Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1894
                        Barcode 092890
                            CHAMBER ACTION
              Senate                               House
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       04/25/2006 11:24 AM         .                    
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11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment to amendment (345568):
13  
14         Senate Amendment (with title amendment) 
15         On page 4,........, line 5........., delete that line
16  
17  and insert:  
18         Section 6.  Subsections (4) and (7) of section 468.385,
19  Florida Statutes, are amended and present subsection (8) of
20  that section is redesignated as subsection (9), and a new
21  subsection (8) is added to that section, to read:
22         468.385  Licenses required; qualifications;
23  examination.--
24         (4)  Any person seeking a license as an auctioneer must
25  pass a written examination approved by the board which tests
26  his or her general knowledge of the laws of this state
27  relating to provisions of the Uniform Commercial Code which
28  that are relevant to auctions, the laws of agency, and the
29  provisions of this act. Each applicant must also file a
30  complete set of fingerprints taken by an authorized law
31  enforcement officer. The department must submit the
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    6:49 PM   04/24/06                              s1894.ri24.001

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 fingerprints to the Department of Law Enforcement for state 2 processing and to the Federal Bureau of Investigation for 3 federal processing. The cost of processing shall be borne by 4 the applicant. 5 (7)(a) Any auction that is subject to the provisions 6 of this part must be conducted by an auctioneer who has an 7 active license or an apprentice who has an active apprentice 8 auctioneer license and who has received prior written sponsor 9 consent. 10 (b) A No business may not shall auction or offer to 11 auction any property in this state unless it is licensed as an 12 auction business by the board or is exempt from licensure 13 under this act. Each application for licensure shall include 14 the names of the owner and the business, the business mailing 15 address and location, and any other information which the 16 board may require. The owner of an auction business shall 17 report to the board within 30 days of any change in this 18 required information. 19 (8)(a) If an applicant for licensure is a sole 20 proprietorship, the application must identify the owner. If a 21 fictitious name is used, the applicant must furnish evidence 22 of compliance with fictitious-name provisions. 23 (b) If an applicant is a partnership, corporation, 24 business trust, or other legal entity other than a sole 25 proprietorship, the application must provide the name of the 26 partnership and its partners; the name of the corporation and 27 its officers, directors, and stockholders who are also 28 officers or directors; the name of the business trust and its 29 trustees; or the name of any other form of legal entity and 30 its members. If a fictitious name is used, the applicant must 31 furnish evidence of compliance with fictitious-name 2 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 provisions. If any information that is required to be stated 2 on the application changes, the applicant must, within 45 days 3 after any change, mail the correct information to the 4 department. 5 (c) Any person licensed pursuant to this part whose 6 license has been revoked may not be an owner, partner, 7 officer, director, or trustee of an auction business for 5 8 years following such revocation. The person is also ineligible 9 to reapply for licensure for 5 years following such 10 revocation. 11 (d) An applicant must furnish evidence of financial 12 responsibility, credit history, and business reputation in the 13 auction business. The board shall adopt rules that specify the 14 financial-responsibility grounds upon which the board may deny 15 licensure and that define financial responsibility based upon 16 the applicant's credit history, ability to be bonded, and any 17 history of bankruptcy, insolvency proceedings, or assignment 18 of receivers. 19 (e) The board may deny licensure to an applicant if 20 any owner, partner, officer, director, trustee, or member of 21 the applicant has committed an act or offense in any 22 jurisdiction which would constitute a basis for disciplinary 23 action under s. 468.389. 24 (9)(8) A license issued by the department to an 25 auctioneer, apprentice, or auction business is not 26 transferable. 27 Section 7. Subsection (2) and paragraph (a) of 28 subsection (5) of section 468.609, Florida Statutes, are 29 amended to read: 30 468.609 Administration of this part; standards for 31 certification; additional categories of certification.-- 3 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 (2) A person may take the examination for 2 certification as a building code inspector or plans examiner 3 pursuant to this part if the person: 4 (a) Is at least 18 years of age. 5 (b) Is of good moral character. 6 (c) Meets eligibility requirements according to one of 7 the following criteria: 8 1. Demonstrates 5 years' combined experience in the 9 field of construction or a related field, building code 10 inspection, or plans review corresponding to the certification 11 category sought; 12 2. Demonstrates a combination of postsecondary 13 education in the field of construction or a related field and 14 experience which totals 4 years, with at least 1 year of such 15 total being experience in construction, building code 16 inspection, or plans review; 17 3. Demonstrates a combination of technical education 18 in the field of construction or a related field and experience 19 which totals 4 years, with at least 1 year of such total being 20 experience in construction, building code inspection, or plans 21 review; or 22 4. Currently holds a standard certificate as issued by 23 the board and satisfactorily completes a building code 24 inspector or plans examiner training program of not less than 25 200 hours in the certification category sought. The board 26 shall establish by rule criteria for the development and 27 implementation of the training programs;. 28 5. Demonstrates a combination of technical education 29 in the field of building code inspection or plans review and 30 experience which totals 2 years, with at least 1 year of such 31 total being experience in construction, building code 4 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 inspection, or plans review. The technical education portion 2 of this requirement shall require proof of satisfactory 3 completion of a technical education program of not fewer than 4 400 hours in the chosen category of building code inspection 5 or plans review in the certification category sought with not 6 fewer than 20 hours of the technical education program 7 covering ethics and professional standards. The board shall 8 coordinate with the Building Officials Association of Florida, 9 Inc., to establish by rule the development and implementation 10 of the technical education programs; or 11 6. Has completed, at a minimum, an associate degree 12 program in Construction Management from an accredited 13 institution with a major in Building Code Administration. 14 (d) After the Building Code Training Program is 15 established under s. 553.841, demonstrates successful 16 completion of the core curriculum approved by the Florida 17 Building Commission, appropriate to the licensing category 18 sought. 19 (5)(a) To obtain a standard certificate, an individual 20 must pass an examination approved by the board which 21 demonstrates that the applicant has fundamental knowledge of 22 the state laws and codes relating to the construction of 23 buildings for which the applicant has building code 24 administration, plans examination, or building code inspection 25 responsibilities. It is the intent of the Legislature that the 26 examination approved for certification pursuant to this part 27 be substantially equivalent to the examinations administered 28 by the International Code Council Southern Building Code 29 Congress International and the Council of American Building 30 Officials. 31 Section 8. Subsection (4) is added to section 468.617, 5 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 Florida Statutes, to read: 2 468.617 Joint building code inspection department; 3 other arrangements.-- 4 (4) Nothing in this part shall prohibit any building 5 code inspector, plans examiner, or building code administrator 6 holding a limited certificate who is employed by a 7 jurisdiction within a statutorily defined small county to 8 provide building code inspection, plans review, or building 9 code administration services to another jurisdiction within a 10 statutorily defined small county. 11 Section 9. Subsection (10) is added to section 12 468.619, Florida Statutes, to read: 13 468.619 Building code enforcement officials' bill of 14 rights.-- 15 (10) This bill of rights applies to disciplinary 16 investigations and proceedings against licenses issued under 17 this part and disciplinary investigations and proceedings 18 relating to the official duties of an enforcement official. 19 This bill of rights does not apply to disciplinary 20 investigations and proceedings against other licenses that the 21 enforcement official holds or disciplinary investigations and 22 proceedings unrelated to the enforcement official's official 23 duties. 24 Section 10. Subsection (1) of section 468.621, Florida 25 Statutes, is amended to read: 26 468.621 Disciplinary proceedings.-- 27 (1) The following acts constitute grounds for which 28 the disciplinary actions in subsection (2) may be taken: 29 (a) Violating or failing to comply with any provision 30 of this part, or a valid rule or lawful order of the board or 31 department pursuant thereto. 6 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 (b) Obtaining certification through fraud, deceit, or 2 perjury. 3 (c) Knowingly assisting any person practicing contrary 4 to the provisions of: 5 1. This part; or 6 2. The building code adopted by the enforcement 7 authority of that person. 8 (d) Having been convicted of a felony against this 9 state or the United States, or of a felony in another state 10 that would have been a felony had it been committed in this 11 state. 12 (e) Having been convicted of a crime in any 13 jurisdiction which directly relates to the practice of 14 building code administration or inspection. 15 (f) Making or filing a report or record that which the 16 certificateholder knew knows to be false, or knowingly 17 inducing another to file a false report or record, or 18 knowingly failing to file a report or record required by state 19 or local law, or knowingly impeding or obstructing such 20 filing, or knowingly inducing another person to impede or 21 obstruct such filing. 22 (g) Failing to properly enforce applicable building 23 codes or permit requirements within this state which the 24 certificateholder knew were applicable, or by committing 25 willful misconduct, gross negligence, gross misconduct, 26 repeated negligence, or negligence resulting in a significant 27 danger to life or property. 28 (h) Issuing a building permit to a contractor, or any 29 person representing himself or herself as a contractor, 30 without obtaining the contractor's certificate or registration 31 number, where such a certificate or registration is required. 7 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 (i) Failing to lawfully execute the duties and 2 responsibilities specified in this part and ss. 553.73, 3 553.781, 553.79, and 553.791. 4 (j) Performing building code inspection services under 5 s. 553.791 without satisfying the insurance requirements of 6 that section. 7 (k) Obstructing an investigation or providing or 8 inducing another to provide forged documents, false forensic 9 evidence, or false testimony to a local or state board or 10 member thereof or to a licensing investigator. 11 (l) Accepting labor, services, or materials at no 12 charge or at a noncompetitive rate from any person who 13 performs work that is under the enforcement authority of the 14 enforcement official who is not an immediate family member of 15 the enforcement official. "Immediate family member" includes a 16 spouse, child, parent, sibling, grandparent, aunt, uncle, or 17 first cousin of the person or the person's spouse, or any 18 person who resides in the primary residence of the enforcement 19 official. 20 Section 11. Subsection (2) of section 489.113, Florida 21 Statutes, is amended to read: 22 489.113 Qualifications for practice; restrictions.-- 23 (2) No person who is not certified or registered shall 24 engage in the business of contracting in this state. However, 25 for purposes of complying with the provisions of this chapter, 26 a person who is not certified or registered may perform 27 construction work under the supervision of a person who is 28 certified or registered, or under the supervision of the 29 property owner who is acting as his or her own contractor 30 pursuant to s. 489.103(7), if provided that the work is within 31 the scope of the supervisor's license and provided that the 8 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 person being supervised is not engaged in construction work 2 that which would require a license as a contractor under any 3 of the categories listed in s. 489.105(3)(d)-(o). This 4 subsection does not affect the application of any local 5 construction licensing ordinances. To enforce this 6 subsection: 7 (a) The department shall issue a cease and desist 8 order to prohibit any person from engaging in the business of 9 contracting who does not hold the required certification or 10 registration for the work being performed under this part. 11 For the purpose of enforcing a cease and desist order, the 12 department may file a proceeding in the name of the state 13 seeking issuance of an injunction or a writ of mandamus 14 against any person who violates any provision of such order. 15 (b) A county, municipality, or local licensing board 16 created by special act may issue a cease and desist order to 17 prohibit any person from engaging in the business of 18 contracting who does not hold the required certification or 19 registration for the work being performed under this part. 20 Section 12. Paragraph (e) of subsection (4) of section 21 489.117, Florida Statutes, is amended to read: 22 489.117 Registration; specialty contractors.-- 23 (4) 24 (e) Any person who is not required to obtain 25 registration or certification pursuant to s. 489.105(3)(d)-(o) 26 may perform specialty contracting services for the 27 construction, remodeling, repair, or improvement of 28 single-family residences, including a townhouse as defined in 29 the Florida Building Code, without obtaining a local 30 professional license if such person is under the supervision 31 of a certified or registered general, building, or residential 9 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 contractor, or is under the supervision of the property owner 2 who is acting as his or her own contractor pursuant to s. 3 489.103(7). As used in this paragraph, supervision shall not 4 be deemed to require the existence of a direct contract 5 between the certified or registered general, building, or 6 residential contractor and the person performing specialty 7 contracting services. 8 Section 13. Subsections (5) and (6) of section 9 468.627, Florida Statutes, are amended to read: 10 468.627 Application; examination; renewal; fees.-- 11 (5) The certificateholder shall provide proof, in a 12 form established by board rule, that the certificateholder has 13 completed at least 14 classroom hours of at least 50 minutes 14 each of continuing education courses during each biennium 15 since the issuance or renewal of the certificate, including 16 the specialized or advanced coursework approved by the Florida 17 Building Commission, as part of the Building Code Training 18 Program established pursuant to s. 553.841, appropriate to the 19 licensing category sought. A minimum of 2 of the required 14 20 classroom hours shall be on ethics relating to professional 21 standards of practice, duties, and responsibilities of the 22 certificateholder. The board shall by rule establish criteria 23 for approval of continuing education courses and providers, 24 and may by rule establish criteria for accepting alternative 25 nonclassroom continuing education on an hour-for-hour basis. 26 (6) Each certificateholder shall provide to the board 27 proof of completion of the core curriculum courses, or passing 28 the equivalency test of the Building Code Training Program 29 established by s. 553.841, within 2 years after commencement 30 of the program. Continuing education hours spent taking such 31 core curriculum courses shall count toward the number required 10 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 for license renewal. A licensee who passes the equivalency 2 test in lieu of taking the core curriculum courses shall 3 receive full credit for core curriculum course hours. 4 Section 14. Subsection (6) of section 489.115, Florida 5 Statutes, is amended and renumbered as subsection (7), present 6 subsection (7) is renumbered as subsection (8), and a new 7 subsection (6) is added to that section, to read: 8 489.115 Certification and registration; endorsement; 9 reciprocity; renewals; continuing education.-- 10 (6) An applicant for initial issuance of a certificate 11 or registration shall submit to a criminal history records 12 check to determine moral character. If the applicant has been 13 convicted of a felony, the board may deny licensure to the 14 applicant based upon the severity of the crime, the 15 relationship of the crime to contracting, or the potential for 16 public harm. The board shall also, in denying or approving 17 licensure, consider the length of time since the commission of 18 the crime and the rehabilitation of the applicant. The board 19 may not deny licensure to an applicant based solely upon a 20 felony conviction or the applicant's failure to provide proof 21 of restoration of civil rights. 22 (7)(6) An initial applicant shall, along with the 23 application, and a certificateholder or registrant shall, upon 24 requesting a change of status, submit to the board a credit 25 report from a nationally recognized credit agency that 26 reflects the financial responsibility of the applicant or 27 certificateholder or registrant. The credit report required 28 for the initial applicant shall be considered the minimum 29 evidence necessary to satisfy the board that he or she is 30 financially responsible to be certified, has the necessary 31 credit and business reputation to engage in contracting in the 11 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 state, and has the minimum financial stability necessary to 2 avoid the problem of financial mismanagement or misconduct. 3 The board shall, by rule, adopt guidelines for determination 4 of financial stability, which may include minimum requirements 5 for net worth, cash, and bonding for Division I 6 certificateholders of no more than $20,000 and for Division II 7 certificateholders of no more than $10,000. Fifty percent of 8 the financial requirements may be met by completing a 14-hour 9 financial responsibility course approved by the board. 10 Section 15. This act shall take effect July 1, 2006. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page ...4......, lines.14-26...., delete lines 16 17 and insert: 18 An act relating to professional regulation by 19 the Department of Business and Professional 20 Regulation; amending s. 489.503, F.S.; 21 exempting nationally recognized testing 22 laboratories from certain alarm system 23 contracting provisions; amending s. 489.505, 24 F.S.; defining the term "nationally recognized 25 testing laboratory"; amending ss. 489.128 and 26 489.532, F.S.; providing that individuals 27 performing certain construction contracting or 28 electrical and alarm system contracting work 29 are not considered unlicensed for purposes of 30 contract enforceability; providing for 31 retroactive application; amending s. 468.385, 12 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 F.S.; requiring an applicant for an auctioneer 2 license to submit fingerprints with the 3 application; amending s. 468.609, F.S.; 4 providing eligibility requirements for a person 5 to take the examination for certification as a 6 building code inspector or plans examiner; 7 revising a reference to the organization 8 administering certain examinations; amending s. 9 468.617, F.S.; authorizing certain limited 10 certificateholders to provide services to 11 specified jurisdictions; amending s. 468.619, 12 F.S.; providing for the application of the 13 building code enforcement officials' bill of 14 rights to certain disciplinary investigations 15 and proceedings; amending s. 468.621, F.S.; 16 providing for disciplinary proceedings for 17 violations involving failure to follow building 18 code or permit requirements, obstructing an 19 investigation, and accepting services at a 20 noncompetitive rate from any person whose work 21 is under the enforcement authority of the 22 official, under certain circumstances; amending 23 s. 468.627, F.S.; providing requirements for 24 continuing education in ethics; removing 25 provisions relating to an option of taking an 26 equivalency test in lieu of taking core 27 curriculum classes; amending ss. 489.113 and 28 489.117, F.S.; exempting certain contractors 29 and specialty contractors who are working under 30 the supervision of a property owner who is 31 acting as his or her own contractor from 13 6:49 PM 04/24/06 s1894.ri24.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1894 Barcode 092890 1 certification or registration requirements; 2 amending s. 489.115, F.S.; requiring applicants 3 for initial issuance of a certificate or 4 registration as a contractor to submit to 5 criminal history records checks; authorizing 6 the board to deny licensure to certain 7 applicants; specifying matters the board must 8 consider concerning licensure; prohibiting the 9 denial of licensure based solely on a felony 10 conviction or the status of the civil rights of 11 the applicant; specifying that guidelines for 12 determining financial stability may include 13 minimum requirements for net worth, cash, and 14 bonding; providing that a portion of financial 15 requirements may be met by completing specified 16 coursework; providing an effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 6:49 PM 04/24/06 s1894.ri24.001