HB 0423CS

CHAMBER ACTION



1The Transportation & Economic Development Appropriations
2Committee recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to professional regulation by the
8Department of Business and Professional Regulation;
9amending s. 468.385, F.S.; providing for the submittal and
10processing of fingerprints for background checks of
11applicants for licensure as an auctioneer; requiring the
12applicant to bear the cost of processing fingerprints and
13conducting the background check; amending s. 468.603,
14F.S.; providing definitions; amending s. 468.609, F.S.;
15providing eligibility requirements for a person to take
16the examination for certification as a building code
17inspector or plans examiner; revising a reference to the
18organization administering certain examinations; amending
19s. 468.617, F.S.; authorizing certain limited
20certificateholders to provide services to specified
21jurisdictions; amending s. 468.619, F.S.; providing for
22the application of the building code enforcement
23officials' bill of rights to certain disciplinary
24investigations and proceedings; amending s. 468.621, F.S.;
25providing for disciplinary proceedings for violations
26involving failure to follow building code, licensing, or
27permit requirements, obstructing an investigation, and
28accepting services at a noncompetitive rate from any
29person whose work may be under the enforcement authority
30of the official, under certain circumstances; amending s.
31468.627, F.S.; providing requirements for continuing
32education in ethics; removing provisions relating to an
33option of taking an equivalency test in lieu of taking
34core curriculum classes; amending s. 489.105, F.S.;
35providing definitions; amending s. 489.115, F.S.;
36requiring applicants for initial issuance of a certificate
37or registration as a contractor to submit to criminal
38history records checks; requiring certain applicants for a
39certificate or registration to provide documentation
40regarding the status of civil rights; authorizing the
41board to deny licensure to certain applicants; specifying
42that guidelines for determining financial stability may
43include minimum requirements for net worth, cash, and
44bonding; authorizing a portion of financial requirements
45to be met by completing specified coursework; amending s.
46489.127, F.S.; revising a provision that prohibits local
47jurisdictions from exercising disciplinary authority
48against certificateholders; providing an effective date.
49
50     WHEREAS, the state licenses and regulates the construction
51industry for the benefit of its citizens in order to protect
52their health, safety, and welfare, and
53     WHEREAS, it is critical to the health, safety, and welfare
54of the public that the laws enacted by the Legislature relating
55to construction permitting enforcement of the Florida Building
56Code and licensing of the industry be implemented and enforced,
57and
58     WHEREAS, it is critical that the public be able to place
59their trust in the public officials who are charged with
60enforcement of those laws and codes, and
61     WHEREAS, in order for enforcement officials, licensing
62investigators, local and state regulatory boards, and their
63supporting legal staff to perform licensing and disciplinary
64functions, they must have the enabling legislation and authority
65to do so, NOW, THEREFORE,
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Subsection (4) of section 468.385, Florida
70Statutes, is amended to read:
71     468.385  Licenses required; qualifications; examination.--
72     (4)(a)  Any person seeking a license as an auctioneer must
73pass a written examination approved by the board which tests his
74or her general knowledge of the laws of this state relating to
75provisions of the Uniform Commercial Code that are relevant to
76auctions, the laws of agency, and the provisions of this act.
77     (b)  Any person seeking a license as an auctioneer shall
78file a complete set of fingerprints for a criminal history
79record check. Fingerprints shall be taken in a manner approved
80by the board and shall be submitted electronically to the
81Department of Law Enforcement for state processing. The
82Department of Law Enforcement shall forward the fingerprints to
83the Federal Bureau of Investigation for national processing. The
84results of the criminal history record check shall be returned
85to the board for purposes of screening. The cost of processing
86fingerprints and conducting a criminal history record check
87shall be borne by the applicant for licensure.
88     Section 2.  Subsections (9), (10), and (11) are added to
89section 468.603, Florida Statutes, to read:
90     468.603  Definitions.--As used in this part:
91     (9)  "Willful" means the mental state in which a person
92commits an act knowing that, or showing reckless disregard for
93whether, the act is prohibited under this part or does not
94commit an act while knowing that, or showing reckless disregard
95for whether, the act is required under this part. A person knows
96that an act is prohibited or required if the person is aware of
97the provision of this part that prohibits or requires the act,
98understands the meaning of that provision, and performs the act
99that is prohibited or fails to perform the act that is required.
100"Willful" does not include specific intent to defraud.
101     (10)  "Knowing" or "knowingly" means the mental state in
102which a person, with respect to information, has actual
103knowledge of the information, acts in deliberate ignorance of
104the truth or falsity of the information, or acts in reckless
105disregard of the information. "Knowing" or "knowingly" does not
106include specific intent to defraud.
107     (11)  "Reckless disregard" means the mental state in which
108a person commits an act despite the act's being prohibited or
109required under this part and wholly disregards the law without
110making any reasonable effort to determine whether the act would
111constitute a violation of this part. "Reckless disregard" does
112not include specific intent to defraud.
113     Section 3.  Subsection (2) and paragraph (a) of subsection
114(5) of section 468.609, Florida Statutes, are amended to read:
115     468.609  Administration of this part; standards for
116certification; additional categories of certification.--
117     (2)  A person may take the examination for certification as
118a building code inspector or plans examiner pursuant to this
119part if the person:
120     (a)  Is at least 18 years of age.
121     (b)  Is of good moral character.
122     (c)  Meets eligibility requirements according to one of the
123following criteria:
124     1.  Demonstrates 5 years' combined experience in the field
125of construction or a related field, building code inspection, or
126plans review corresponding to the certification category sought;
127     2.  Demonstrates a combination of postsecondary education
128in the field of construction or a related field and experience
129which totals 4 years, with at least 1 year of such total being
130experience in construction, building code inspection, or plans
131review;
132     3.  Demonstrates a combination of technical education in
133the field of construction or a related field and experience
134which totals 4 years, with at least 1 year of such total being
135experience in construction, building code inspection, or plans
136review; or
137     4.  Currently holds a standard certificate as issued by the
138board and satisfactorily completes a building code inspector or
139plans examiner training program of not less than 200 hours in
140the certification category sought. The board shall establish by
141rule criteria for the development and implementation of the
142training programs;.
143     5.  Demonstrates a combination of technical education in
144the field of building code inspection or plans review and
145experience which totals 2 years, with at least 1 year of such
146total being experience in construction, building code
147inspection, or plans review. The technical education portion of
148this requirement shall require proof of satisfactory completion
149of a technical education program of not fewer than 400 hours in
150the chosen category of building code inspection or plans review
151in the certification category sought with not fewer than 20
152hours of the technical education program covering ethics and
153professional standards. The board shall coordinate with the
154Building Officials Association of Florida, Inc., to establish by
155rule the development and implementation of the technical
156education programs; or
157     6.  Has completed, at a minimum, an associate degree
158program in Construction Management from an accredited
159institution with a major in Building Code Administration.
160     (d)  After the Building Code Training Program is
161established under s. 553.841, demonstrates successful completion
162of the core curriculum approved by the Florida Building
163Commission, appropriate to the licensing category sought.
164     (5)(a)  To obtain a standard certificate, an individual
165must pass an examination approved by the board which
166demonstrates that the applicant has fundamental knowledge of the
167state laws and codes relating to the construction of buildings
168for which the applicant has building code administration, plans
169examination, or building code inspection responsibilities. It is
170the intent of the Legislature that the examination approved for
171certification pursuant to this part be substantially equivalent
172to the examinations administered by the International Code
173Council Southern Building Code Congress International and the
174Council of American Building Officials.
175     Section 4.  Subsection (4) is added to section 468.617,
176Florida Statutes, to read:
177     468.617  Joint building code inspection department; other
178arrangements.--
179     (4)  Nothing in this part shall prohibit any building code
180inspector, plans examiner, or building code administrator
181holding a limited certificate who is employed by a jurisdiction
182within a statutorily defined small county to provide building
183code inspection, plans review, or building code administration
184services to another jurisdiction within a statutorily defined
185small county.
186     Section 5.  Subsection (10) is added to section 468.619,
187Florida Statutes, to read:
188     468.619  Building code enforcement officials' bill of
189rights.--
190     (10)  This bill of rights applies to disciplinary
191investigations and proceedings against licenses issued under
192this part and disciplinary investigations and proceedings
193relating to the official duties of an enforcement official. This
194bill of rights does not apply to disciplinary investigations and
195proceedings against other licenses that the enforcement official
196holds or disciplinary investigations and proceedings unrelated
197to the enforcement official's official duties.
198     Section 6.  Subsection (1) of section 468.621, Florida
199Statutes, is amended to read:
200     468.621  Disciplinary proceedings.--
201     (1)  The following acts constitute grounds for which the
202disciplinary actions in subsection (2) may be taken:
203     (a)  Violating or failing to comply with any provision of
204this part, or a valid rule or lawful order of the board or
205department pursuant thereto.
206     (b)  Obtaining certification through fraud, deceit, or
207perjury.
208     (c)  Knowingly assisting any person practicing contrary to
209the provisions of:
210     1.  This part; or
211     2.  The building code adopted by the enforcement authority
212of that person.
213     (d)  Having been convicted of a felony against this state
214or the United States, or of a felony in another state that would
215have been a felony had it been committed in this state.
216     (e)  Having been convicted of a crime in any jurisdiction
217which directly relates to the practice of building code
218administration or inspection.
219     (f)  Making or filing a report or record that which the
220certificateholder knew knows to be false, or knowingly inducing
221another to file a false report or record, or knowingly failing
222to file a report or record required by state or local law, or
223knowingly impeding or obstructing such filing, or knowingly
224inducing another person to impede or obstruct such filing.
225     (g)  Failing to properly enforce applicable building codes,
226licensing, or permit requirements that the certificateholder
227knew were applicable, or by committing willful misconduct, gross
228negligence, gross misconduct, repeated negligence, or negligence
229resulting in a significant danger to life or property,
230regardless of whether the violation occurs within the employment
231jurisdiction of the enforcement official or occurs in connection
232with the employment of the enforcement official or outside the
233scope of the employment of the enforcement official.
234     (h)  Issuing a building permit to a contractor, or any
235person representing himself or herself as a contractor, without
236obtaining the contractor's certificate or registration number,
237where such a certificate or registration is required.
238     (i)  Failing to lawfully execute the duties and
239responsibilities specified in this part and ss. 553.73, 553.781,
240553.79, and 553.791.
241     (j)  Performing building code inspection services under s.
242553.791 without satisfying the insurance requirements of that
243section.
244     (k)  Obstructing an investigation or providing or inducing
245another to provide forged documents, false forensic evidence, or
246false testimony to a local or state board or member thereof or
247to a licensing investigator.
248     (l)  Accepting labor, services, or materials for free or at
249a noncompetitive rate from any person who performs work that may
250be under the enforcement authority of the enforcement official
251who is not an immediate family member of the enforcement
252official. "Immediate family member" includes a spouse, child,
253parent, sibling, grandparent, aunt, uncle, or first cousin of
254the person or the person's spouse, or any person who resides in
255the home of the enforcement official.
256     Section 7.  Subsections (5) and (6) of section 468.627,
257Florida Statutes, are amended to read:
258     468.627  Application; examination; renewal; fees.--
259     (5)  The certificateholder shall provide proof, in a form
260established by board rule, that the certificateholder has
261completed at least 14 classroom hours of at least 50 minutes
262each of continuing education courses during each biennium since
263the issuance or renewal of the certificate, including the
264specialized or advanced coursework approved by the Florida
265Building Commission, as part of the Building Code Training
266Program established pursuant to s. 553.841, appropriate to the
267licensing category sought. A minimum of 2 of the required 14
268classroom hours shall be on ethics relating to professional
269standards of practice, duties, and responsibilities of the
270certificateholder. The board shall by rule establish criteria
271for approval of continuing education courses and providers, and
272may by rule establish criteria for accepting alternative
273nonclassroom continuing education on an hour-for-hour basis.
274     (6)  Each certificateholder shall provide to the board
275proof of completion of the core curriculum courses, or passing
276the equivalency test of the Building Code Training Program
277established by s. 553.841, within 2 years after commencement of
278the program. Continuing education hours spent taking such core
279curriculum courses shall count toward the number required for
280license renewal. A licensee who passes the equivalency test in
281lieu of taking the core curriculum courses shall receive full
282credit for core curriculum course hours.
283     Section 8.  Subsections (20), (21), and (22) are added to
284section 489.105, Florida Statutes, to read:
285     489.105  Definitions.--As used in this part:
286     (20)  "Willful" means the mental state in which a person
287commits an act knowing that, or showing reckless disregard for
288whether, the act is prohibited under this part or does not
289commit an act while knowing that, or showing reckless disregard
290for whether, the act is required under this part. A person knows
291that an act is prohibited or required if the person is aware of
292the provision of this part that prohibits or requires the act,
293understands the meaning of that provision, and performs the act
294that is prohibited or fails to perform the act that is required.
295"Willful" does not include specific intent to defraud.
296     (21)  "Knowing" or "knowingly" means the mental state in
297which a person, with respect to information, has actual
298knowledge of the information, acts in deliberate ignorance of
299the truth or falsity of the information, or acts in reckless
300disregard of the information. "Knowing" or "knowingly" does not
301include specific intent to defraud.
302     (22)  "Reckless disregard" means the mental state in which
303a person commits an act despite the act's being prohibited or
304required under this part and wholly disregards the law without
305making any reasonable effort to determine whether the act would
306constitute a violation of this part. "Reckless disregard" does
307not include specific intent to defraud.
308     Section 9.  Subsection (6) of section 489.115, Florida
309Statutes, is amended and renumbered as subsection (7), present
310subsection (7) is renumbered as subsection (8), and a new
311subsection (6) is added to that section, to read:
312     489.115  Certification and registration; endorsement;
313reciprocity; renewals; continuing education.--
314     (6)  An applicant for initial issuance of a certificate or
315registration shall submit to a criminal history records check to
316determine moral character. If the applicant has been convicted
317of a felony, he or she shall provide documentation regarding the
318status of his or her civil rights. The board may deny licensure
319to an applicant who does not present proof of restoration of
320civil rights after conviction of a felony.
321     (7)(6)  An initial applicant shall, along with the
322application, and a certificateholder or registrant shall, upon
323requesting a change of status, submit to the board a credit
324report from a nationally recognized credit agency that reflects
325the financial responsibility of the applicant or
326certificateholder or registrant. The credit report required for
327the initial applicant shall be considered the minimum evidence
328necessary to satisfy the board that he or she is financially
329responsible to be certified, has the necessary credit and
330business reputation to engage in contracting in the state, and
331has the minimum financial stability necessary to avoid the
332problem of financial mismanagement or misconduct. The board
333shall, by rule, adopt guidelines for determination of financial
334stability, which may include minimum requirements for net worth,
335cash, and bonding for Division I certificateholders of no more
336than $20,000 and for Division II certificateholders of no more
337than $10,000. Fifty percent of the financial requirements may be
338met by completing a 14-hour financial responsibility course
339approved by the board.
340     Section 10.  Paragraph (o) of subsection (5) of section
341489.127, Florida Statutes, is amended to read:
342     489.127  Prohibitions; penalties.--
343     (5)  Each county or municipality may, at its option,
344designate one or more of its code enforcement officers, as
345defined in chapter 162, to enforce, as set out in this
346subsection, the provisions of subsection (1) and s. 489.132(1)
347against persons who engage in activity for which a county or
348municipal certificate of competency or license or state
349certification or registration is required.
350     (o)  Nothing in This subsection does not shall be construed
351to authorize local jurisdictions to exercise disciplinary
352authority, other than to issue civil citations, which are not
353considered discipline, or procedures established in this
354subsection against an individual holding a proper valid
355certificate issued under pursuant to this part.
356     Section 11.  This act shall take effect July 1, 2006.


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