner
24 pursuant to this part if the person:
25 (a) Is at least 18 years of age.
26 (b) Is of good moral character.
27 (c) Meets eligibility requirements according to one of
28 the following criteria:
29 1. Demonstrates 5 years' combined experience in the
30 field of construction or a related field, building code
31 inspection, or plans review corresponding to the certification
1
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 category sought;
2 2. Demonstrates a combination of postsecondary
3 education in the field of construction or a related field and
4 experience which totals 4 years, with at least 1 year of such
5 total being experience in construction, building code
6 inspection, or plans review;
7 3. Demonstrates a combination of technical education
8 in the field of construction or a related field and experience
9 which totals 4 years, with at least 1 year of such total being
10 experience in construction, building code inspection, or plans
11 review; or
12 4. Currently holds a standard certificate as issued by
13 the board and satisfactorily completes a building code
14 inspector or plans examiner training program of not less than
15 200 hours in the certification category sought. The board
16 shall establish by rule criteria for the development and
17 implementation of the training programs;.
18 5. Demonstrates a combination of technical education
19 in the field of building code inspection or plans review and
20 experience which totals 2 years, with at least 1 year of such
21 total being experience in construction, building code
22 inspection, or plans review. The technical education portion
23 of this requirement shall require proof of satisfactory
24 completion of a technical education program of not fewer than
25 400 hours in the chosen category of building code inspection
26 or plans review in the certification category sought with not
27 fewer than 20 hours of the technical education program
28 covering ethics and professional standards. The board shall
29 coordinate with the Building Officials Association of Florida,
30 Inc., to establish by rule the development and implementation
31 of the technical education programs; or
2
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 6. Has completed, at a minimum, an associate degree
2 program in Construction Management from an accredited
3 institution with a major in Building Code Administration.
4 (d) After the Building Code Training Program is
5 established under s. 553.841, demonstrates successful
6 completion of the core curriculum approved by the Florida
7 Building Commission, appropriate to the licensing category
8 sought.
9 (5)(a) To obtain a standard certificate, an individual
10 must pass an examination approved by the board which
11 demonstrates that the applicant has fundamental knowledge of
12 the state laws and codes relating to the construction of
13 buildings for which the applicant has building code
14 administration, plans examination, or building code inspection
15 responsibilities. It is the intent of the Legislature that the
16 examination approved for certification pursuant to this part
17 be substantially equivalent to the examinations administered
18 by the International Code Council Southern Building Code
19 Congress International and the Council of American Building
20 Officials.
21 Section 11. Subsection (4) is added to section
22 468.617, Florida Statutes, to read:
23 468.617 Joint building code inspection department;
24 other arrangements.--
25 (4) Nothing in this part shall prohibit any building
26 code inspector, plans examiner, or building code administrator
27 holding a limited certificate who is employed by a
28 jurisdiction within a statutorily defined small county to
29 provide building code inspection, plans review, or building
30 code administration services to another jurisdiction within a
31 statutorily defined small county.
3
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 Section 12. Subsection (10) is added to section
2 468.619, Florida Statutes, to read:
3 468.619 Building code enforcement officials' bill of
4 rights.--
5 (10) This bill of rights applies to disciplinary
6 investigations and proceedings against licenses issued under
7 this part and disciplinary investigations and proceedings
8 relating to the official duties of an enforcement official.
9 This bill of rights does not apply to disciplinary
10 investigations and proceedings against other licenses that the
11 enforcement official holds or disciplinary investigations and
12 proceedings unrelated to the enforcement official's official
13 duties.
14 Section 13. Subsection (1) of section 468.621, Florida
15 Statutes, is amended to read:
16 468.621 Disciplinary proceedings.--
17 (1) The following acts constitute grounds for which
18 the disciplinary actions in subsection (2) may be taken:
19 (a) Violating or failing to comply with any provision
20 of this part, or a valid rule or lawful order of the board or
21 department pursuant thereto.
22 (b) Obtaining certification through fraud, deceit, or
23 perjury.
24 (c) Knowingly assisting any person practicing contrary
25 to the provisions of:
26 1. This part; or
27 2. The building code adopted by the enforcement
28 authority of that person.
29 (d) Having been convicted of a felony against this
30 state or the United States, or of a felony in another state
31 that would have been a felony had it been committed in this
4
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 state.
2 (e) Having been convicted of a crime in any
3 jurisdiction which directly relates to the practice of
4 building code administration or inspection.
5 (f) Making or filing a report or record that which the
6 certificateholder knew knows to be false, or knowingly
7 inducing another to file a false report or record, or
8 knowingly failing to file a report or record required by state
9 or local law, or knowingly impeding or obstructing such
10 filing, or knowingly inducing another person to impede or
11 obstruct such filing.
12 (g) Failing to properly enforce applicable building
13 codes or permit requirements within this state which the
14 certificateholder knew were applicable, by committing willful
15 misconduct, gross negligence, gross misconduct, repeated
16 negligence, or negligence resulting in a significant danger to
17 life or property.
18 (h) Issuing a building permit to a contractor, or any
19 person representing himself or herself as a contractor,
20 without obtaining the contractor's certificate or registration
21 number, where such a certificate or registration is required.
22 (i) Failing to lawfully execute the duties and
23 responsibilities specified in this part and ss. 553.73,
24 553.781, 553.79, and 553.791.
25 (j) Performing building code inspection services under
26 s. 553.791 without satisfying the insurance requirements of
27 that section.
28 (k) Obstructing an investigation or providing or
29 inducing another to provide forged documents, false forensic
30 evidence, or false testimony to a local or state board or
31 member thereof or to a licensing investigator.
5
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 (l) Accepting labor, services, or materials at no
2 charge or at a noncompetitive rate from any person who
3 performs work that is under the enforcement authority of the
4 enforcement official who is not an immediate family member of
5 the enforcement official. "Immediate family member" includes a
6 spouse, child, parent, sibling, grandparent, aunt, uncle, or
7 first cousin of the person or the person's spouse, or any
8 person who resides in the primary residence of the enforcement
9 official.
10 Section 14. Subsections (5) and (6) of section
11 468.627, Florida Statutes, are amended to read:
12 468.627 Application; examination; renewal; fees.--
13 (5) The certificateholder shall provide proof, in a
14 form established by board rule, that the certificateholder has
15 completed at least 14 classroom hours of at least 50 minutes
16 each of continuing education courses during each biennium
17 since the issuance or renewal of the certificate, including
18 the specialized or advanced coursework approved by the Florida
19 Building Commission, as part of the Building Code Training
20 Program established pursuant to s. 553.841, appropriate to the
21 licensing category sought. A minimum of 2 of the required 14
22 classroom hours shall be on ethics relating to professional
23 standards of practice, duties, and responsibilities of the
24 certificateholder. The board shall by rule establish criteria
25 for approval of continuing education courses and providers,
26 and may by rule establish criteria for accepting alternative
27 nonclassroom continuing education on an hour-for-hour basis.
28 (6) Each certificateholder shall provide to the board
29 proof of completion of the core curriculum courses, or passing
30 the equivalency test of the Building Code Training Program
31 established by s. 553.841, within 2 years after commencement
6
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 of the program. Each new certificateholder shall provide to
2 the board proof of completion of the Building Code Training
3 Program established by s. 553.841. Continuing education hours
4 spent taking such core curriculum courses shall count toward
5 the number required for license renewal. A licensee who passes
6 the equivalency test in lieu of taking the core curriculum
7 courses shall receive full credit for core curriculum course
8 hours.
9 Section 15. Present subsection (6) of section 489.115,
10 Florida Statutes, is redesignated as subsection (7) and
11 amended, present subsection (7) of that section is
12 redesignated as subsection (8), and a new subsection (6) is
13 added to that section, to read:
14 489.115 Certification and registration; endorsement;
15 reciprocity; renewals; continuing education.--
16 (6) An applicant for initial issuance of a certificate
17 or registration shall submit to a criminal history records
18 check to determine moral character. If the applicant has been
19 convicted of a felony, the board may deny licensure to the
20 applicant based upon the severity of the crime, the
21 relationship of the crime to contracting, or the potential for
22 public harm. The board shall also, in denying or approving
23 licensure, consider the length of time since the commission of
24 the crime and the rehabilitation of the applicant. The board
25 may not deny licensure to an applicant based solely upon a
26 felony conviction or the applicant's failure to provide proof
27 of restoration of civil rights.
28 (7)(6) An initial applicant shall, along with the
29 application, and a certificateholder or registrant shall, upon
30 requesting a change of status, submit to the board a credit
31 report from a nationally recognized credit agency that
7
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 reflects the financial responsibility of the applicant or
2 certificateholder or registrant. The credit report required
3 for the initial applicant shall be considered the minimum
4 evidence necessary to satisfy the board that he or she is
5 financially responsible to be certified, has the necessary
6 credit and business reputation to engage in contracting in the
7 state, and has the minimum financial stability necessary to
8 avoid the problem of financial mismanagement or misconduct.
9 The board shall, by rule, adopt guidelines for determination
10 of financial stability, which may include minimum requirements
11 for net worth, cash, and bonding for Division I
12 certificateholders of no more than $20,000 and for Division II
13 certificateholders of no more than $10,000. Fifty percent of
14 the financial requirements may be met by completing a 14-hour
15 financial responsibility course approved by the board.
16
17 (Redesignate subsequent sections.)
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 2, lines 15-18, delete those lines
23
24 and insert:
25 boldly marked "nonfunctional"; amending s.
26 468.609, F.S.; providing eligibility
27 requirements for a person to take the
28 examination for certification as a building
29 code inspector or plans examiner; revising a
30 reference to the organization administering
31 certain examinations; amending s. 468.617,
8
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 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
4:37 PM 04/26/06 s1774c2c-22-e0a
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1774
Barcode 572700
1 portion of financial requirements may be met by
2 completing specified coursework; repealing s.
3 633.5391, F.S., relating to backflow prevention
4 assembly inspection; providing an effective
5 date.
6
7 WHEREAS, the state regulates the construction industry
8 for the benefit of its citizens in order to protect their
9 health, safety, and welfare, and
10 WHEREAS, it is critical to the health, safety, and
11 welfare of the public that the laws enacted by the Legislature
12 relating to construction permitting enforcement of the Florida
13 Building Code and licensing of the industry be implemented and
14 enforced, and
15 WHEREAS, it is critical that the public be able to
16 place their trust in the public officials who are charged with
17 enforcement of those laws and codes, and
18 WHEREAS, in order for enforcement officials, licensing
19 investigators, local and state regulatory boards, and their
20 supporting legal staff to perform licensing and disciplinary
21 functions, they must have the enabling legislation and
22 authority to do so, NOW, THEREFORE,
23
24
25
26
27
28
29
30
31
10
4:37 PM 04/26/06 s1774c2c-22-e0a