HB 0423

CS

CHAMBER ACTION

1	The Business Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to professional regulation by the
7	Department of Business and Professional Regulation;
8	amending s. 468.385, F.S.; providing for the submittal and
9	processing of fingerprints for background checks of
10	applicants for licensure as an auctioneer; requiring the
11	applicant to bear the cost of processing fingerprints and
12	conducting the background check; amending s. 468.603,
13	F.S.; providing definitions; amending s. 468.609, F.S.;
14	providing eligibility requirements for a person to take
15	the examination for certification as a building code
16	inspector or plans examiner; revising a reference to the
17	organization administering certain examinations; amending
18	s. 468.617, F.S.; authorizing certain limited
19	certificateholders to provide services to specified
20	jurisdictions; amending s. 468.619, F.S.; providing for
21	the application of the building code enforcement
22	officials' bill of rights to certain disciplinary
23	investigations and proceedings; amending s. 468.621, F.S.;
24	providing for disciplinary proceedings for violations
25	involving failure to follow building code, licensing, or
26	permit requirements, obstructing an investigation, and
27	accepting services at a noncompetitive rate from any
28	person whose work may be under the enforcement authority
29	of the official, under certain circumstances; amending s.
30	468.627, F.S.; providing requirements for continuing
31	education in ethics; removing provisions relating to an
32	option of taking an equivalency test in lieu of taking
33	core curriculum classes; amending s. 489.105, F.S.;
34	providing definitions; amending s. 489.115, F.S.;
35	requiring applicants for initial issuance of a certificate
36	or registration as a contractor to submit to criminal
37	history records checks; requiring certain applicants for a
38	certificate or registration to provide documentation
39	regarding the status of civil rights; authorizing the
40	board to deny licensure to certain applicants; specifying
41	that guidelines for determining financial stability may
42	include minimum requirements for net worth, cash, and
43	bonding; authorizing a portion of financial requirements
44	to be met by completing specified coursework; amending s.
45	489.127, F.S.; providing penalties when a licensed
46	contractor performs unlicensed activity, hires a
47	subcontractor to perform unlicensed activity, or fails to
48	obtain required permits; revising a provision that
49	prohibits local jurisdictions from exercising disciplinary
50	authority against certificateholders; providing an
51	effective date.
52
53	WHEREAS, the state licenses and regulates the construction
54	industry for the benefit of its citizens in order to protect
55	their health, safety, and welfare, and
56	WHEREAS, it is critical to the health, safety, and welfare
57	of the public that the laws enacted by the Legislature relating
58	to construction permitting enforcement of the Florida Building
59	Code and licensing of the industry be implemented and enforced,
60	and
61	WHEREAS, it is critical that the public be able to place
62	their trust in the public officials who are charged with
63	enforcement of those laws and codes, and
64	WHEREAS, in order for enforcement officials, licensing
65	investigators, local and state regulatory boards, and their
66	supporting legal staff to perform licensing and disciplinary
67	functions, they must have the enabling legislation and authority
68	to do so, NOW, THEREFORE,
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  Subsection (4) of section 468.385, Florida
73	Statutes, is amended to read:
74	468.385  Licenses required; qualifications; examination.--
75	(4)(a)  Any person seeking a license as an auctioneer must
76	pass a written examination approved by the board which tests his
77	or her general knowledge of the laws of this state relating to
78	provisions of the Uniform Commercial Code that are relevant to
79	auctions, the laws of agency, and the provisions of this act.
80	(b)  Any person seeking a license as an auctioneer shall
81	file a complete set of fingerprints for a criminal history
82	record check. Fingerprints shall be taken in a manner approved
83	by the board and shall be submitted electronically to the
84	Department of Law Enforcement for state processing. The
85	Department of Law Enforcement shall forward the fingerprints to
86	the Federal Bureau of Investigation for national processing. The
87	results of the criminal history record check shall be returned
88	to the board for purposes of screening. The cost of processing
89	fingerprints and conducting a criminal history record check
90	shall be borne by the applicant for licensure.
91	Section 2.  Subsections (9), (10), and (11) are added to
92	section 468.603, Florida Statutes, to read:
93	468.603  Definitions.--As used in this part:
94	(9)  "Willful" means the mental state in which a person
95	commits an act knowing that, or showing reckless disregard for
96	whether, the act is prohibited under this part or does not
97	commit an act while knowing that, or showing reckless disregard
98	for whether, the act is required under this part. A person knows
99	that an act is prohibited or required if the person is aware of
100	the provision of this part that prohibits or requires the act,
101	understands the meaning of that provision, and performs the act
102	that is prohibited or fails to perform the act that is required.
103	"Willful" does not include specific intent to defraud.
104	(10)  "Knowing" or "knowingly" means the mental state in
105	which a person, with respect to information, has actual
106	knowledge of the information, acts in deliberate ignorance of
107	the truth or falsity of the information, or acts in reckless
108	disregard of the information. "Knowing" or "knowingly" does not
109	include specific intent to defraud.
110	(11)  "Reckless disregard" means the mental state in which
111	a person commits an act despite the act's being prohibited or
112	required under this part and wholly disregards the law without
113	making any reasonable effort to determine whether the act would
114	constitute a violation of this part. "Reckless disregard" does
115	not include specific intent to defraud.
116	Section 3.  Subsection (2) and paragraph (a) of subsection
117	(5) of section 468.609, Florida Statutes, are amended to read:
118	468.609  Administration of this part; standards for
119	certification; additional categories of certification.--
120	(2)  A person may take the examination for certification as
121	a building code inspector or plans examiner pursuant to this
122	part if the person:
123	(a)  Is at least 18 years of age.
124	(b)  Is of good moral character.
125	(c)  Meets eligibility requirements according to one of the
126	following criteria:
127	1.  Demonstrates 5 years' combined experience in the field
128	of construction or a related field, building code inspection, or
129	plans review corresponding to the certification category sought;
130	2.  Demonstrates a combination of postsecondary education
131	in the field of construction or a related field and experience
132	which totals 4 years, with at least 1 year of such total being
133	experience in construction, building code inspection, or plans
134	review;
135	3.  Demonstrates a combination of technical education in
136	the field of construction or a related field and experience
137	which totals 4 years, with at least 1 year of such total being
138	experience in construction, building code inspection, or plans
139	review; or
140	4.  Currently holds a standard certificate as issued by the
141	board and satisfactorily completes a building code inspector or
142	plans examiner training program of not less than 200 hours in
143	the certification category sought. The board shall establish by
144	rule criteria for the development and implementation of the
145	training programs;.
146	5.  Demonstrates a combination of technical education in
147	the field of building code inspection or plans review and
148	experience which totals 2 years, with at least 1 year of such
149	total being experience in construction, building code
150	inspection, or plans review. The technical education portion of
151	this requirement shall require proof of satisfactory completion
152	of a technical education program of not fewer than 400 hours in
153	the chosen category of building code inspection or plans review
154	in the certification category sought with not fewer than 20
155	hours of the technical education program covering ethics and
156	professional standards. The board shall coordinate with the
157	Building Officials Association of Florida, Inc., to establish by
158	rule the development and implementation of the technical
159	education programs; or
160	6.  Has completed, at a minimum, an associate degree
161	program in Construction Management from an accredited
162	institution with a major in Building Code Administration.
163	(d)  After the Building Code Training Program is
164	established under s. 553.841, demonstrates successful completion
165	of the core curriculum approved by the Florida Building
166	Commission, appropriate to the licensing category sought.
167	(5)(a)  To obtain a standard certificate, an individual
168	must pass an examination approved by the board which
169	demonstrates that the applicant has fundamental knowledge of the
170	state laws and codes relating to the construction of buildings
171	for which the applicant has building code administration, plans
172	examination, or building code inspection responsibilities. It is
173	the intent of the Legislature that the examination approved for
174	certification pursuant to this part be substantially equivalent
175	to the examinations administered by the International Code
176	Council Southern Building Code Congress International and the
177	Council of American Building Officials.
178	Section 4.  Subsection (4) is added to section 468.617,
179	Florida Statutes, to read:
180	468.617  Joint building code inspection department; other
181	arrangements.--
182	(4)  Nothing in this part shall prohibit any building code
183	inspector, plans examiner, or building code administrator
184	holding a limited certificate who is employed by a jurisdiction
185	within a statutorily defined small county to provide building
186	code inspection, plans review, or building code administration
187	services to another jurisdiction within a statutorily defined
188	small county.
189	Section 5.  Subsection (10) is added to section 468.619,
190	Florida Statutes, to read:
191	468.619  Building code enforcement officials' bill of
192	rights.--
193	(10)  This bill of rights applies to disciplinary
194	investigations and proceedings against licenses issued under
195	this part and disciplinary investigations and proceedings
196	relating to the official duties of an enforcement official. This
197	bill of rights does not apply to disciplinary investigations and
198	proceedings against other licenses that the enforcement official
199	holds or disciplinary investigations and proceedings unrelated
200	to the enforcement official's official duties.
201	Section 6.  Subsection (1) of section 468.621, Florida
202	Statutes, is amended to read:
203	468.621  Disciplinary proceedings.--
204	(1)  The following acts constitute grounds for which the
205	disciplinary actions in subsection (2) may be taken:
206	(a)  Violating or failing to comply with any provision of
207	this part, or a valid rule or lawful order of the board or
208	department pursuant thereto.
209	(b)  Obtaining certification through fraud, deceit, or
210	perjury.
211	(c)  Knowingly assisting any person practicing contrary to
212	the provisions of:
213	1.  This part; or
214	2.  The building code adopted by the enforcement authority
215	of that person.
216	(d)  Having been convicted of a felony against this state
217	or the United States, or of a felony in another state that would
218	have been a felony had it been committed in this state.
219	(e)  Having been convicted of a crime in any jurisdiction
220	which directly relates to the practice of building code
221	administration or inspection.
222	(f)  Making or filing a report or record that which the
223	certificateholder knew knows to be false, or knowingly inducing
224	another to file a false report or record, or knowingly failing
225	to file a report or record required by state or local law, or
226	knowingly impeding or obstructing such filing, or knowingly
227	inducing another person to impede or obstruct such filing.
228	(g)  Failing to properly enforce applicable building codes,
229	licensing, or permit requirements that the certificateholder
230	knew were applicable, or by committing willful misconduct, gross
231	negligence, gross misconduct, repeated negligence, or negligence
232	resulting in a significant danger to life or property,
233	regardless of whether the violation occurs within the employment
234	jurisdiction of the enforcement official or occurs in connection
235	with the employment of the enforcement official or outside the
236	scope of the employment of the enforcement official.
237	(h)  Issuing a building permit to a contractor, or any
238	person representing himself or herself as a contractor, without
239	obtaining the contractor's certificate or registration number,
240	where such a certificate or registration is required.
241	(i)  Failing to lawfully execute the duties and
242	responsibilities specified in this part and ss. 553.73, 553.781,
243	553.79, and 553.791.
244	(j)  Performing building code inspection services under s.
245	553.791 without satisfying the insurance requirements of that
246	section.
247	(k)  Obstructing an investigation or providing or inducing
248	another to provide forged documents, false forensic evidence, or
249	false testimony to a local or state board or member thereof or
250	to a licensing investigator.
251	(l)  Accepting labor, services, or materials for free or at
252	a noncompetitive rate from any person who performs work that may
253	be under the enforcement authority of the enforcement official
254	who is not an immediate family member of the enforcement
255	official. "Immediate family member" includes a spouse, child,
256	parent, sibling, grandparent, aunt, uncle, or first cousin of
257	the person or the person's spouse, or any person who resides in
258	the home of the enforcement official.
259	Section 7.  Subsections (5) and (6) of section 468.627,
260	Florida Statutes, are amended to read:
261	468.627  Application; examination; renewal; fees.--
262	(5)  The certificateholder shall provide proof, in a form
263	established by board rule, that the certificateholder has
264	completed at least 14 classroom hours of at least 50 minutes
265	each of continuing education courses during each biennium since
266	the issuance or renewal of the certificate, including the
267	specialized or advanced coursework approved by the Florida
268	Building Commission, as part of the Building Code Training
269	Program established pursuant to s. 553.841, appropriate to the
270	licensing category sought. A minimum of 2 of the required 14
271	classroom hours shall be on ethics relating to professional
272	standards of practice, duties, and responsibilities of the
273	certificateholder. The board shall by rule establish criteria
274	for approval of continuing education courses and providers, and
275	may by rule establish criteria for accepting alternative
276	nonclassroom continuing education on an hour-for-hour basis.
277	(6)  Each certificateholder shall provide to the board
278	proof of completion of the core curriculum courses, or passing
279	the equivalency test of the Building Code Training Program
280	established by s. 553.841, within 2 years after commencement of
281	the program. Continuing education hours spent taking such core
282	curriculum courses shall count toward the number required for
283	license renewal. A licensee who passes the equivalency test in
284	lieu of taking the core curriculum courses shall receive full
285	credit for core curriculum course hours.
286	Section 8.  Subsections (20), (21), and (22) are added to
287	section 489.105, Florida Statutes, to read:
288	489.105  Definitions.--As used in this part:
289	(20)  "Willful" means the mental state in which a person
290	commits an act knowing that, or showing reckless disregard for
291	whether, the act is prohibited under this part or does not
292	commit an act while knowing that, or showing reckless disregard
293	for whether, the act is required under this part. A person knows
294	that an act is prohibited or required if the person is aware of
295	the provision of this part that prohibits or requires the act,
296	understands the meaning of that provision, and performs the act
297	that is prohibited or fails to perform the act that is required.
298	"Willful" does not include specific intent to defraud.
299	(21)  "Knowing" or "knowingly" means the mental state in
300	which a person, with respect to information, has actual
301	knowledge of the information, acts in deliberate ignorance of
302	the truth or falsity of the information, or acts in reckless
303	disregard of the information. "Knowing" or "knowingly" does not
304	include specific intent to defraud.
305	(22)  "Reckless disregard" means the mental state in which
306	a person commits an act despite the act's being prohibited or
307	required under this part and wholly disregards the law without
308	making any reasonable effort to determine whether the act would
309	constitute a violation of this part. "Reckless disregard" does
310	not include specific intent to defraud.
311	Section 9.  Subsection (6) of section 489.115, Florida
312	Statutes, is amended and renumbered as subsection (7), present
313	subsection (7) is renumbered as subsection (8), and a new
314	subsection (6) is added to that section, to read:
315	489.115  Certification and registration; endorsement;
316	reciprocity; renewals; continuing education.--
317	(6)  An applicant for initial issuance of a certificate or
318	registration shall submit to a criminal history records check to
319	determine moral character. If the applicant has been convicted
320	of a felony, he or she shall provide documentation regarding the
321	status of his or her civil rights. The board may deny licensure
322	to an applicant who does not present proof of restoration of
323	civil rights after conviction of a felony.
324	(7)(6)  An initial applicant shall, along with the
325	application, and a certificateholder or registrant shall, upon
326	requesting a change of status, submit to the board a credit
327	report from a nationally recognized credit agency that reflects
328	the financial responsibility of the applicant or
329	certificateholder or registrant. The credit report required for
330	the initial applicant shall be considered the minimum evidence
331	necessary to satisfy the board that he or she is financially
332	responsible to be certified, has the necessary credit and
333	business reputation to engage in contracting in the state, and
334	has the minimum financial stability necessary to avoid the
335	problem of financial mismanagement or misconduct. The board
336	shall, by rule, adopt guidelines for determination of financial
337	stability, which may include minimum requirements for net worth,
338	cash, and bonding for Division I certificateholders of no more
339	than $20,000 and for Division II certificateholders of no more
340	than $10,000. Fifty percent of the financial requirements may be
341	met by completing a 14-hour financial responsibility course
342	approved by the board.
343	Section 10.  Present paragraph (d) of subsection (4) of
344	section 489.127, Florida Statutes, is redesignated as paragraph
345	(e), a new paragraph (d) is added to that subsection, and
346	paragraph (o) of subsection (5) of that section is amended, to
347	read:
348	489.127  Prohibitions; penalties.--
349	(4)
350	(d)  A certified or registered contractor or a contractor
351	authorized by a local construction licensing board may not
352	perform work for which he or she is not properly licensed,
353	subcontract to unlicensed persons to perform work that requires
354	a license, or fail to obtain required permits.
355	(5)  Each county or municipality may, at its option,
356	designate one or more of its code enforcement officers, as
357	defined in chapter 162, to enforce, as set out in this
358	subsection, the provisions of subsection (1) and s. 489.132(1)
359	against persons who engage in activity for which a county or
360	municipal certificate of competency or license or state
361	certification or registration is required.
362	(o)  Nothing in This subsection does not shall be construed
363	to authorize local jurisdictions to exercise disciplinary
364	authority, other than to issue civil citations, which are not
365	considered discipline, or procedures established in this
366	subsection against an individual holding a proper valid
367	certificate issued under pursuant to this part.
368	Section 11.  This act shall take effect July 1, 2006.

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