Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1262
       
       
       
       
       
       
                                Ì608978jÎ608978                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       The Committee on Regulated Industries (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (4) of section
    6  489.115, Florida Statutes, is amended to read:
    7         489.115 Certification and registration; endorsement;
    8  reciprocity; renewals; continuing education.—
    9         (4)
   10         (b)1. Each certificateholder or registrant shall provide
   11  proof, in a form established by rule of the board, that the
   12  certificateholder or registrant has completed at least 14
   13  classroom hours of at least 50 minutes each of continuing
   14  education courses during each biennium since the issuance or
   15  renewal of the certificate or registration. The board shall
   16  establish by rule that a portion of the required 14 hours must
   17  deal with the subject of workers’ compensation, business
   18  practices, workplace safety, financial literacy and basic
   19  consumer protection principles relating to construction fraud,
   20  construction contractual agreements, deposit and escrow
   21  requirements, homeowner rights, and, for applicable licensure
   22  categories, wind mitigation methodologies, and 1 hour of which
   23  must deal with laws and rules. The board shall by rule establish
   24  criteria for the approval of continuing education courses and
   25  providers, including requirements relating to the content of
   26  courses and standards for approval of providers, and may by rule
   27  establish criteria for accepting alternative nonclassroom
   28  continuing education on an hour-for-hour basis. The board shall
   29  prescribe by rule the continuing education, if any, which is
   30  required during the first biennium of initial licensure. A
   31  person who has been licensed for less than an entire biennium
   32  must not be required to complete the full 14 hours of continuing
   33  education.
   34         2. In addition, the board may approve specialized
   35  continuing education courses on compliance with the wind
   36  resistance provisions for one and two family dwellings contained
   37  in the Florida Building Code and any alternate methodologies for
   38  providing such wind resistance which have been approved for use
   39  by the Florida Building Commission. Division I
   40  certificateholders or registrants who demonstrate proficiency
   41  upon completion of such specialized courses may certify plans
   42  and specifications for one and two family dwellings to be in
   43  compliance with the code or alternate methodologies, as
   44  appropriate, except for dwellings located in floodways or
   45  coastal hazard areas as defined in ss. 60.3D and E of the
   46  National Flood Insurance Program.
   47         3. The board shall require, by rule adopted pursuant to ss.
   48  120.536(1) and 120.54, a specified number of hours in
   49  specialized or advanced module courses, approved by the Florida
   50  Building Commission, on any portion of the Florida Building
   51  Code, adopted pursuant to part IV of chapter 553, relating to
   52  the contractor’s respective discipline.
   53         Section 2. Section 489.1285, Florida Statutes, is created
   54  to read:
   55         489.1285 Disciplinary forms.
   56         (1) The department shall create and adopt by rule a
   57  standardized disciplinary form to be used by each local
   58  construction regulation board to uniformly report a violation of
   59  this part to the department. The department shall create the
   60  standardized disciplinary form and publish a notice of proposed
   61  rule pursuant to s. 120.54(3)(a) by July 1, 2026.
   62         (2)(a) Upon adoption of the standardized disciplinary form
   63  by the department, each local construction regulation board
   64  shall use the form when reporting any disciplinary action to the
   65  department. The department shall record each submitted form in
   66  the automated information system created under s. 455.2286.
   67         (b) Each local construction regulation board shall search
   68  the automated information system for any recorded disciplinary
   69  forms before issuing a license or registration under this part.
   70         (3) By December 1, 2026, each local construction regulation
   71  board shall submit to the department a report regarding the
   72  board’s implementation of this section.
   73         Section 3. Present subsections (4), (5), and (6) of section
   74  489.126, Florida Statutes, are redesignated as subsections (5),
   75  (6), and (7), respectively, a new subsection (4) is added to
   76  that section, and paragraph (a) of subsection (3) of that
   77  section is amended, to read:
   78         489.126 Moneys received by contractors.—
   79         (3)(a) A contractor who receives money for repair,
   80  restoration, addition, improvement, or construction of
   81  residential real property in excess of the value of the work
   82  performed may not fail or refuse to perform any work for any 90
   83  day period or for any period that is mutually agreed upon and
   84  specified in the contract. After such period, and except where
   85  the contract expressly allows the contractor to continue his or
   86  her temporary suspension or delay of work, or where the owner
   87  has materially breached the contract, the contractor must work
   88  without unreasonable delay to complete the project and must
   89  provide, within 10 days after receipt of a written request, a
   90  schedule for completion. Nothing herein shall prevent the
   91  contractor from collecting additional compensation for
   92  demobilization, remobilization, acceleration, cost of materials,
   93  or any other cost, damage, or fee caused by the temporary
   94  suspension or delay if the temporary suspension or delay was
   95  caused by the owner, an act of God, a declaration of a state of
   96  emergency issued by the Governor which impacts construction of
   97  the project, or a governmental order and if the contract
   98  entitles the contractor to such compensation.
   99         (4)(a)If a consumer provides a deposit to a licensed
  100  contractor for a construction project and subsequently cancels
  101  the project, and the contract between the parties does not
  102  contain a provision relating to rescission of such contract, the
  103  contractor must return the deposit within 30 days after
  104  cancellation. The contractor may retain any portion of the
  105  deposit which has been spent on the project before the
  106  cancellation request, provided that a detailed statement of such
  107  expenditures is given to the consumer.
  108         (b)Failure by the contractor to return the balance of
  109  unused funds or to provide a statement of expenditures within
  110  the specified period will subject the contractor to disciplinary
  111  action, including such action described in s. 489.129(1).
  112         Section 4. Present subsections (3) through (6) of section
  113  489.127, Florida Statutes, are redesignated as subsections (4)
  114  through (7), respectively, and a new subsection (3) is added to
  115  that section, and subsection (1) of that section is republished
  116  to read:
  117         489.127 Prohibitions; penalties.—
  118         (1) No person shall:
  119         (a) Falsely hold himself or herself or a business
  120  organization out as a licensee, certificateholder, or
  121  registrant;
  122         (b) Falsely impersonate a certificateholder or registrant;
  123         (c) Present as his or her own the certificate or
  124  registration of another;
  125         (d) Knowingly give false or forged evidence to the board or
  126  a member thereof;
  127         (e) Use or attempt to use a certificate or registration
  128  that has been suspended or revoked;
  129         (f) Engage in the business or act in the capacity of a
  130  contractor or advertise himself or herself or a business
  131  organization as available to engage in the business or act in
  132  the capacity of a contractor without being duly registered or
  133  certified;
  134         (g) Operate a business organization engaged in contracting
  135  after 60 days following the termination of its only qualifying
  136  agent without designating another primary qualifying agent,
  137  except as provided in ss. 489.119 and 489.1195;
  138         (h) Commence or perform work for which a building permit is
  139  required pursuant to part IV of chapter 553 without such
  140  building permit being in effect; or
  141         (i) Willfully or deliberately disregard or violate any
  142  municipal or county ordinance relating to uncertified or
  143  unregistered contractors.
  144  
  145  For purposes of this subsection, a person or business
  146  organization operating on an inactive or suspended certificate
  147  or registration is not duly certified or registered and is
  148  considered unlicensed. A business tax receipt issued under the
  149  authority of chapter 205 is not a license for purposes of this
  150  part.
  151         (3) A person who violates paragraph (1)(a), paragraph
  152  (1)(b), or paragraph (1)(c) and takes money from a consumer who
  153  reasonably relied on such falsification commits:
  154         (a) A felony of the third degree, punishable as provided in
  155  s. 775.082, s. 775.083, or s. 775.084, if the total money
  156  exchanged is more than $1,000 but less than $20,000.
  157         (b) A felony of the second degree, punishable as provided
  158  in s. 775.082, s. 775.083, or s. 775.084, if the total money
  159  exchanged is $20,000 or more but less than $200,000.
  160         (c) A felony of the first degree, punishable as provided in
  161  s. 775.082, s. 775.083, or s. 775.084, if the total money
  162  exchanged is $200,000 or more.
  163         (d)A felony of the third degree, punishable as provided in
  164  s. 775.082 or s. 775.083, if such person is unlicensed and
  165  commits the violation during a state of emergency declared by
  166  executive order of the Governor.
  167         Section 5. Subsection (13) is added to section 489.129,
  168  Florida Statutes, to read:
  169         489.129 Disciplinary proceedings.—
  170         (13) The local construction regulation board shall submit a
  171  standardized disciplinary form pursuant to s. 489.1285 for any
  172  disciplinary action taken against any certificateholder or
  173  registrant, including, but not limited to, placement on
  174  probation or reprimand of the licensee; revocation, suspension,
  175  or denial of issuance or renewal of the certificate or
  176  registration; an order of payment of financial restitution to a
  177  consumer for financial harm directly related to a violation of a
  178  provision of this part; imposition of an administrative fine; an
  179  order to take continuing education courses; or assessment of
  180  costs associated with investigation and prosecution.
  181         Section 6. Paragraph (f) of subsection (5) of section
  182  489.119, Florida Statutes, is amended to read:
  183         489.119 Business organizations; qualifying agents.—
  184         (5)
  185         (f) In addition to any other penalty prescribed by law, a
  186  local government may impose a civil fine pursuant to s.
  187  489.127(6) s. 489.127(5) against a person who is not certified
  188  or registered under this part if the person:
  189         1. Claims to be licensed in any offer of services, business
  190  proposal, bid, contract, or advertisement, but does not possess
  191  a valid competency-based license issued by a local government in
  192  this state to perform the specified construction services; or
  193         2. Claims to be insured in any offer of services, business
  194  proposal, bid, contract, or advertisement, but whose performance
  195  of the subject work is not covered by a general liability or
  196  workers’ compensation insurance policy.
  197         Section 7. Paragraph (c) of subsection (6) of section
  198  489.131, Florida Statutes, is amended to read:
  199         489.131 Applicability.—
  200         (6)
  201         (c) Each local board or agency that licenses contractors
  202  must transmit quarterly to the board a report of any
  203  disciplinary action taken against contractors and of any
  204  administrative or disciplinary action taken against unlicensed
  205  persons for engaging in the business or acting in the capacity
  206  of a contractor including any cease and desist orders issued
  207  pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.
  208  489.127(6) s. 489.127(5).
  209         Section 8. For the purpose of incorporating the amendment
  210  made by this act to section 489.115, Florida Statutes, in a
  211  reference thereto, paragraph (a) of subsection (4) of section
  212  489.517, Florida Statutes, is reenacted to read:
  213         489.517 Renewal of certificate or registration; continuing
  214  education.—
  215         (4)(a) If a certificateholder or registrant holds a license
  216  under both this part and part I and is required to have
  217  continuing education courses under s. 489.115(4)(b)1., the
  218  certificateholder or registrant may apply those course hours for
  219  workers’ compensation, workplace safety, and business practices
  220  obtained under part I to the requirements under this part.
  221         Section 9. For the purpose of incorporating the amendment
  222  made by this act to section 489.115, Florida Statutes, in a
  223  reference thereto, subsection (18) of section 553.79, Florida
  224  Statutes, is reenacted to read:
  225         553.79 Permits; applications; issuance; inspections.—
  226         (18) Certifications by contractors authorized under the
  227  provisions of s. 489.115(4)(b) shall be considered equivalent to
  228  sealed plans and specifications by a person licensed under
  229  chapter 471 or chapter 481 by local enforcement agencies for
  230  plans review for permitting purposes relating to compliance with
  231  the wind resistance provisions of the code or alternate
  232  methodologies approved by the commission for one and two family
  233  dwellings. Local enforcement agencies may rely upon such
  234  certification by contractors that the plans and specifications
  235  submitted conform to the requirements of the code for wind
  236  resistance. Upon good cause shown, local government code
  237  enforcement agencies may accept or reject plans sealed by
  238  persons licensed under chapter 471, chapter 481, or chapter 489.
  239  A truss-placement plan is not required to be signed and sealed
  240  by an engineer or architect unless prepared by an engineer or
  241  architect or specifically required by the Florida Building Code.
  242         Section 10. This act shall take effect July 1, 2025.
  243  
  244  ================= T I T L E  A M E N D M E N T ================
  245  And the title is amended as follows:
  246         Delete everything before the enacting clause
  247  and insert:
  248                        A bill to be entitled                      
  249         An act relating to construction contracting; amending
  250         s. 489.115, F.S.; requiring that a portion of the 14
  251         classroom hours required for the contractor
  252         certificateholder’s or registrant’s continuing
  253         education relate to financial literacy and basic
  254         consumer protection principles; creating s. 489.1285,
  255         F.S.; requiring the Department of Business and
  256         Professional Regulation to create and adopt by a date
  257         certain a standardized disciplinary form for a certain
  258         purpose; requiring local construction regulation
  259         boards to use such standardized disciplinary form when
  260         reporting any disciplinary action to the department;
  261         requiring the department to record each submitted form
  262         in a specified automated information system; requiring
  263         each local construction regulation board to search the
  264         automated information system for recorded disciplinary
  265         forms before issuing a license or registration under
  266         this part; requiring each local construction
  267         regulation board to submit a specified report by a
  268         date certain; amending s. 489.126, F.S.; requiring a
  269         contractor who has received money for the repair,
  270         restoration, addition, improvement, or construction of
  271         residential real property in excess of the value of
  272         the work to work without unreasonable delay to
  273         complete the project after a specified timeframe and
  274         to provide a schedule for completion of the project
  275         within a specified timeframe upon request; authorizing
  276         a contractor to collect additional compensation under
  277         certain circumstances; requiring a contractor to
  278         return a consumer’s deposit within a specified
  279         timeframe under certain circumstances; authorizing the
  280         contractor to retain a portion of such deposit under
  281         certain circumstances; providing for disciplinary
  282         action against a contractor under certain
  283         circumstances; amending s. 489.127, F.S.; providing
  284         penalties; amending s. 489.129, F.S.; requiring the
  285         local construction regulation board to submit a
  286         standardized disciplinary form under certain
  287         circumstances; amending ss. 489.119 and 489.131, F.S.;
  288         conforming cross-references; reenacting ss.
  289         489.517(4)(a) and 553.79(18), F.S., relating to
  290         continuing education for renewal of certificate or
  291         registration and permits, respectively, to incorporate
  292         the amendment made to s. 489.115, F.S., in references
  293         thereto; providing an effective date.