Florida Senate - 2013                                     SB 346
       By Senator Soto
       14-00269-13                                            2013346__
    1                        A bill to be entitled                      
    2         An act relating to electrical contracting; amending s.
    3         489.537, F.S.; authorizing municipalities and counties
    4         to require that the electrical journeyman who is
    5         present on certain industrial or commercial
    6         construction sites possess a certificate of
    7         competency; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   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 performed
   17  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 electrical journeyman, who
   59  possesses a certificate of competency issued by the municipality
   60  or county conditioned upon the journeyman’s passage of a
   61  competency examination is a graduate of the Institute of Applied
   62  Technology in Construction Excellence or licensed pursuant to s.
   63  489.5335, be present on an industrial or commercial new
   64  construction site with a facility of 5,000 50,000 gross square
   65  feet or more when electrical work in excess of 98 77 volts is
   66  being performed in order to supervise or perform such work,
   67  except as provided in s. 489.503.
   68         Section 2. This act shall take effect July 1, 2013.