Senate Bill sb0404c1

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    Florida Senate - 2007                            CS for SB 404

    By the Committee on Community Affairs; and Senators Baker and
    Haridopolos




    578-2070-07

  1                      A bill to be entitled

  2         An act relating to the housing and construction

  3         industry; amending s. 468.609, F.S.; providing

  4         additional eligibility requirements for a

  5         person to take the examination for

  6         certification as a building code inspector or

  7         plans examiner; revising a reference to the

  8         organization administering certain

  9         examinations; amending s. 468.617, F.S.;

10         authorizing certain limited certificateholders

11         to provide services to specified jurisdictions;

12         amending s. 468.619, F.S.; providing for the

13         application of the building code enforcement

14         officials' bill of rights to certain

15         disciplinary investigations and proceedings;

16         amending s. 468.621, F.S.; providing for

17         disciplinary proceedings for violations

18         involving failure to follow building code or

19         permit requirements, obstructing an

20         investigation, and accepting services at a

21         noncompetitive rate from any person whose work

22         is under the enforcement authority of the

23         official, under certain circumstances; amending

24         s. 468.627, F.S.; providing requirements for

25         continuing education in ethics; requiring a new

26         certificateholder to provide proof of

27         completion of certain curriculum courses;

28         removing provisions relating to an option of

29         taking an equivalency test in lieu of taking

30         core curriculum classes; amending s. 489.115,

31         F.S.; requiring applicants for initial issuance

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    Florida Senate - 2007                            CS for SB 404
    578-2070-07




 1         of a certificate or registration as a

 2         contractor to submit to criminal history

 3         records checks; requiring the Department of

 4         Business and Professional Regulation to submit

 5         the requests for criminal history records check

 6         to the Department of Law Enforcement; requiring

 7         the Department of Law Enforcement to return the

 8         results to the department; authorizing the

 9         Construction Industry Licensing Board to deny

10         licensure to certain applicants; specifying

11         matters the board must consider concerning

12         licensure; prohibiting the denial of licensure

13         based solely on a felony conviction or the

14         status of the civil rights of the applicant;

15         specifying that guidelines for determining

16         financial stability may include minimum

17         requirements for net worth, cash, and bonding;

18         providing that a portion of financial

19         requirements may be met by completing specified

20         coursework; creating s. 553.382, F.S.;

21         authorizing the placement of residential

22         manufactured buildings that are certified by

23         the Department of Community Affairs on certain

24         mobile home lots; providing for application of

25         state law governing mobile home park lot

26         tenancies to any such housing unit placed on a

27         mobile home lot; requiring the written approval

28         of the owner of a mobile home park before the

29         placement of any such housing unit on a mobile

30         home lot; providing for taxation of such

31         housing units as mobile homes; providing for

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    Florida Senate - 2007                            CS for SB 404
    578-2070-07




 1         payments to the Florida Mobile Home Relocation

 2         Trust Fund under certain circumstances;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Subsection (2) and paragraph (a) of

 8  subsection (5) of section 468.609, Florida Statutes, are

 9  amended to read:

10         468.609  Administration of this part; standards for

11  certification; additional categories of certification.--

12         (2)  A person may take the examination for

13  certification as a building code inspector or plans examiner

14  pursuant to this part if the person:

15         (a)  Is at least 18 years of age.

16         (b)  Is of good moral character.

17         (c)  Meets eligibility requirements according to one of

18  the following criteria:

19         1.  Demonstrates 5 years' combined experience in the

20  field of construction or a related field, building code

21  inspection, or plans review corresponding to the certification

22  category sought;

23         2.  Demonstrates a combination of postsecondary

24  education in the field of construction or a related field and

25  experience which totals 4 years, with at least 1 year of such

26  total being experience in construction, building code

27  inspection, or plans review;

28         3.  Demonstrates a combination of technical education

29  in the field of construction or a related field and experience

30  which totals 4 years, with at least 1 year of such total being

31  

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    Florida Senate - 2007                            CS for SB 404
    578-2070-07




 1  experience in construction, building code inspection, or plans

 2  review; or

 3         4.  Currently holds a standard certificate as issued by

 4  the board and satisfactorily completes a building code

 5  inspector or plans examiner training program of not less than

 6  200 hours in the certification category sought. The board

 7  shall establish by rule criteria for the development and

 8  implementation of the training programs; or.

 9         5.  Demonstrates a combination of the completion of an

10  approved training program in the field of building codes

11  inspection or plan review and a minimum of 2 years' experience

12  in the field of building codes inspection, plan review, fire

13  code inspections and fire plans review of new buildings as a

14  fire safety inspector certified under s. 633.081(2), or

15  construction. The approved training portion of this

16  requirement shall include proof of satisfactory completion of

17  a training program of not less than 300 hours which is

18  approved by the board in the chosen category of building codes

19  inspection or plan review in the certification category sought

20  with not less than 20 hours of instruction in state laws,

21  rules, and ethics relating to professional standards of

22  practice, duties, and responsibilities of a certificateholder.

23  The board shall coordinate with the Building Officials

24  Association of Florida, Inc., to establish by rule the

25  development and implementation of the training program.

26         (d)  After the Building Code Training Program is

27  established under s. 553.841, demonstrates successful

28  completion of the core curriculum approved by the Florida

29  Building Commission, appropriate to the licensing category

30  sought.

31  

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    Florida Senate - 2007                            CS for SB 404
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 1         (5)(a)  To obtain a standard certificate, an individual

 2  must pass an examination approved by the board which

 3  demonstrates that the applicant has fundamental knowledge of

 4  the state laws and codes relating to the construction of

 5  buildings for which the applicant has building code

 6  administration, plans examination, or building code inspection

 7  responsibilities.  It is the intent of the Legislature that

 8  the examination approved for certification pursuant to this

 9  part be substantially equivalent to the examinations

10  administered by the International Code Council Southern

11  Building Code Congress International and the Council of

12  American Building Officials.

13         Section 2.  Subsection (4) is added to section 468.617,

14  Florida Statutes, to read:

15         468.617  Joint building code inspection department;

16  other arrangements.--

17         (4)  Nothing in this part prohibits any building code

18  inspector, plans examiner, or building code administrator

19  holding a limited certificate who is employed by a

20  jurisdiction within a small county as defined in s. 339.2818

21  from providing building code inspection, plans review, or

22  building code administration services to another jurisdiction

23  within a small county.

24         Section 3.  Subsection (10) is added to section

25  468.619, Florida Statutes, to read:

26         468.619  Building code enforcement officials' bill of

27  rights.--

28         (10)  This bill of rights applies to disciplinary

29  investigations and proceedings against licenses issued under

30  this part and disciplinary investigations and proceedings

31  relating to the official duties of an enforcement official.

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    Florida Senate - 2007                            CS for SB 404
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 1  This bill of rights does not apply to disciplinary

 2  investigations and proceedings against other licenses that the

 3  enforcement official holds or disciplinary investigations and

 4  proceedings unrelated to the enforcement official's official

 5  duties.

 6         Section 4.  Paragraphs (f) and (g) of subsection (1) of

 7  section 468.621, Florida Statutes, are amended, and paragraphs

 8  (k) and (l) are added to that subsection, to read:

 9         468.621  Disciplinary proceedings.--

10         (1)  The following acts constitute grounds for which

11  the disciplinary actions in subsection (2) may be taken:

12         (f)  Making or filing a report or record that which the

13  certificateholder knows to be false, or knowingly inducing

14  another to file a false report or record, or knowingly failing

15  to file a report or record required by state or local law, or

16  knowingly impeding or obstructing such filing, or knowingly

17  inducing another person to impede or obstruct such filing.

18         (g)  Failing to properly enforce applicable building

19  codes or permit requirements within this state which the

20  certificateholder knows are applicable or by committing

21  willful misconduct, gross negligence, gross misconduct,

22  repeated negligence, or negligence resulting in a significant

23  danger to life or property.

24         (k)  Obstructing an investigation or providing or

25  inducing another to provide forged documents, false forensic

26  evidence, or false testimony to a local or state board or

27  member thereof or to a licensing investigator.

28         (l)  Accepting labor, services, or materials at no

29  charge or at a noncompetitive rate from any person who

30  performs work that is under the enforcement authority of the

31  enforcement official and who is not an immediate family member

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    Florida Senate - 2007                            CS for SB 404
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 1  of the enforcement official. The term "immediate family

 2  member" includes a spouse, child, parent, sibling,

 3  grandparent, aunt, uncle, or first cousin of the person or the

 4  person's spouse or any person who resides in the primary

 5  residence of the enforcement official.

 6         Section 5.  Subsections (5) and (6) of section 468.627,

 7  Florida Statutes, are amended to read:

 8         468.627  Application; examination; renewal; fees.--

 9         (5)  The certificateholder shall provide proof, in a

10  form established by board rule, that the certificateholder has

11  completed at least 14 classroom hours of at least 50 minutes

12  each of continuing education courses during each biennium

13  since the issuance or renewal of the certificate, including

14  the specialized or advanced coursework approved by the Florida

15  Building Commission, as part of the Building Code Training

16  Program established pursuant to s. 553.841, appropriate to the

17  licensing category sought. A minimum of 3 of the required 14

18  classroom hours must be on state law, rules, and ethics

19  relating to professional standards of practice, duties, and

20  responsibilities of the certificateholder. The board shall by

21  rule establish criteria for approval of continuing education

22  courses and providers, and may by rule establish criteria for

23  accepting alternative nonclassroom continuing education on an

24  hour-for-hour basis.

25         (6)  Each certificateholder shall provide to the board

26  proof of completion of the core curriculum courses, or passing

27  the equivalency test of the Building Code Training Program

28  established by s. 553.841, within 2 years after commencement

29  of the program. Each new certificateholder shall provide to

30  the board proof of completion of the core curriculum courses

31  of the building code training program established in s.

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    Florida Senate - 2007                            CS for SB 404
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 1  553.841 within the first 2-year period after initial

 2  licensure. Continuing education hours spent taking such core

 3  curriculum courses shall count toward the number required for

 4  license renewal. A licensee who passes the equivalency test in

 5  lieu of taking the core curriculum courses shall receive full

 6  credit for core curriculum course hours.

 7         Section 6.  Present subsection (6) of section 489.115,

 8  Florida Statutes, is renumbered as subsection (7) and amended,

 9  present subsection (7) of that section is renumbered as

10  subsection (8), and a new subsection (6) is added to that

11  section, to read:

12         489.115  Certification and registration; endorsement;

13  reciprocity; renewals; continuing education.--

14         (6)  An applicant for initial issuance of a certificate

15  or registration shall submit to a statewide criminal history

16  records check through the Department of Law Enforcement. The

17  Department of Business and Professional Regulation shall

18  submit the requests for the criminal history records check to

19  the Department of Law Enforcement for state processing, and

20  the Department of Law Enforcement shall return the results to

21  the department to determine if the applicant meets

22  certification or registration requirements. If the applicant

23  has been convicted of a felony, the board may deny licensure

24  to the applicant based upon the severity of the crime, the

25  relationship of the crime to contracting, or the potential for

26  public harm. The board shall also, in denying or approving

27  licensure, consider the length of time since the commission of

28  the crime and the rehabilitation of the applicant. The board

29  may not deny licensure to an applicant based solely upon a

30  felony conviction or the applicant's failure to provide proof

31  of restoration of civil rights.

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    Florida Senate - 2007                            CS for SB 404
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 1         (7)(6)  An initial applicant shall, along with the

 2  application, and a certificateholder or registrant shall, upon

 3  requesting a change of status, submit to the board a credit

 4  report from a nationally recognized credit agency that

 5  reflects the financial responsibility of the applicant or

 6  certificateholder or registrant.  The credit report required

 7  for the initial applicant shall be considered the minimum

 8  evidence necessary to satisfy the board that he or she is

 9  financially responsible to be certified, has the necessary

10  credit and business reputation to engage in contracting in the

11  state, and has the minimum financial stability necessary to

12  avoid the problem of financial mismanagement or misconduct.

13  The board shall, by rule, adopt guidelines for determination

14  of financial stability, which may include minimum requirements

15  for net worth, cash, and bonding for Division I

16  certificateholders of no more than $20,000 and for Division II

17  certificateholders of no more than $10,000. Fifty percent of

18  the financial requirements may be met by completing a 14-hour

19  financial responsibility course approved by the board.

20         Section 7.  Section 553.382, Florida Statutes, is

21  created to read:

22         553.382  Placement of certain housing.--Notwithstanding

23  any other law or ordinance to the contrary, in order to expand

24  the availability of affordable housing in this state, any

25  residental manufactured building that is certified under this

26  chapter by the Department of Community Affairs may be placed

27  on a mobile home lot in a mobile home park, recreational

28  vehicle park, or mobile home condominium, cooperative, or

29  subdivision. Any such housing unit placed on a mobile home lot

30  is a mobile home for purposes of chapter 723 and, therefore,

31  all rights, obligations, and duties under chapter 723 apply,

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    Florida Senate - 2007                            CS for SB 404
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 1  including the specifics of the prospectus. However, a housing

 2  unit subject to this section may not be placed on a mobile

 3  home lot without the prior written approval of the park owner.

 4  Each housing unit subject to this section shall be taxed as a

 5  mobile home under s. 320.08(11) and is subject to payments to

 6  the Florida Mobile Home Relocation Fund under s. 723.06116.

 7         Section 8.  This act shall take effect July 1, 2007.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 404

11                                 

12  The committee substitute expands the availability of
    affordable housing by allowing the placement of residential
13  manufactured buildings on mobile home lots in mobile home
    parks, recreational vehicle parks, or mobile home
14  condominiums, cooperatives, or subdivisions. Residential
    manufactured housing units may not be placed on a mobile home
15  lot without the written consent of the mobile home park owner.
    Each residential manufactured housing unit placed on a mobile
16  home lot must be taxed as a mobile home and may be subject to
    payments to the Florida Mobile Home Relocation Fund.
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