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A bill to be entitled

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An act relating to tower crane and tower crane operator

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certification; creating s. 489.1138, F.S.; providing

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definitions; requiring a tower crane to be certified in

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order to be operated; requiring a person to be certified

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in order to operate a tower crane on construction

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projects; providing for certification organizations and

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standards; prohibiting certain contractors from employing

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or contracting for the services of tower crane operators

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without certification; providing penalties; authorizing

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persons in training for certification to operate tower

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cranes under direct supervision of a certified tower crane

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operator; providing rulemaking authority for the

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Department of Business and Professional Regulation;

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creating s. 489.1139, F.S.; preempting the regulation of

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tower cranes and tower crane operators to the state;

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providing an effective date.

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

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     Section 1.  Section 489.1138, Florida Statutes, is created

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to read:

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     489.1138 Certification of tower cranes and tower crane

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operators.--

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     (1) DEFINITIONS.--As used in this section, the term:

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     (a) "Tower crane" means a nonmobile, power-operated

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hoisting machine used in construction, maintenance, demolition,

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or excavation work which has a power-operated winch, load-line,

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and boom moving laterally. A tower crane is a temporary structure

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and is not subject to building codes or other provisions of law,

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rule, or ordinance applicable to permanent structures.

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     (b) "Tower crane operator" means a person engaged in

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operating a tower crane.

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     (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be

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operated in this state only if it meets the applicable standards

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of the American National Standards Institute/American Society of

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Mechanical Engineers (ANSI/ASME) or the applicable standards of

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the Power Crane and Shovel Association. A tower crane is deemed

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to meet such standards only if it has been certified by an

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organization determined by the department to offer a

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certification program that meets the currently applicable

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ANSI/ASME standards or the accreditation requirements of the

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National Commission for Certifying Agencies. This subsection

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applies to tower cranes installed or erected on or after July 1,

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2008.

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     (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person may

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operate a tower crane on a construction project only if he or she

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is certified as a crane operator by the National Commission for

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the Certification of Crane Operators or any other organization

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determined by the department to offer an equivalent testing and

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certification program that meets the requirements of the

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ANSI/ASME current applicable standard or the accreditation

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requirements of the National Commission for Certifying Agencies.

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     (4) DUTIES OF CONTRACTORS.--A contractor registered or

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certified under this part shall only employ or contract for the

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services of tower crane operators who have met the certification

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requirements of subsection (3).

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     (5) PENALTIES.--Any person licensed under this part who

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intentionally violates subsection (2) or subsection (3) is

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subject to discipline pursuant to ss. 455.227 and 489.129.

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     (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER

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SUPERVISION.--Notwithstanding the certification requirements of

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this section, a person undergoing training for the purpose of

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qualifying for tower crane operator certification pursuant to

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this section may operate a tower crane if such person is under

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the direct supervision of a tower crane operator who holds a

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current and valid certification to operate the tower crane

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operated by such person.

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     (7) RULES.--The department may adopt rules pursuant to ss.

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120.536(1) and 120.54 necessary to administer this section.

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     Section 2.  Section 489.1139, Florida Statutes, is created

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to read:

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     489.1139 Preemption.--The regulation of tower cranes and

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tower crane operators is expressly preempted to the state, and no

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county, municipality, or other political subdivision shall enact

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or enforce any ordinance relating to matters within the scope of

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this section and s. 489.1138.

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     Section 3.  This act shall take effect July 1, 2008.