Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1894
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                            CHAMBER ACTION
              Senate                               House
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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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 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
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 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.--
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 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
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 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,
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 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.
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 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.
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 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
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 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
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 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
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 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
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 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.
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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,
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 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
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 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.
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