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