1 | A bill to be entitled |
2 | An act relating to electrical contracting; amending s. |
3 | 489.537, F.S.; revising the authority of |
4 | municipalities and counties to require that certain |
5 | licensed electricians be present on certain industrial |
6 | or commercial construction sites; providing an |
7 | effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Subsection (3) of section 489.537, Florida |
12 | Statutes, is amended to read: |
13 | 489.537 Application of this part.- |
14 | (3) Nothing in This part does not limit act limits the |
15 | power of a municipality or county: |
16 | (a) To regulate the quality and character of work |
17 | performed by contractors through a system of permits, fees, and |
18 | inspections which is designed to secure compliance with, and aid |
19 | in the implementation of, state and local building laws or to |
20 | enforce other local laws for the protection of the public health |
21 | and safety. However, a certified alarm system contractor or |
22 | certified electrical contractor is not subject to any additional |
23 | certification or licensure requirements that are not required by |
24 | this part. |
25 | (b) To collect fees for business tax receipts and |
26 | inspections for engaging in contracting or examination fees from |
27 | persons who are registered with the local boards pursuant to |
28 | local examination requirements. |
29 | (c) To adopt any system of permits requiring submission to |
30 | and approval by the municipality or county of plans and |
31 | specifications for work to be performed by contractors before |
32 | commencement of the work. |
33 | (d) To require one bond for each electrical contractor in |
34 | an amount not to exceed $5,000, which bond shall be conditioned |
35 | only upon compliance with the Florida Building Code adopted |
36 | pursuant to s. 553.73. Any such bond must be equally available |
37 | to all electrical contractors without regard to the period of |
38 | time an electrical contractor has been certified or registered |
39 | and without regard to any financial responsibility requirements. |
40 | Any such bonds shall be payable to the Governor and filed in |
41 | each county or municipality in which a building permit is |
42 | requested. Bond reciprocity shall be granted statewide. All such |
43 | bonds shall be included in meeting any financial responsibility |
44 | requirements imposed by any statute or rule. |
45 | (e)1. To refuse to issue permits or issue permits with |
46 | specific conditions to a contractor who has committed multiple |
47 | violations, when he or she has been disciplined for each of them |
48 | by the board and when each disciplinary action has involved |
49 | revocation or suspension of a license, imposition of an |
50 | administrative fine of at least $1,000, or probation. |
51 | 2. To issue permits with specific conditions to a |
52 | contractor who, within the previous 12 months, has had final |
53 | action taken against him or her, by the department or by a local |
54 | board or agency which licenses contractors and has reported the |
55 | action pursuant to paragraph (5)(c), for engaging in the |
56 | business or acting in the capacity of a contractor without a |
57 | license. |
58 | (f) To require that one licensed electrician electrical |
59 | journeyman, who possesses a certificate of competency issued by |
60 | the municipality or county conditioned upon the electrician's |
61 | passage of a competency examination is a graduate of the |
62 | Institute of Applied Technology in Construction Excellence or |
63 | licensed pursuant to s. 489.5335, be present on an industrial or |
64 | commercial new construction site with a facility of 5,000 50,000 |
65 | gross square feet or more when electrical work in excess of 98 |
66 | 77 volts is being performed in order to supervise or perform |
67 | such work, except as provided in s. 489.503. Local governments |
68 | may require compliance with this paragraph as part of any |
69 | construction bid or contract to ensure public safety, control |
70 | projects cost, and limit additional regulation. |
71 | Section 2. This act shall take effect July 1, 2012. |