Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2068
Barcode 943754
CHAMBER ACTION
Senate House
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04/23/2007 10:38 AM .
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11 The Committee on Regulated Industries (Haridopolos)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Effective July 1, 2008, section 489.1138,
19 Florida Statutes, is created to read:
20 489.1138 Certification of tower cranes and tower crane
21 operators.--
22 (1) DEFINITIONS.--As used in this section:
23 (a) "Tower crane" means a nonmobile, power-operated
24 hoisting machine used in construction, maintenance,
25 demolition, or excavation work that has a power-operated
26 winch, load-line, and boom moving laterally. A tower crane is
27 a temporary structure and is not subject to building codes or
28 other provisions of law, rule, or ordinance applicable to
29 permanent structures.
30 (b) "Tower crane operator" means a person engaged in
31 operating a tower crane.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2068
Barcode 943754
1 (2) CERTIFICATION OF TOWER CRANES.--A tower crane may
2 be operated in this state only if it meets the applicable
3 standards of the American National Standards
4 Institute/American Society of Mechanical Engineers (ANSI/ASME)
5 or the applicable standards of the Power Crane and Shovel
6 Association (PCSA). A tower crane meets such standards only if
7 it has been certified by an organization determined by the
8 department to offer a certification program that meets the
9 currently applicable ANSI/ASME standards or the accreditation
10 requirements of the National Commission for Certifying
11 Agencies. This subsection applies to tower cranes installed or
12 erected on or after July 1, 2008.
13 (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person
14 may operate a tower crane on a construction project only if he
15 or she is certified as a crane operator by the National
16 Commission for the Certification of Crane Operators or any
17 other organization determined by the department to offer an
18 equivalent testing and certification program that meets the
19 requirements of the ANSI/ASME current applicable standard or
20 the accreditation requirements of the National Commission for
21 Certifying Agencies.
22 (4) DUTIES OF CONTRACTORS.--A contractor registered or
23 certified under this part shall only employ or contract for
24 the services of tower crane operators who have met the
25 certification requirements of subsection (3).
26 (5) PENALTIES.--Any person licensed under this part
27 who intentionally violates subsection (2) or subsection (3) is
28 subject to discipline pursuant to ss. 455.227 and 489.129.
29 (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER
30 SUPERVISION.--Notwithstanding the certification requirements
31 of this section, a person undergoing training for the purpose
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2068
Barcode 943754
1 of qualifying for tower crane operator certification pursuant
2 to this section may operate a tower crane if the trainee is
3 under the direct supervision of a tower crane operator who
4 holds a current and valid certification to operate the tower
5 crane operated by the trainee.
6 (7) RULES.--The department may adopt rules pursuant to
7 ss. 120.536(1) and 120.54 necessary to implement this section.
8 Section 2. Section 489.1139, Florida Statutes, is
9 created to read:
10 489.1139 Preemption.--The regulation of tower cranes
11 and tower crane operators is expressly preempted to the state,
12 and a county, municipality, or other political subdivision may
13 not enact or enforce any ordinance relating to matters within
14 the scope of this section or s. 489.1138.
15 Section 3. Except as otherwise expressly provided in
16 this act, this act shall take effect upon becoming a law.
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20 And the title is amended as follows:
21 Delete everything before the enacting clause
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23 and insert:
24 A bill to be entitled
25 An act relating to the certification of tower
26 cranes and tower crane operators; creating s.
27 489.1138, F.S.; providing definitions;
28 requiring a tower crane to be certified in
29 order to be operated; requiring a person to be
30 certified in order to operate a tower crane on
31 construction projects; providing for
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10:54 AM 04/20/07 s2068d-ri26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2068
Barcode 943754
1 certification organizations and standards;
2 prohibiting certain contractors from employing
3 or contracting for the services of tower crane
4 operators without certification; providing
5 penalties; authorizing persons in training for
6 certification to operate tower cranes under
7 direct supervision of a certified tower crane
8 operator; providing rulemaking authority for
9 the Department of Business and Professional
10 Regulation; creating s. 489.1139, F.S.;
11 preempting the regulation of tower cranes and
12 tower crane operators to the state; providing
13 effective dates.
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