CS/HB 727

1
A bill to be entitled
2An act relating to the housing and construction industry;
3amending s. 468.609, F.S.; providing additional
4eligibility requirements for a person to take the
5examination for certification as a building code inspector
6or plans examiner; revising a reference to the
7organization administering certain examinations; amending
8s. 468.617, F.S.; authorizing certain limited
9certificateholders to provide services to specified
10jurisdictions; amending s. 468.619, F.S.; providing for
11the application of the building code enforcement
12officials' bill of rights to certain disciplinary
13investigations and proceedings; amending s. 468.621, F.S.;
14providing for disciplinary proceedings for violations
15involving failure to follow building code or permit
16requirements, obstructing an investigation, accepting
17services at a noncompetitive rate from any person whose
18work is under the enforcement authority of the official,
19under certain circumstances, or engaging in contracting
20while employed by certain governmental entities as a code
21enforcement official; amending s. 468.627, F.S.; providing
22requirements for continuing education in ethics; requiring
23a new certificateholder to provide proof of completion of
24certain curriculum courses; removing provisions relating
25to an option of taking an equivalency test in lieu of
26taking core curriculum classes; amending s. 489.113, F.S.;
27prohibiting the prevention of a licensed engineer or
28architect from certain contracting activity; providing
29requirements for local code enforcement agencies relating
30to plans prepared by certain persons; defining the term
31"master design manual"; providing requirements regarding
32the preparation of such manuals; amending s. 489.115,
33F.S.; requiring applicants for initial issuance of a
34certificate or registration as a contractor to submit to
35criminal history records checks; requiring the Department
36of Business and Professional Regulation to submit the
37requests for criminal history records check to the
38Department of Law Enforcement; requiring the Department of
39Law Enforcement to return the results to the Department of
40Business and Professional Regulation; authorizing the
41Construction Industry Licensing Board to deny licensure to
42certain applicants; specifying matters the board must
43consider concerning licensure; prohibiting the denial of
44licensure based solely on a felony conviction or the
45status of the civil rights of the applicant; specifying
46that guidelines for determining financial stability may
47include minimum requirements for net worth, cash, and
48bonding; providing that a portion of financial
49requirements may be met by completing specified
50coursework; creating s. 553.382, F.S.; authorizing the
51placement of residential manufactured buildings that are
52certified by the Department of Community Affairs on
53certain mobile home lots; providing requirements for such
54placement; providing for taxation of such housing units as
55mobile homes; providing for payments to the Florida Mobile
56Home Relocation Trust Fund under certain circumstances;
57exempting certain existing warehouses from requirements in
58the Florida Building Code concerning fire protection under
59certain conditions; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Subsection (2) and paragraph (a) of subsection
64(5) of section 468.609, Florida Statutes, are amended to read:
65     468.609  Administration of this part; standards for
66certification; additional categories of certification.--
67     (2)  A person may take the examination for certification as
68a building code inspector or plans examiner pursuant to this
69part if the person:
70     (a)  Is at least 18 years of age.
71     (b)  Is of good moral character.
72     (c)  Meets eligibility requirements according to one of the
73following criteria:
74     1.  Demonstrates 5 years' combined experience in the field
75of construction or a related field, building code inspection, or
76plans review corresponding to the certification category sought;
77     2.  Demonstrates a combination of postsecondary education
78in the field of construction or a related field and experience
79which totals 4 years, with at least 1 year of such total being
80experience in construction, building code inspection, or plans
81review;
82     3.  Demonstrates a combination of technical education in
83the field of construction or a related field and experience
84which totals 4 years, with at least 1 year of such total being
85experience in construction, building code inspection, or plans
86review; or
87     4.  Currently holds a standard certificate as issued by the
88board and satisfactorily completes a building code inspector or
89plans examiner training program of not less than 200 hours in
90the certification category sought. The board shall establish by
91rule criteria for the development and implementation of the
92training programs; or.
93     5.  Demonstrates a combination of the completion of an
94approved training program in the field of building codes
95inspection or plans review and a minimum of 2 years' experience
96in the field of building codes inspection, plans review, fire
97code inspections and fire plans review of new buildings as a
98fire safety inspector certified under s. 633.081(2), or
99construction. The approved training portion of this requirement
100shall include proof of satisfactory completion of a training
101program of not less than 300 hours which is approved by the
102board in the chosen category of building codes inspection or
103plans review in the certification category sought with not less
104than 20 hours of instruction in state laws, rules, and ethics
105relating to professional standards of practice, duties, and
106responsibilities of a certificateholder. The board shall
107coordinate with the Building Officials Association of Florida,
108Inc., to establish by rule the development and implementation of
109the training program.
110     (d)  After the Building Code Training Program is
111established under s. 553.841, demonstrates successful completion
112of the core curriculum approved by the Florida Building
113Commission, appropriate to the licensing category sought.
114     (5)(a)  To obtain a standard certificate, an individual
115must pass an examination approved by the board which
116demonstrates that the applicant has fundamental knowledge of the
117state laws and codes relating to the construction of buildings
118for which the applicant has building code administration, plans
119examination, or building code inspection responsibilities. It is
120the intent of the Legislature that the examination approved for
121certification pursuant to this part be substantially equivalent
122to the examinations administered by the International Code
123Council Southern Building Code Congress International and the
124Council of American Building Officials.
125     Section 2.  Subsection (4) is added to section 468.617,
126Florida Statutes, to read:
127     468.617  Joint building code inspection department; other
128arrangements.--
129     (4)  Nothing in this part prohibits any building code
130inspector, plans examiner, or building code administrator
131holding a limited certificate who is employed by a jurisdiction
132within a small county as defined in s. 339.2818 from providing
133building code inspection, plans review, or building code
134administration services to another jurisdiction within a small
135county.
136     Section 3.  Subsection (10) is added to section 468.619,
137Florida Statutes, to read:
138     468.619  Building code enforcement officials' bill of
139rights.--
140     (10)  This bill of rights applies to disciplinary
141investigations and proceedings against licenses issued under
142this part and disciplinary investigations and proceedings
143relating to the official duties of an enforcement official. This
144bill of rights does not apply to disciplinary investigations and
145proceedings against other licenses that the enforcement official
146holds or disciplinary investigations and proceedings unrelated
147to the enforcement official's official duties.
148     Section 4.  Paragraphs (f) and (g) of subsection (1) of
149section 468.621, Florida Statutes, are amended, and paragraphs
150(k), (l), and (m) are added to that subsection, to read:
151     468.621  Disciplinary proceedings.--
152     (1)  The following acts constitute grounds for which the
153disciplinary actions in subsection (2) may be taken:
154     (f)  Making or filing a report or record that which the
155certificateholder knows to be false, or knowingly inducing
156another to file a false report or record, or knowingly failing
157to file a report or record required by state or local law, or
158knowingly impeding or obstructing such filing, or knowingly
159inducing another person to impede or obstruct such filing.
160     (g)  Failing to properly enforce applicable building codes
161or permit requirements within this state which the
162certificateholder knows are applicable or by committing willful
163misconduct, gross negligence, gross misconduct, repeated
164negligence, or negligence resulting in a significant danger to
165life or property.
166     (k)  Obstructing an investigation or providing or inducing
167another to provide forged documents, false forensic evidence, or
168false testimony to a local or state board or member thereof or
169to a licensing investigator.
170     (l)  Accepting labor, services, or materials at no charge
171or at a noncompetitive rate from any person who performs work
172that is under the enforcement authority of the enforcement
173official and who is not an immediate family member of the
174enforcement official. The term "immediate family member"
175includes a spouse, child, parent, sibling, grandparent, aunt,
176uncle, or first cousin of the person or the person's spouse or
177any person who resides in the primary residence of the
178enforcement official.
179     (m)  Engaging in contracting as defined in s. 489.105(6)
180while employed by a state agency or local government as a
181building code enforcement official or enforcement official as
182defined in s. 468.603(8).
183     Section 5.  Subsections (5) and (6) of section 468.627,
184Florida Statutes, are amended to read:
185     468.627  Application; examination; renewal; fees.--
186     (5)  The certificateholder shall provide proof, in a form
187established by board rule, that the certificateholder has
188completed at least 14 classroom hours of at least 50 minutes
189each of continuing education courses during each biennium since
190the issuance or renewal of the certificate, including the
191specialized or advanced coursework approved by the Florida
192Building Commission, as part of the Building Code Training
193Program established pursuant to s. 553.841, appropriate to the
194licensing category sought. A minimum of 3 of the required 14
195classroom hours must be on state law, rules, and ethics relating
196to professional standards of practice, duties, and
197responsibilities of the certificateholder. The board shall by
198rule establish criteria for approval of continuing education
199courses and providers, and may by rule establish criteria for
200accepting alternative nonclassroom continuing education on an
201hour-for-hour basis.
202     (6)  Each certificateholder shall provide to the board
203proof of completion of the core curriculum courses, or passing
204the equivalency test of the Building Code Training Program
205established by s. 553.841, within 2 years after commencement of
206the program. Each new certificateholder shall provide to the
207board proof of completion of the core curriculum courses of the
208building code training program established in s. 553.841 within
209the first 2-year period after initial licensure. Continuing
210education hours spent taking such core curriculum courses shall
211count toward the number required for license renewal. A licensee
212who passes the equivalency test in lieu of taking the core
213curriculum courses shall receive full credit for core curriculum
214course hours.
215     Section 6.  Subsection (9) of section 489.113, Florida
216Statutes, is amended to read:
217     489.113  Qualifications for practice; restrictions.--
218     (9)(a)  Nothing in This part shall not shall be construed
219to prevent any contractor from acting as a prime contractor
220where the majority of the work to be performed under the
221contract is within the scope of his or her license or and from
222subcontracting to other licensed contractors that remaining work
223which is part of the project contracted.
224     (b)1.  This part, chapter 471, chapter 481, or any other
225provision of law shall not:
226     a.  Prevent any licensed engineer or architect from
227contracting directly with a licensed contractor for the
228preparation of plans, specifications, or a master design manual
229addressing structural designs used to make an application for
230building permits.
231     b.  Require a licensed engineer or architect, when
232preparing drawings, specifications, plans, or master design
233manuals for use by any licensed contractor, to prepare site-
234specific drawings, specifications, or plans for the design and
235construction of single-family and two-family dwellings; swimming
236pools, spas, or screened enclosures; or any other structure not
237exceeding 1,200 square feet or one story in height. For the
238purpose of issuing building permits, local building officials
239shall accept such drawings, specifications, or plans when
240submitted by any licensed contractor. Upon good cause shown,
241local government code enforcement agencies may accept or reject
242plans prepared by persons licensed under chapter 471, chapter
243481, or this chapter.
244     2.  As used in this paragraph, the term "master design
245manual" means a restrictive design manual intended to be used to
246design, permit, and construct structures as described in this
247section. Any such manual must be prepared by a licensed engineer
248or architect and specifically detail the limits of its use,
249including, but not limited to, the structure type, size,
250materials, loading conditions, time limits, applicable codes,
251and associated criteria. The manual must also detail the
252required training for the contractor, engineer, or architect
253using the manual. All master design manuals must be peer
254reviewed by an independent licensed engineer or architect having
255no financial interest in the development of the manual or the
256construction of structures pursuant to the manual. The engineer
257or architect conducting the peer review must be identified in
258the manual.
259     (c)  Notwithstanding anything in this chapter or any other
260provision of law, a licensed engineer or architect is not
261required for the preparation or use of any design guide adopted
262by the Florida Building Commission as part of the building code
263pursuant to s. 553.73.
264     Section 7.  Present subsection (6) of section 489.115,
265Florida Statutes, is renumbered as subsection (7) and amended,
266present subsection (7) of that section is renumbered as
267subsection (8), and a new subsection (6) is added to that
268section, to read:
269     489.115  Certification and registration; endorsement;
270reciprocity; renewals; continuing education.--
271     (6)  An applicant for initial issuance of a certificate or
272registration shall submit to a statewide criminal history
273records check through the Department of Law Enforcement. The
274Department of Business and Professional Regulation shall submit
275the requests for the criminal history records check to the
276Department of Law Enforcement for state processing, and the
277Department of Law Enforcement shall return the results to the
278Department of Business and Professional Regulation to determine
279whether the applicant meets certification or registration
280requirements. If the applicant has been convicted of a felony,
281the board may deny licensure to the applicant based upon the
282severity of the crime, the relationship of the crime to
283contracting, or the potential for public harm. The board shall
284also, in denying or approving licensure, consider the length of
285time since the commission of the crime and the rehabilitation of
286the applicant. The board may not deny licensure to an applicant
287based solely upon a felony conviction or the applicant's failure
288to provide proof of restoration of civil rights.
289     (7)(6)  An initial applicant shall, along with the
290application, and a certificateholder or registrant shall, upon
291requesting a change of status, submit to the board a credit
292report from a nationally recognized credit agency that reflects
293the financial responsibility of the applicant or
294certificateholder or registrant. The credit report required for
295the initial applicant shall be considered the minimum evidence
296necessary to satisfy the board that he or she is financially
297responsible to be certified, has the necessary credit and
298business reputation to engage in contracting in the state, and
299has the minimum financial stability necessary to avoid the
300problem of financial mismanagement or misconduct. The board
301shall, by rule, adopt guidelines for determination of financial
302stability, which may include minimum requirements for net worth,
303cash, and bonding for Division I certificateholders of no more
304than $20,000 and for Division II certificateholders of no more
305than $10,000. Fifty percent of the financial requirements may be
306met by completing a 14-hour financial responsibility course
307approved by the board.
308     Section 8.  Section 553.382, Florida Statutes, is created
309to read:
310     553.382  Placement of certain housing.--Notwithstanding any
311other law or ordinance to the contrary, in order to expand the
312availability of affordable housing in this state, any
313residential manufactured building that is certified under this
314chapter by the Department of Community Affairs may be placed on
315a mobile home lot in a mobile home park, recreational vehicle
316park, or mobile home condominium, cooperative, or subdivision.
317Any such housing unit placed on a mobile home lot is a mobile
318home for purposes of chapter 723 and, therefore, all rights,
319obligations, and duties under chapter 723 apply, including the
320specifics of the prospectus. However, a housing unit subject to
321this section may not be placed on a mobile home lot without the
322prior written approval of the park owner. Each housing unit
323subject to this section shall be taxed as a mobile home under s.
324320.08(11) and is subject to payments to the Florida Mobile Home
325Relocation Fund under s. 723.06116.
326     Section 9.  If a warehouse existing in this state on the
327effective date of this act is expanded, the addition must comply
328with the requirements in chapter 9 of the Florida Building Code;
329however, the existing warehouse need not be updated to meet
330those requirements so long as it is in compliance with the
331Florida Building Code, 2001 edition, and with requirements
332concerning automatic sprinkler systems in section 903 of the
333Florida Building Code.
334     Section 10.  This act shall take effect July 1, 2007.


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