HB 1347

1
A bill to be entitled
2An act relating to crane operator certification; creating
3s. 489.1138, F.S.; providing definitions; requiring a
4person to be certified in order to operate a crane on
5construction projects; providing for certification
6organizations and standards; prohibiting certain
7contractors from employing crane operators without
8certification; providing penalties; providing rulemaking
9authority for the Construction Industry Licensing Board;
10authorizing persons in training for certification to
11operate cranes under direct supervision of a certified
12crane operator; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 489.1138, Florida Statutes, is created
17to read:
18     489.1138  Crane operator certification.--
19     (1)  As used in this section:
20     (a)  "Crane" means a power-operated hoisting machine used
21in construction, maintenance, demolition, or excavation work
22that has a power-operated winch, load-line, and boom moving
23laterally.
24     (b)  "Crane operator" means a person engaged in operating a
25crane.
26     (2)  To operate a crane on construction projects, a person
27shall be certified as a crane operator by the National
28Commission for the Certification of Crane Operators or any other
29organization determined by the board to offer an equivalent
30testing and certification program that meets the requirements of
31the American National Standards Institute/American Society of
32Mechanical Engineers (ANSI/ASME) current applicable standard and
33the accreditation requirements of the National Commission for
34Certifying Agencies.
35     (3)  No contractor registered or certified under this part
36may employ or contract for the services of a person for the
37purpose of operating a crane unless such person is certified
38under subsection (2).
39     (4)(a)  Any person who violates subsection (2) or
40subsection (3) commits a misdemeanor of the first degree,
41punishable as provided in s. 775.082 or s. 775.083.
42     (b)  Any person who violates subsection (2) or subsection
43(3) after having been previously found guilty of such violation
44commits a felony of the third degree, punishable as provided in
45s. 775.082 or s. 775.083.
46     (5)  In addition to the other penalties provided for in
47this section, any person licensed under this part who violates
48subsection (2) or subsection (3) is subject to discipline
49pursuant to ss. 455.227 and 489.129.
50     (6)  The board may adopt rules pursuant to ss. 120.536(1)
51and 120.54 necessary to implement the terms and conditions of
52this section.
53     (7)  Notwithstanding the certification requirements of this
54section, a person undergoing training for the purpose of
55qualifying for crane operator certification pursuant to this
56section may operate a crane if such person is under the direct
57supervision of a crane operator who holds a current and valid
58certification to operate the crane operated by such person.
59     Section 2.  This act shall take effect January 1, 2008.


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