HB 423

1
A bill to be entitled
2An act relating to building code enforcement officials;
3amending s. 468.619, F.S.; providing that the building
4code enforcement officials' bill of rights does not apply
5when the official is the subject of disciplinary
6proceedings for actions occurring outside the scope of
7employment; amending s. 468.621, F.S.; providing that
8assisting any person in violating the building code is
9grounds for discipline; providing that filing a record
10that an official knew or should have known was false is
11grounds for discipline; providing for disciplinary
12proceedings for violations involving failure to follow
13building codes or permits, obstructing an investigation,
14and accepting services at a reduced rate from any person
15whose work may be under the enforcement authority of the
16official; increasing the maximum administrative fine that
17may be imposed per violation; providing that a violation
18of a local or state permitting or licensing requirement is
19prima facie evidence that the official acted with reckless
20disregard or deliberate ignorance; amending s. 489.113,
21F.S.; providing that violations of building codes by
22contractors need not be willful; amending s. 489.115,
23F.S.; specifying that guidelines for determining financial
24stability may include minimum requirements for net worth,
25cash, and bonding; amending s. 489.127, F.S.; providing
26penalties when a licensed contractor performs unlicensed
27activity, hires a subcontractor to perform unlicensed
28activity, or fails to obtain required permits; providing
29that local jurisdictions may issue civil citations;
30providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsection (10) is added to section 468.619,
35Florida Statutes, to read:
36     468.619  Building code enforcement officials' bill of
37rights.--
38     (10)  This bill of rights does not apply when an
39enforcement official is under investigation or the subject of
40disciplinary proceedings for actions that occur outside the
41scope of the employment of the enforcement official.
42     Section 2.  Subsections (1) and (2) of section 468.621,
43Florida Statutes, are amended, and subsection (5) is added to
44that section, to read:
45     468.621  Disciplinary proceedings.--
46     (1)  The following acts constitute grounds for which the
47disciplinary actions in subsection (2) may be taken:
48     (a)  Violating or failing to comply with any provision of
49this part, or a valid rule or lawful order of the board or
50department pursuant thereto.
51     (b)  Obtaining certification through fraud, deceit, or
52perjury.
53     (c)  Knowingly Assisting any person practicing contrary to
54the provisions of:
55     1.  This part; or
56     2.  The building code adopted by the enforcement authority
57of that person.
58     (d)  Having been convicted of a felony against this state
59or the United States, or of a felony in another state that would
60have been a felony had it been committed in this state.
61     (e)  Having been convicted of a crime in any jurisdiction
62which directly relates to the practice of building code
63administration or inspection.
64     (f)  Making or filing a report or record that which the
65certificateholder knew or should have known knows to be false,
66or knowingly inducing another to file a false report or record,
67or knowingly failing to file a report or record required by
68state or local law, or knowingly impeding or obstructing such
69filing, or knowingly inducing another person to impede or
70obstruct such filing.
71     (g)  Failing to follow or to properly enforce applicable
72building codes or permit requirements that the certificateholder
73knew or should have known were applicable, or by committing
74willful misconduct, gross negligence, gross misconduct, repeated
75negligence, or negligence resulting in a significant danger to
76life or property.
77     (h)  Issuing a building permit to a contractor, or any
78person representing himself or herself as a contractor, without
79obtaining the contractor's certificate or registration number,
80where such a certificate or registration is required.
81     (i)  Failing to lawfully execute the duties and
82responsibilities specified in this part and ss. 553.73, 553.781,
83553.79, and 553.791.
84     (j)  Performing building code inspection services under s.
85553.791 without satisfying the insurance requirements of that
86section.
87     (k)  Obstructing an investigation or providing or inducing
88another to provide forged documents, false forensic evidence, or
89false testimony to a local or state board or member thereof or
90to a licensing investigator.
91     (l)  Accepting labor, services, or materials for free or at
92a reduced rate from any person who performs work that may be
93under the enforcement authority of the enforcement official.
94     (2)  When the board finds any person guilty of any of the
95grounds set forth in subsection (1), it may enter an order
96imposing one or more of the following penalties:
97     (a)  Denial of an application for certification.
98     (b)  Permanent revocation.
99     (c)  Suspension of a certificate.
100     (d)  Imposition of an administrative fine not to exceed
101$10,000 $5,000 for each separate offense. Such fine must be
102rationally related to the gravity of the violation.
103     (e)  Issuance of a reprimand.
104     (f)  Placement of the certificateholder on probation for a
105period of time and subject to the such conditions as the board
106may impose, including alteration of performance level.
107     (g)  Satisfactory completion of continuing education.
108     (h)  Issuance of a citation.
109     (5)  It is prima facie evidence that an enforcement
110official violated this section and acted with reckless disregard
111or deliberate ignorance if the enforcement official violates a
112local or state permitting or licensing requirement that the
113enforcement official is charged with enforcing as a part of his
114or her official duties, regardless of whether the violation
115occurs within employment jurisdiction of the enforcement
116official or occurs in connection with the employment of the
117enforcement official or outside the scope of the employment of
118the enforcement official.
119     Section 3.  Paragraph (b) of subsection (4) of section
120489.113, Florida Statutes, is amended to read:
121     489.113  Qualifications for practice; restrictions.--
122     (4)
123     (b)  Notwithstanding the provisions of paragraph (a), a
124local construction regulation board may deny, suspend, or revoke
125the authority of a certified contractor to obtain a building
126permit or limit the such authority to obtaining a permit or
127permits with specific conditions, if the local construction
128regulation board has found the such contractor, through the
129public hearing process, to be guilty of fraud or a willful
130building code violation within the county or municipality that
131the local construction regulation board represents or if the
132local construction regulation board has proof that the such
133contractor, through the public hearing process, has been found
134guilty in another county or municipality within the past 12
135months, of fraud or a willful building code violation and finds,
136after providing notice of an opportunity to be heard to the
137contractor, that the such fraud or violation would have been
138fraud or a violation if committed in the county or municipality
139that the local construction board represents. Notification of
140and information concerning the such permit denial shall be
141submitted to the department within 15 days after the local
142construction regulation board decides to deny the permit.
143     Section 4.  Subsection (6) of section 489.115, Florida
144Statutes, is amended to read:
145     489.115  Certification and registration; endorsement;
146reciprocity; renewals; continuing education.--
147     (6)  An initial applicant shall, along with the
148application, and a certificateholder or registrant shall, upon
149requesting a change of status, submit to the board a credit
150report from a nationally recognized credit agency that reflects
151the financial responsibility of the applicant or
152certificateholder or registrant. The credit report required for
153the initial applicant shall be considered the minimum evidence
154necessary to satisfy the board that he or she is financially
155responsible to be certified, has the necessary credit and
156business reputation to engage in contracting in the state, and
157has the minimum financial stability necessary to avoid the
158problem of financial mismanagement or misconduct. The board
159shall, by rule, adopt guidelines for determination of financial
160stability, which may include minimum requirements for net worth,
161cash, and bonding.
162     Section 5.   Present paragraph (d) of subsection (4) of
163section 489.127, Florida Statutes, is redesignated as paragraph
164(e), a new paragraph (d) is added to that subsection, and
165paragraph (o) of subsection (5) of that section is amended, to
166read:
167     489.127  Prohibitions; penalties.--
168     (4)
169     (d)  A certified or registered contractor or a contractor
170authorized by a local construction licensing board may not
171perform work for which he or she is not properly licensed,
172subcontract to unlicensed persons to perform work that requires
173a license, or fail to obtain required permits.
174     (5)  Each county or municipality may, at its option,
175designate one or more of its code enforcement officers, as
176defined in chapter 162, to enforce, as set out in this
177subsection, the provisions of subsection (1) and s. 489.132(1)
178against persons who engage in activity for which a county or
179municipal certificate of competency or license or state
180certification or registration is required.
181     (o)  Nothing in This subsection does not shall be construed
182to authorize local jurisdictions to exercise disciplinary
183authority, other than to issue civil citations, which are not
184considered discipline, or procedures established in this
185subsection against an individual holding a proper valid
186certificate issued under pursuant to this part.
187     Section 6.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.