CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________
  5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  Representative(s) Ogles, J. Miller, Stansel, Wasserman
12  Schultz, and Ritchie offered the following:
13
14         Amendment (with title amendment) 
15         On page 16, line 9,
16  remove from the bill:  all of said line
17
18  and insert in lieu thereof:
19         Section 11.  Effective upon this act becoming a law,
20  the Office of Program Policy Analysis and Government
21  Accountability (OPPAGA), in consultation with the Legislative
22  Committee on Intergovernmental Relations, shall:
23         (1)  Conduct a study of construction retainage methods
24  for public and private construction within the state of
25  Florida.  OPPAGA shall examine all relevant information,
26  including, but not limited to the following:
27         (a)  Information from various state and local
28  governmental entities, public universities, and community
29  colleges within the state of Florida.
30         (b)  Information from the federal government and other
31  states who have addressed construction payment or retainage
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  issues, including states that are of comparable size to the
  2  state of Florida or that have a comparable amount of public or
  3  private construction activity as the state of Florida.
  4         (c)  Information from public and private owners,
  5  general contractors, subcontractors, material suppliers,
  6  construction managers, design-build professionals, architects,
  7  and engineers.
  8         (d)  Information from lenders and surety companies who
  9  are involved in public and private construction.
10         (2)  Draw conclusions and make recommendations, as
11  appropriate, with regard to the following issues:
12         (a)  Whether the state should adopt new laws or modify
13  existing laws to address the specific issues set forth below,
14  and whether any existing statutes will require modification or
15  repeal.
16         (b)  The positive and negative impacts of the current
17  systems of retainage being utilized throughout the state as
18  applied to public sector and private sector construction
19  contracts, and as between owners and contractors, between
20  contractors and subcontractors, and between subcontractors and
21  subcontractor.
22         (c)  Whether the traditional 10 percent retainage
23  practice in construction is equitable and whether there are
24  viable alternatives to this practice.
25         (d)  What may be an appropriate percentage of retainage
26  to be held on all construction projects.
27         (e)  What the purposes of retainage are for
28  construction projects.
29         (f)  Whether it is appropriate to hold all retainage
30  until the end of a construction project or whether periodic
31  release of retainage or release of retainage for specific
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  divisions of work on a construction project is appropriate and
  2  reasonably manageable.
  3         (g)  What protections are currently in place for owners
  4  to insure that construction projects are progressing in a
  5  satisfactory manner, including, but not limited to, project
  6  management techniques, periodic inspections, services of
  7  project architects and engineers, and whether those
  8  protections are being adequately and properly utilized.
  9         (h)  What protections are currently in place or could
10  be adopted for owners, contractors, and subcontractors through
11  the utilization of construction payment and performance bonds.
12         (i)  Whether the documentation required for
13  construction projects contributes to delays in progress
14  payments, final payments, and release of retainage; whether
15  such requirements could be simplified or standardized to
16  streamline the process; and whether it is appropriate for the
17  Legislature to address this issue.
18         (j)  Whether the Legislature should limit the
19  percentage of retainage that can be held on public and private
20  construction projects.
21         (k)  Whether the Legislature should provide for
22  periodic release of retainage on public and private
23  construction projects.
24         (l)  Whether the Legislature should establish
25  requirements and time limits for owners and contractors to
26  release final payment and retainage on all construction
27  projects.
28         (3)  OPPAGA shall present a report of its findings and
29  recommendations to the President of the Senate, the Speaker of
30  the House of Representatives, minority leaders of the Senate
31  and House of Representatives, and chairs of the House Business
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  Regulation & Consumer Affairs Committee and the Senate
  2  Regulated Industries Committee by January 1, 2001.
  3         Section 12.  Effective January 1, 2001, subsection (1)
  4  of section 399.13, Florida Statutes, is amended to read:
  5         399.13  Delegation of authority to municipalities or
  6  counties.--
  7         (1)  The division may enter into contracts with
  8  municipalities or counties under which such municipalities or
  9  counties will issue construction permits, temporary operation
10  permits, and certificates of operation; will provide
11  inspection of elevators; and will enforce the applicable
12  provisions of the Florida Building Elevator Safety Code, as
13  required by this chapter.  Each such agreement shall include a
14  provision that the municipality or county shall maintain for
15  inspection by the division copies of all applications for
16  permits issued, a copy of each inspection report issued, and
17  proper records showing the number of certificates of operation
18  issued; shall include a provision that each required
19  inspection be conducted by the holder of a certificate of
20  competency issued by the division; and may include such other
21  provisions as the division deems necessary.
22         Section 13.  Subsections (2) and (6) of section
23  468.603, Florida Statutes, are amended, and subsection (8) is
24  added to said section, to read:
25         468.603  Definitions.--As used in this part:
26         (2)  "Building code inspector" or "inspector" means any
27  of those employees of local governments or state agencies with
28  building construction regulation responsibilities who
29  themselves conduct inspections of building construction,
30  erection, repair, addition, or alteration projects that
31  require permitting indicating compliance with building,
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  plumbing, mechanical, electrical, gas, fire prevention,
  2  energy, accessibility, and other construction codes as
  3  required by state law or municipal or county ordinance.
  4         (6)  "Categories of building code inspectors" include
  5  the following:
  6         (a)  "Building inspector" means a person who is
  7  qualified to inspect and determine that buildings and
  8  structures are constructed in accordance with the provisions
  9  of the governing building codes and state accessibility laws.
10         (b)  "Coastal construction inspector" means a person
11  who is qualified to inspect and determine that buildings and
12  structures are constructed to resist near-hurricane and
13  hurricane velocity winds in accordance with the provisions of
14  the governing building code.
15         (c)  "Commercial electrical inspector" means a person
16  who is qualified to inspect and determine the electrical
17  safety of commercial buildings and structures by inspecting
18  for compliance with the provisions of the National Electrical
19  Code.
20         (d)  "Residential electrical inspector" means a person
21  who is qualified to inspect and determine the electrical
22  safety of one and two family dwellings and accessory
23  structures by inspecting for compliance with the applicable
24  provisions of the governing electrical code.
25         (e)  "Mechanical inspector" means a person who is
26  qualified to inspect and determine that the mechanical
27  installations and systems for buildings and structures are in
28  compliance with the provisions of the governing mechanical
29  code.
30         (f)  "Plumbing inspector" means a person who is
31  qualified to inspect and determine that the plumbing
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  installations and systems for buildings and structures are in
  2  compliance with the provisions of the governing plumbing code.
  3         (g)  "One and two family dwelling inspector" means a
  4  person who is qualified to inspect and determine that one and
  5  two family dwellings and accessory structures are constructed
  6  in accordance with the provisions of the governing building,
  7  plumbing, mechanical, accessibility, and electrical codes.
  8         (h)  "Electrical inspector" means a person who is
  9  qualified to inspect and determine the electrical safety of
10  commercial and residential buildings and accessory structures
11  by inspecting for compliance with the provisions of the
12  National Electrical Code.
13         (8)  "Building code enforcement official" or
14  "enforcement official" means a licensed building code
15  administrator, building code inspector, or plans examiner.
16         Section 14.  Section 468.604, Florida Statutes, is
17  amended to read:
18         468.604  Responsibilities of building code
19  administrators, plans examiners, and building code
20  inspectors.--
21         (1)  It is the responsibility of the building code
22  administrator or building official to administrate, supervise,
23  direct, enforce, or perform the permitting and inspection of
24  construction, alteration, repair, remodeling, or demolition of
25  structures and the installation of building systems within the
26  boundaries of their governmental jurisdiction, when permitting
27  is required, to ensure compliance with building, plumbing,
28  mechanical, electrical, gas fuel, energy conservation,
29  accessibility, and other construction codes which are required
30  or adopted by municipal code, county ordinance, or state law.
31  The building code administrator or building official shall
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  faithfully perform these responsibilities without interference
  2  from any person. These responsibilities include:
  3         (a)  The review of construction plans to ensure
  4  compliance with all applicable codes. The construction plans
  5  must be reviewed before the issuance of any building, system
  6  installation, or other construction permit. The review of
  7  construction plans must be done by the building code
  8  administrator or building official or by a person having the
  9  appropriate plans examiner license issued under this chapter.
10         (b)  The inspection of each phase of construction where
11  a building or other construction permit has been issued. The
12  building code administrator or building official, or a person
13  having the appropriate building code inspector license issued
14  under this chapter, shall inspect the construction or
15  installation to ensure that the work is performed in
16  accordance with applicable codes.
17         (2)  It is the responsibility of the building code
18  inspector to conduct inspections of construction, alteration,
19  repair, remodeling, or demolition of structures and the
20  installation of building systems, when permitting is required,
21  to ensure compliance with building, plumbing, mechanical,
22  electrical, gas fuel, energy conservation, accessibility, and
23  other construction codes required by municipal code, county
24  ordinance, or state law. Each building code inspector must be
25  licensed in the appropriate category as defined in s. 468.603.
26  The building code inspector's responsibilities must be
27  performed under the direction of the building code
28  administrator or building official without interference from
29  any unlicensed person.
30         (3)  It is the responsibility of the plans examiner to
31  conduct review of construction plans submitted in the permit
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  application to assure compliance with all applicable codes
  2  required by municipal code, county ordinance, or state law.
  3  The review of construction plans must be done by the building
  4  code administrator or building official or by a person
  5  licensed in the appropriate plans examiner category as defined
  6  in s. 468.603. The plans examiner's responsibilities must be
  7  performed under the supervision and authority of the building
  8  code administrator or building official without interference
  9  from any unlicensed person.
10         Section 15.  Paragraph (c) of subsection (2) of section
11  468.605, Florida Statutes, is amended to read:
12         468.605  Florida Building Code Administrators and
13  Inspectors Board.--
14         (2)  The board shall consist of nine members, as
15  follows:
16         (c)  Two members serving as building code inspectors.
17
18  None of the board members described in paragraph (a) or
19  paragraph (f) may be an employee of a municipal, county, or
20  state governmental agency.
21         Section 16.  Section 468.607, Florida Statutes, is
22  amended to read:
23         468.607  Certification of building code administration
24  and inspection personnel.--The board shall issue a certificate
25  to any individual whom the board determines to be qualified,
26  within such class and level as provided in this part and with
27  such limitations as the board may place upon it.  No person
28  may be employed by a state agency or local governmental
29  authority to perform the duties of a building code
30  administrator, plans examiner, or building code inspector
31  after October 1, 1993, without possessing the proper valid
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  certificate issued in accordance with the provisions of this
  2  part.
  3         Section 17.  Section 468.609, Florida Statutes, is
  4  amended to read:
  5         468.609  Administration of this part; standards for
  6  certification; additional categories of certification.--
  7         (1)  Except as provided in this part, any person who
  8  desires to be certified shall apply to the board, in writing
  9  upon forms approved and furnished by the board, to take the
10  certification examination.
11         (2)  A person shall be entitled to take the examination
12  for certification as a building code an inspector or plans
13  examiner pursuant to this part if the person:
14         (a)  Is at least 18 years of age;
15         (b)  Is of good moral character; and
16         (c)  Meets eligibility requirements according to one of
17  the following criteria:
18         1.  Demonstrates 5 years' combined experience in the
19  field of construction or a related field, building code
20  inspection, or plans review corresponding to the certification
21  category sought;
22         2.  Demonstrates a combination of postsecondary
23  education in the field of construction or a related field and
24  experience which totals 4 years, with at least 1 year of such
25  total being experience in construction, building code
26  inspection, or plans review;
27         3.  Demonstrates a combination of technical education
28  in the field of construction or a related field and experience
29  which totals 4 years, with at least 1 year of such total being
30  experience in construction, building code inspection, or plans
31  review; or
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         4.  Currently holds a standard certificate as issued by
  2  the board and satisfactorily completes a building code an
  3  inspector or plans examiner training program of not less than
  4  200 hours in the certification category sought. The board
  5  shall establish by rule criteria for the development and
  6  implementation of the training programs.
  7         (d)  Demonstrates successful completion of the core
  8  curriculum and specialized or advanced module coursework
  9  approved by the Florida Building Commission, as part of the
10  Building Code Training Program established pursuant to s.
11  553.841, appropriate to the licensing category sought or,
12  pursuant to authorization by the certifying authority,
13  provides proof of completion of such curriculum or coursework
14  within 6 months after such certification.
15         (3)  A person shall be entitled to take the examination
16  for certification as a building code administrator pursuant to
17  this part if the person:
18         (a)  Is at least 18 years of age;
19         (b)  Is of good moral character; and
20         (c)  Meets eligibility requirements according to one of
21  the following criteria:
22         1.  Demonstrates 10 years' combined experience as an
23  architect, engineer, plans examiner, building code inspector,
24  registered or certified contractor, or construction
25  superintendent, with at least 5 years of such experience in
26  supervisory positions; or
27         2.  Demonstrates a combination of postsecondary
28  education in the field of construction or related field, no
29  more than 5 years of which may be applied, and experience as
30  an architect, engineer, plans examiner, building code
31  inspector, registered or certified contractor, or construction
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  superintendent which totals 10 years, with at least 5 years of
  2  such total being experience in supervisory positions.
  3         (d)  Demonstrates successful completion of the core
  4  curriculum and specialized or advanced module coursework
  5  approved by the Florida Building Commission, as part of the
  6  Building Code Training Program established pursuant to s.
  7  553.841, appropriate to the licensing category sought or,
  8  pursuant to authorization by the certifying authority,
  9  provides proof of completion of such curriculum or coursework
10  within 6 months after such certification.
11         (4)  No person may engage in the duties of a building
12  code administrator, plans examiner, or building code inspector
13  pursuant to this part after October 1, 1993, unless such
14  person possesses one of the following types of certificates,
15  currently valid, issued by the board attesting to the person's
16  qualifications to hold such position:
17         (a)  A standard certificate.
18         (b)  A limited certificate.
19         (c)  A provisional certificate.
20         (5)(a)  To obtain a standard certificate, an individual
21  must pass an examination approved by the board which
22  demonstrates that the applicant has fundamental knowledge of
23  the state laws and codes relating to the construction of
24  buildings for which the applicant has building code
25  administration, plans examination examining, or building code
26  inspection responsibilities.  It is the intent of the
27  Legislature that the examination approved for certification
28  pursuant to this part be substantially equivalent to the
29  examinations administered by the Southern Building Code
30  Congress International, the Building Officials Association of
31  Florida, the South Florida Building Code (Dade and Broward),
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  and the Council of American Building Officials.
  2         (b)  A standard certificate shall be issued to each
  3  applicant who successfully completes the examination, which
  4  certificate authorizes the individual named thereon to
  5  practice throughout the state as a building code
  6  administrator, plans examiner, or building code inspector
  7  within such class and level as is specified by the board.
  8         (c)  The board may accept proof that the applicant has
  9  passed an examination which is substantially equivalent to the
10  board-approved examination set forth in this section.
11         (6)(a)  A building code administrator, plans examiner,
12  or building code inspector holding office on July 1, 1993,
13  shall not be required to possess a standard certificate as a
14  condition of tenure or continued employment, but shall be
15  required to obtain a limited certificate as described in this
16  subsection.
17         (b)  By October 1, 1993, individuals who were employed
18  on July 1, 1993, as building code administrators, plans
19  examiners, or building code inspectors, who are not eligible
20  for a standard certificate, but who wish to continue in such
21  employment, shall submit to the board the appropriate
22  application and certification fees and shall receive a limited
23  certificate qualifying them to engage in building code
24  administration, plans examination, or building code inspection
25  in the class, at the performance level, and within the
26  governmental jurisdiction in which such person is employed.
27         (c)  The limited certificate shall be valid only as an
28  authorization for the building code administrator, plans
29  examiner, or building code inspector to continue in the
30  position held, and to continue performing all functions
31  assigned to that position, on July 1, 1993.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (d)  A building code administrator, plans examiner, or
  2  building code inspector holding a limited certificate can be
  3  promoted to a position requiring a higher level certificate
  4  only upon issuance of a standard certificate or provisional
  5  certificate appropriate for such new position.
  6         (7)(a)  The board may provide for the issuance of
  7  provisional certificates valid for such period, not less than
  8  3 years 1 year nor more than 5 3 years, as specified by board
  9  rule, to any newly employed or promoted building code
10  inspector or plans examiner who meets the eligibility
11  requirements described in subsection (2) and any newly
12  employed or promoted building code administrator who meets the
13  eligibility requirements described in subsection (3) building
14  code administrator, plans examiner, or inspector.
15         (b)  No building code administrator, plans examiner, or
16  building code inspector may have a provisional certificate
17  extended beyond the specified period by renewal or otherwise.
18         (c)  The board may provide for appropriate levels of
19  provisional certificates and may issue these certificates with
20  such special conditions or requirements relating to the place
21  of employment of the person holding the certificate, the
22  supervision of such person on a consulting or advisory basis,
23  or other matters as the board may deem necessary to protect
24  the public safety and health.
25         (d)  A newly employed or hired person may perform the
26  duties of a plans examiner or building code inspector for 90
27  days if a provisional certificate application has been
28  submitted, provided such person is under the direct
29  supervision of a certified building code administrator who
30  holds a standard certification and who has found such person
31  qualified for a provisional certificate. However, direct
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  supervision and the determination of qualifications under this
  2  paragraph may be provided by a building code administrator who
  3  holds a limited or provisional certificate in any county with
  4  a population of less than 75,000 and in any municipality
  5  located within such a county.
  6         (8)(a)  Any individual who holds a valid certificate
  7  under the provisions of s. 553.795, or who has successfully
  8  completed all requirements for certification pursuant to such
  9  section, shall be deemed to have satisfied the requirements
10  for receiving a standard certificate prescribed by this part.
11         (b)  Any individual who holds a valid certificate
12  issued by the Southern Building Code Congress International,
13  the Building Officials Association of Florida, the South
14  Florida Building Code (Dade and Broward), or the Council of
15  American Building Officials certification programs, or who has
16  been approved for certification under one of those programs
17  not later than October 1, 1995, shall be deemed to have
18  satisfied the requirements for receiving a standard
19  certificate in the corresponding category prescribed by this
20  part. Employees of counties with a population of less than
21  50,000, or employees of municipalities with a population of
22  less than 3,500, shall be deemed to have satisfied the
23  requirements for standard certification where such employee is
24  approved for certification under one of the programs set forth
25  in this paragraph not later than October 1, 1998.
26         (8)(9)  Any individual applying to the board may be
27  issued a certificate valid for multiple building code
28  inspection classes, as deemed appropriate by the board.
29         (9)(10)  Certification and training classes may be
30  developed in coordination with degree career education
31  centers, community colleges, the State University System, or
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  other entities offering certification and training classes.
  2         (10)(11)  The board may by rule create categories of
  3  certification in addition to those defined in s. 468.603(6)
  4  and (7). Such certification categories shall not be mandatory
  5  and shall not act to diminish the scope of any certificate
  6  created by statute.
  7         Section 18.  Section 468.617, Florida Statutes, is
  8  amended to read:
  9         468.617  Joint building code inspection department;
10  other arrangements.--
11         (1)  Nothing in this part shall prohibit any local
12  jurisdiction from entering into and carrying out contracts
13  with any other local jurisdiction under which the parties
14  agree to create and support a joint building code inspection
15  department for conforming to the provisions of this part.  In
16  lieu of a joint building code inspection department, any local
17  jurisdiction may designate a building code an inspector from
18  another local jurisdiction to serve as a building code an
19  inspector for the purposes of this part.
20         (2)  Nothing in this part shall prohibit local
21  governments from contracting with persons certified pursuant
22  to this part to perform building code inspections or plan
23  reviews. An individual or entity may not inspect or examine
24  plans on projects in which the individual or entity designed
25  or permitted the projects.
26         (3)  Nothing in this part shall prohibit any county or
27  municipal government from entering into any contract with any
28  person or entity for the provision of building code inspection
29  services regulated under this part, and notwithstanding any
30  other statutory provision, such county or municipal
31  governments may enter into contracts.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         Section 19.  Section 468.619, Florida Statutes, is
  2  created to read:
  3         468.619  Building code enforcement officials' bill of
  4  rights.--
  5         (1)  It is the finding of the Legislature that building
  6  code enforcement officials are employed by local jurisdictions
  7  to exercise police powers of the state in the course of their
  8  duties and are in that way similar to law enforcement
  9  personnel, correctional officers, and firefighters. It is the
10  further finding of the Legislature that building code
11  enforcement officials are thereby sufficiently distinguishable
12  from other professionals regulated by the department so that
13  their circumstances merit additional specific protections in
14  the course of disciplinary investigations and proceedings
15  against their licenses.
16         (2)  All enforcement officials licensed under this part
17  shall have the rights and privileges specified in this
18  section. Such rights are not exclusive to other rights, and an
19  enforcement official does not forfeit any rights otherwise
20  held under federal, state, or local law. In any instance of a
21  conflict between a provision of this section and a provision
22  of chapter 455, the provision of this section shall supersede
23  the provision of chapter 455.
24         (3)  Whenever an enforcement official is subjected to
25  an investigative interview for possible disciplinary action by
26  the department, such interview shall be conducted pursuant to
27  the requirements of this subsection.
28         (a)  The interview shall take place at a reasonable
29  hour. If the interview is taken in person, it shall take place
30  not more than 30 miles from where the licensee works, or at
31  any other mutually agreeable location or time.
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    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (b)  An enforcement official may not be subjected to an
  2  interview without first receiving written notice of sufficient
  3  details of the complaint in order to be reasonably apprised of
  4  the nature of the investigation and of the substance of the
  5  allegations made. The enforcement official shall be informed
  6  prior to the interview whether the complaint originated from
  7  the department or from a consumer.
  8         (c)  At his or her request, an enforcement official
  9  under investigation shall have the right to be represented by
10  counsel or by any other representative of his or her choice,
11  who shall be present at such time as the enforcement official
12  wishes during the interview.
13         (d)  During the interview, the enforcement official may
14  not be subjected to offensive language. No promise may be made
15  or reward offered to the enforcement official as an inducement
16  to answer any question.
17         (e)  If requested by the enforcement official, the
18  interview of an enforcement official, including notation of
19  all recess periods, must be recorded on audio tape, or
20  otherwise preserved in such a manner as to allow a transcript
21  to be prepared, and there shall be no unrecorded questions or
22  statements. Upon the request of the enforcement official, a
23  copy of any such recording of the interview must be made
24  available to the enforcement official no later than 72 hours
25  following the interview, excluding holidays and weekends.  The
26  expense of the recording and transcript shall be borne by the
27  enforcement official.
28         (f)  If the testimony is transcribed, the transcript
29  must be furnished to the enforcement official for examination,
30  and shall be read to or by the enforcement official, unless
31  waived by all parties involved. Any changes in form or
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    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  substance that the enforcement official wants to make shall be
  2  listed in writing, with a statement of the reasons for making
  3  the changes. The changes shall be attached to the transcript.
  4  Any transcript of an interview with an enforcement official
  5  which is to be used in any proceeding against the enforcement
  6  official shall be sworn or affirmed to and acknowledged by the
  7  enforcement official.
  8         (4)  The investigation of a complaint against an
  9  enforcement official is subject to the time restrictions set
10  forth in this subsection, and failure to comply with any time
11  restriction set forth in this subsection shall result in
12  dismissal of the complaint against the enforcement official.
13  An investigation of a complaint against an enforcement
14  official that was dismissed for failure to comply with a time
15  restriction set forth in this subsection may not be reopened.
16  However, in any instance of an additional complaint being
17  initiated, information or investigation related to the
18  dismissed complaint may be used.
19         (a)  The department must inform the enforcement
20  official of any legally sufficient complaint received,
21  including the substance of the allegation, within 10 days
22  after receipt of the complaint by the department.
23         (b)  The enforcement official shall be given thirty
24  (30) days to respond to any legally sufficient complaint.
25         (c)  No longer than 180 days from the date of the
26  receipt of the complaint, the department shall submit the
27  investigation, whether complete or not, to the probable cause
28  panel for review.  In the event the investigation is not
29  complete, the probable cause panel shall review and instruct
30  the department to complete the investigation within a time
31  certain and, in no event, greater than ninety (90) days or
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  dismiss the complaint with prejudice.
  2         (5)  The enforcement official shall be considered an
  3  agent of the governmental entity employing him or her and as
  4  such shall be defended by that entity in any action brought by
  5  the department or the board, provided the enforcement official
  6  is working within the scope of his or her employment.
  7         (6)  An enforcement official shall not be subject to
  8  disciplinary action in regard to his or her certification for
  9  exercising his or her rights under this section.
10         (7)  If any action taken against the enforcement
11  official by the department or the board is found to be without
12  merit by a court of competent jurisdiction, or if judgment in
13  such an action is awarded to the enforcement official, the
14  department or the board, or the assignee of the department or
15  board, shall reimburse the enforcement official or his or her
16  employer, as appropriate, for reasonable legal costs and
17  reasonable attorney's fees incurred.  The amount awarded shall
18  not exceed the limit provided in s. 120.595.
19         (8)  An enforcement official may bring civil suit
20  against any person, group of persons, or organization or
21  corporation, or the head of such organization or corporation,
22  for damages, either pecuniary or otherwise, suffered pursuant
23  to the performance of the enforcement official's duties or for
24  abridgement of the enforcement official's civil rights arising
25  out of the enforcement official's performance of official
26  duties.
27         (9)  Notwithstanding any other provision in law, while
28  under investigation the enforcement official shall not be
29  denied any and all the rights and privileges of a licensee in
30  good standing.
31         Section 20.  Subsection (3) of section 468.621, Florida
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    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  Statutes, is amended to read:
  2         468.621  Disciplinary proceedings.--
  3         (3)  Where a certificate is suspended, placed on
  4  probation, or has conditions imposed, the board shall
  5  reinstate the certificate of a disciplined building code
  6  administrator, plans examiner, or building code inspector upon
  7  proof the disciplined individual has complied with all terms
  8  and conditions set forth in the final order.
  9         Section 21.  Subsections (2), (3), and (4) of section
10  468.627, Florida Statutes, are amended to read:
11         468.627  Application; examination; renewal; fees.--
12         (2)  The initial application fee may not exceed $25 for
13  building code administrators, plans examiners, or building
14  code inspectors.
15         (3)  The initial examination fee may not exceed $150
16  for building code administrators, plans examiners, or building
17  code inspectors.
18         (4)  Employees of local government agencies having
19  responsibility for building code inspection, building
20  construction regulation, and enforcement of building,
21  plumbing, mechanical, electrical, gas, fire prevention,
22  energy, accessibility, and other construction codes shall pay
23  no application fees or examination fees.
24         Section 22.  Section 468.631, Florida Statutes, is
25  amended to read:
26         468.631  Building Code Administrators and Inspectors
27  Fund.--The provisions of this part shall be funded through a
28  surcharge, to be assessed pursuant to s. 125.56(4) or s.
29  166.201 at the rate of one-half cent per square foot of
30  under-roof floor space permitted, including new construction,
31  renovations, alterations, and additions.  The unit of
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  government responsible for collecting permit fees pursuant to
  2  s. 125.56(4) or s. 166.201 shall collect such surcharge and
  3  shall remit the funds to the department on a quarterly
  4  calendar basis beginning not later than December 31, 1993, for
  5  the preceding quarter, and continuing each third month
  6  thereafter; and such unit of government may retain an amount
  7  up to 10 percent of the surcharge collected to fund projects
  8  and activities intended to improve the quality of building
  9  code enforcement.  There is created within the Professional
10  Regulation Trust Fund a separate account to be known as the
11  Building Code Administrators and Inspectors Fund, which shall
12  deposit and disburse funds as necessary for the implementation
13  of this part. The department shall annually establish the
14  amount needed to fund the certification and regulation of
15  building code administrators, plans examiners, and building
16  code inspectors.  Any funds collected in excess of the amount
17  needed to adequately fund the certification and regulation of
18  building code administrators, plans examiners, and building
19  code inspectors shall be deposited into the Construction
20  Industries Recovery Fund established by s. 489.140.  If the
21  Construction Industries Recovery Fund is fully funded as
22  provided by s. 489.140, any remaining funds shall be
23  distributed to the Construction Industry Licensing Board for
24  use in the regulation of certified and registered contractors.
25         Section 23.  Subsection (1) of section 468.633, Florida
26  Statutes, is amended to read:
27         468.633  Authority of local government.--
28         (1)  Nothing in this part may be construed to restrict
29  the authority of local governments to require as a condition
30  of employment that building code administrators, plans
31  examiners, and building code inspectors possess qualifications
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  beyond the requirements for certification contained in this
  2  part.
  3         Section 24.  Paragraph (a) of subsection (1) of section
  4  112.3145, Florida Statutes, is amended to read:
  5         112.3145  Disclosure of financial interests and clients
  6  represented before agencies.--
  7         (1)  For purposes of this section, unless the context
  8  otherwise requires, the term:
  9         (a)  "Local officer" means:
10         1.  Every person who is elected to office in any
11  political subdivision of the state, and every person who is
12  appointed to fill a vacancy for an unexpired term in such an
13  elective office.
14         2.  Any appointed member of a board; commission;
15  authority, including any expressway authority or
16  transportation authority established by general law; community
17  college district board of trustees; or council of any
18  political subdivision of the state, excluding any member of an
19  advisory body. A governmental body with land-planning, zoning,
20  or natural resources responsibilities shall not be considered
21  an advisory body.
22         3.  Any person holding one or more of the following
23  positions: mayor; county or city manager; chief administrative
24  employee of a county, municipality, or other political
25  subdivision; county or municipal attorney; chief county or
26  municipal building code inspector; county or municipal water
27  resources coordinator; county or municipal pollution control
28  director; county or municipal environmental control director;
29  county or municipal administrator, with power to grant or deny
30  a land development permit; chief of police; fire chief;
31  municipal clerk; district school superintendent; community
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  college president; district medical examiner; or purchasing
  2  agent having the authority to make any purchase exceeding the
  3  threshold amount provided for in s. 287.017 for CATEGORY ONE,
  4  on behalf of any political subdivision of the state or any
  5  entity thereof.
  6         Section 25.  Subsection (3) of section 125.56, Florida
  7  Statutes, is amended to read:
  8         125.56  Adoption or amendment of building code;
  9  inspection fees; inspectors; etc.--
10         (3)  The board of county commissioners of each of the
11  several counties may employ a building code inspector and such
12  other personnel as it deems necessary to carry out the
13  provisions of this act and may pay reasonable salaries for
14  such services.
15         Section 26.  Paragraph (g) of subsection (5) of section
16  212.08, Florida Statutes, is amended to read:
17         212.08  Sales, rental, use, consumption, distribution,
18  and storage tax; specified exemptions.--The sale at retail,
19  the rental, the use, the consumption, the distribution, and
20  the storage to be used or consumed in this state of the
21  following are hereby specifically exempt from the tax imposed
22  by this chapter.
23         (5)  EXEMPTIONS; ACCOUNT OF USE.--
24         (g)  Building materials used in the rehabilitation of
25  real property located in an enterprise zone.--
26         1.  Beginning July 1, 1995, building materials used in
27  the rehabilitation of real property located in an enterprise
28  zone shall be exempt from the tax imposed by this chapter upon
29  an affirmative showing to the satisfaction of the department
30  that the items have been used for the rehabilitation of real
31  property located in an enterprise zone. Except as provided in
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    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  subparagraph 2., this exemption inures to the owner, lessee,
  2  or lessor of the rehabilitated real property located in an
  3  enterprise zone only through a refund of previously paid
  4  taxes. To receive a refund pursuant to this paragraph, the
  5  owner, lessee, or lessor of the rehabilitated real property
  6  located in an enterprise zone must file an application under
  7  oath with the governing body or enterprise zone development
  8  agency having jurisdiction over the enterprise zone where the
  9  business is located, as applicable, which includes:
10         a.  The name and address of the person claiming the
11  refund.
12         b.  An address and assessment roll parcel number of the
13  rehabilitated real property in an enterprise zone for which a
14  refund of previously paid taxes is being sought.
15         c.  A description of the improvements made to
16  accomplish the rehabilitation of the real property.
17         d.  A copy of the building permit issued for the
18  rehabilitation of the real property.
19         e.  A sworn statement, under the penalty of perjury,
20  from the general contractor licensed in this state with whom
21  the applicant contracted to make the improvements necessary to
22  accomplish the rehabilitation of the real property, which
23  statement lists the building materials used in the
24  rehabilitation of the real property, the actual cost of the
25  building materials, and the amount of sales tax paid in this
26  state on the building materials. In the event that a general
27  contractor has not been used, the applicant shall provide this
28  information in a sworn statement, under the penalty of
29  perjury. Copies of the invoices which evidence the purchase of
30  the building materials used in such rehabilitation and the
31  payment of sales tax on the building materials shall be
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  attached to the sworn statement provided by the general
  2  contractor or by the applicant. Unless the actual cost of
  3  building materials used in the rehabilitation of real property
  4  and the payment of sales taxes due thereon is documented by a
  5  general contractor or by the applicant in this manner, the
  6  cost of such building materials shall be an amount equal to 40
  7  percent of the increase in assessed value for ad valorem tax
  8  purposes.
  9         f.  The identifying number assigned pursuant to s.
10  290.0065 to the enterprise zone in which the rehabilitated
11  real property is located.
12         g.  A certification by the local building code
13  inspector that the improvements necessary to accomplish the
14  rehabilitation of the real property are substantially
15  completed.
16         h.  Whether the business is a small business as defined
17  by s. 288.703(1).
18         i.  If applicable, the name and address of each
19  permanent employee of the business, including, for each
20  employee who is a resident of an enterprise zone, the
21  identifying number assigned pursuant to s. 290.0065 to the
22  enterprise zone in which the employee resides.
23         2.  This exemption inures to a city, county, or other
24  governmental agency through a refund of previously paid taxes
25  if the building materials used in the rehabilitation of real
26  property located in an enterprise zone are paid for from the
27  funds of a community development block grant or similar grant
28  or loan program. To receive a refund pursuant to this
29  paragraph, a city, county, or other governmental agency must
30  file an application which includes the same information
31  required to be provided in subparagraph 1. by an owner,
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  lessee, or lessor of rehabilitated real property. In addition,
  2  the application must include a sworn statement signed by the
  3  chief executive officer of the city, county, or other
  4  governmental agency seeking a refund which states that the
  5  building materials for which a refund is sought were paid for
  6  from the funds of a community development block grant or
  7  similar grant or loan program.
  8         3.  Within 10 working days after receipt of an
  9  application, the governing body or enterprise zone development
10  agency shall review the application to determine if it
11  contains all the information required pursuant to subparagraph
12  1. or subparagraph 2. and meets the criteria set out in this
13  paragraph. The governing body or agency shall certify all
14  applications that contain the information required pursuant to
15  subparagraph 1. or subparagraph 2. and meet the criteria set
16  out in this paragraph as eligible to receive a refund. If
17  applicable, the governing body or agency shall also certify if
18  20 percent of the employees of the business are residents of
19  an enterprise zone, excluding temporary and part-time
20  employees. The certification shall be in writing, and a copy
21  of the certification shall be transmitted to the executive
22  director of the Department of Revenue. The applicant shall be
23  responsible for forwarding a certified application to the
24  department within the time specified in subparagraph 4.
25         4.  An application for a refund pursuant to this
26  paragraph must be submitted to the department within 6 months
27  after the rehabilitation of the property is deemed to be
28  substantially completed by the local building code inspector.
29         5.  The provisions of s. 212.095 do not apply to any
30  refund application made pursuant to this paragraph. No more
31  than one exemption through a refund of previously paid taxes
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  for the rehabilitation of real property shall be permitted for
  2  any one parcel of real property. No refund shall be granted
  3  pursuant to this paragraph unless the amount to be refunded
  4  exceeds $500. No refund granted pursuant to this paragraph
  5  shall exceed the lesser of 97 percent of the Florida sales or
  6  use tax paid on the cost of the building materials used in the
  7  rehabilitation of the real property as determined pursuant to
  8  sub-subparagraph 1.e. or $5,000, or, if no less than 20
  9  percent of the employees of the business are residents of an
10  enterprise zone, excluding temporary and part-time employees,
11  the amount of refund granted pursuant to this paragraph shall
12  not exceed the lesser of 97 percent of the sales tax paid on
13  the cost of such building materials or $10,000. A refund
14  approved pursuant to this paragraph shall be made within 30
15  days of formal approval by the department of the application
16  for the refund.
17         6.  The department shall adopt rules governing the
18  manner and form of refund applications and may establish
19  guidelines as to the requisites for an affirmative showing of
20  qualification for exemption under this paragraph.
21         7.  The department shall deduct an amount equal to 10
22  percent of each refund granted under the provisions of this
23  paragraph from the amount transferred into the Local
24  Government Half-cent Sales Tax Clearing Trust Fund pursuant to
25  s. 212.20 for the county area in which the rehabilitated real
26  property is located and shall transfer that amount to the
27  General Revenue Fund.
28         8.  For the purposes of the exemption provided in this
29  paragraph:
30         a.  "Building materials" means tangible personal
31  property which becomes a component part of improvements to
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  real property.
  2         b.  "Real property" has the same meaning as provided in
  3  s. 192.001(12).
  4         c.  "Rehabilitation of real property" means the
  5  reconstruction, renovation, restoration, rehabilitation,
  6  construction, or expansion of improvements to real property.
  7         d.  "Substantially completed" has the same meaning as
  8  provided in s. 192.042(1).
  9         9.  The provisions of this paragraph shall expire and
10  be void on December 31, 2005.
11         Section 27.  Paragraph (a) of subsection (2) of section
12  252.924, Florida Statutes, is amended to read:
13         252.924  Party state responsibilities.--
14         (2)  The authorized representative of a party state may
15  request assistance of another party state by contacting the
16  authorizing representative of that state.  The provisions of
17  this agreement shall only apply to requests for assistance
18  made by and to authorized representatives.  Requests may be
19  verbal or in writing. If verbal, the request shall be
20  confirmed in writing within 90 days of the verbal request.
21  Requests shall provide the following information:
22         (a)  A description of the emergency service function
23  for which assistance is needed, such as, but not limited to,
24  fire services, law enforcement, emergency medical,
25  transportation, communications, public works and engineering,
26  building code inspection, planning and information assistance,
27  mass care, resource support, health and medical services, and
28  search and rescue.
29         Section 28.  Paragraph (j) of subsection (3) of section
30  404.056, Florida Statutes, is amended to read:
31         404.056  Environmental radiation standards and
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  programs; radon protection.--
  2         (3)  CERTIFICATION.--
  3         (j)  The department may set criteria and requirements
  4  for the application, certification, and annual renewal of
  5  certification for radon measurement and mitigation businesses,
  6  which may include:
  7         1.  Requirements for measurement devices and
  8  measurement procedures, including the disclosure of mitigation
  9  materials, systems, and other mitigation services offered.
10         2.  The identification of certified specialists and
11  technicians employed by the business and requirements for
12  specialist staffing and duties.
13         3.  The analysis of measurement devices by proficient
14  analytical service providers.
15         4.  Requirements for a quality assurance and quality
16  control program.
17         5.  The disclosure of client measurement reporting
18  forms and warranties and operating instructions for mitigation
19  systems.
20         6.  Requirements for radon services publications and
21  the identification of the radon business certification number
22  in advertisements.
23         7.  Requirements for a worker health and safety
24  program.
25         8.  Requirements for maintaining radon records.
26         9.  The operation of branch office locations.
27         10.  Requirements for supervising subcontractors who
28  install mitigation systems.
29         11.  Requirements for building code inspections and
30  evaluation and standards for the design and installation of
31  mitigation systems.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         12.  Prescribing conditions of mitigation measurements.
  2         Section 29.  Section 471.045, Florida Statutes, is
  3  amended to read:
  4         471.045  Professional engineers performing building
  5  code inspector duties.--Notwithstanding any other provision of
  6  law, a person who is currently licensed under this chapter to
  7  practice as a professional engineer may provide building code
  8  inspection services described in s. 468.603(6) and (7) to a
  9  local government or state agency upon its request, without
10  being certified by the Florida Building Code Administrators
11  and Inspectors Board under part XII of chapter 468. When
12  performing these building code inspection services, the
13  professional engineer is subject to the disciplinary
14  guidelines of this chapter and s. 468.621(1)(c)-(h). Any
15  complaint processing, investigation, and discipline that arise
16  out of a professional engineer's performing building code
17  inspection services shall be conducted by the Board of
18  Professional Engineers rather than the Florida Building Code
19  Administrators and Inspectors Board. A professional engineer
20  may not perform plans review as an employee of a local
21  government upon any job that the professional engineer or the
22  professional engineer's company designed.
23         Section 30.  Section 481.222, Florida Statutes, is
24  amended to read:
25         481.222  Architects performing building code inspector
26  duties.--Notwithstanding any other provision of law, a person
27  who is currently licensed to practice as an architect under
28  this part may provide building code inspection services
29  described in s. 468.603(6) and (7) to a local government or
30  state agency upon its request, without being certified by the
31  Florida Building Code Administrators and Inspectors Board
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  under part XII of chapter 468. With respect to the performance
  2  of such building code inspection services, the architect is
  3  subject to the disciplinary guidelines of this part and s.
  4  468.621(1)(c)-(h). Any complaint processing, investigation,
  5  and discipline that arise out of an architect's performance of
  6  building code inspection services shall be conducted by the
  7  Board of Architecture and Interior Design rather than the
  8  Florida Building Code Administrators and Inspectors Board. An
  9  architect may not perform plans review as an employee of a
10  local government upon any job that the architect or the
11  architect's company designed.
12         Section 31.  Paragraph (b) of subsection (18) of
13  section 489.103, Florida Statutes, is amended to read:
14         489.103  Exemptions.--This part does not apply to:
15         (18)  Any one-family, two-family, or three-family
16  residence constructed by Habitat for Humanity International,
17  Inc., or its local affiliates.  Habitat for Humanity
18  International, Inc., or its local affiliates, must:
19         (b)  Obtain all required building code inspections.
20         Section 32.  Section 725.06, Florida Statutes, is
21  amended to read:
22         725.06  Construction contracts; limitation on
23  indemnification.
24         (1)  A construction contract may require a party to
25  that contract to indemnify and hold harmless the other party
26  to the contract, their officers and employees, from
27  liabilities, damages, losses and costs, including, but not
28  limited to reasonable attorney's fees, to the extent caused by
29  the negligence, recklessness or intentional wrongful
30  misconduct of the indemnifying party and persons employed or
31  utilized by the indemnifying party in the performance of the
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  construction contract.
  2         (2)  Except as specifically provided in subsection (1),
  3  a construction contract may not require one party to indemnify
  4  the other party, its employees, officers, directors, or agents
  5  from any liability, damage, loss, claim, action, or
  6  proceeding, and any such contract provision is void as against
  7  public policy of this state.
  8         Any portion of any agreement or contract for, or in
  9  connection with, any construction, alteration, repair, or
10  demolition of a building, structure, appurtenance, or
11  appliance, including moving and excavating connected with it,
12  or any guarantee of, or in connection with, any of them,
13  between an owner of real property and an architect, engineer,
14  general contractor, subcontractor, sub-subcontractor, or
15  materialman, or between any combination thereof, wherein any
16  party referred to herein obtains indemnification from
17  liability for damages to persons or property caused in whole
18  or in part by any act, omission, or default of that party
19  arising from the contract or its performance shall be void and
20  unenforceable unless:
21         (1)  The contract contains a monetary limitation on the
22  extent of the indemnification and shall be a part of the
23  project specifications or bid documents, if any, or
24         (2)  The person indemnified by the contract gives a
25  specific consideration to the indemnitor for the
26  indemnification that shall be provided for in his or her
27  contract and section of the project specifications or bid
28  documents, if any.
29         Section 33.  Subsections (1) and (3) of section
30  471.025, Florida Statutes, are amended to read:
31         471.025  Seals.--
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (1)  The board shall prescribe, by rule, a form of seal
  2  to be used by registrants holding valid certificates of
  3  registration.  Each registrant shall obtain an impression-type
  4  metal seal in the form aforesaid and may, in addition,
  5  register his or her seal electronically in accordance with ss.
  6  282.70-282.75.  All final drawings, specifications, plans,
  7  reports, or documents prepared or issued by the registrant and
  8  being filed for public record and all final bid documents
  9  provided to the owner or the owner's representative shall be
10  signed by the registrant, dated, and stamped with said seal.
11  Such signature, date, and seal shall be evidence of the
12  authenticity of that to which they are affixed.  Drawings,
13  specifications, plans, reports, final bid documents, or
14  documents prepared or issued by a registrant may be
15  transmitted electronically and may be signed by the
16  registrant, dated, and stamped electronically with said seal
17  in accordance with ss. 282.70-282.75.
18         (3)  No registrant shall affix or permit to be affixed
19  his or her seal, name, or digital signature to any plan,
20  specification, drawing, final bid document, or other document
21  that which depicts work which he or she is not licensed to
22  perform or which is beyond his or her profession or specialty
23  therein.
24         Section 34.  Paragraphs (j), (k), and (l) of subsection
25  (3) of section 489.105, Florida Statutes, are amended to read:
26         489.105  Definitions.--As used in this part:
27         (3)  "Contractor" means the person who is qualified
28  for, and shall only be responsible for, the project contracted
29  for and means, except as exempted in this part, the person
30  who, for compensation, undertakes to, submits a bid to, or
31  does himself or herself or by others construct, repair, alter,
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  remodel, add to, demolish, subtract from, or improve any
  2  building or structure, including related improvements to real
  3  estate, for others or for resale to others; and whose job
  4  scope is substantially similar to the job scope described in
  5  one of the subsequent paragraphs of this subsection. For the
  6  purposes of regulation under this part, "demolish" applies
  7  only to demolition of steel tanks over 50 feet in height;
  8  towers over 50 feet in height; other structures over 50 feet
  9  in height, other than buildings or residences over three
10  stories tall; and buildings or residences over three stories
11  tall. Contractors are subdivided into two divisions, Division
12  I, consisting of those contractors defined in paragraphs
13  (a)-(c), and Division II, consisting of those contractors
14  defined in paragraphs (d)-(q):
15         (j)  "Commercial pool/spa contractor" means a
16  contractor whose scope of work involves, but is not limited
17  to, the construction, repair, and servicing of any swimming
18  pool, or hot tub or spa, whether public, private, or
19  otherwise, regardless of use. The scope of work includes,
20  including the installation, repair, or replacement of existing
21  equipment, any cleaning or equipment sanitizing which requires
22  at least a partial disassembling, excluding filter changes,
23  and or the installation of new pool/spa equipment, interior
24  finishes, the installation of package pool heaters, the
25  installation of all perimeter piping and filter piping, and
26  the construction of equipment rooms or housing for pool/spa
27  equipment, as necessary.  The scope of such work includes
28  layout, excavation, operation of construction pumps for
29  dewatering purposes, steelwork, installation of light niches,
30  construction of floors, guniting, fiberglassing, installation
31  of tile and coping, installation of all perimeter and filter
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  piping, installation of all filter equipment and chemical
  2  feeders of any type, plastering of the interior, construction
  3  of decks, construction of equipment rooms or housing for pool
  4  equipment, and installation of package pool heaters and also
  5  includes the scope of work of a swimming pool/spa servicing
  6  contractor. However, The scope of such work does not include
  7  direct connections to a sanitary sewer system or to potable
  8  water lines. The installation, construction, modification, or
  9  replacement of equipment permanently attached to and
10  associated with the pool or spa for the purpose of water
11  treatment or cleaning of the pool or spa requires licensure;
12  however, the usage of such equipment for the purposes of water
13  treatment or cleaning shall not require licensure unless the
14  usage involves construction, modification, or replacement of
15  such equipment.  Water treatment that does not require such
16  equipment does not require a license.  In addition, a license
17  shall not be required for the cleaning of the pool or spa in
18  any way that does not affect the structural integrity of the
19  pool or spa or its associated equipment.
20         (k)  "Residential pool/spa contractor" means a
21  contractor whose scope of work involves, but is not limited
22  to, the construction, repair, and servicing of any residential
23  swimming pool, or hot tub or spa, regardless of use. The scope
24  of work includes, including the installation, repair, or
25  replacement of existing equipment, any cleaning or equipment
26  sanitizing which requires at least a partial disassembling,
27  excluding filter changes, and or the installation of new
28  pool/spa equipment, interior finishes, the installation of
29  package pool heaters, the installation of all perimeter piping
30  and filter piping, and the construction of equipment rooms or
31  housing for pool/spa equipment, as necessary. The scope of
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  such work includes layout, excavation, operation of
  2  construction pumps for dewatering purposes, steelwork,
  3  installation of light niches, construction of floors,
  4  guniting, fiberglassing, installation of tile and coping,
  5  installation of all perimeter and filter piping, installation
  6  of all filter equipment and chemical feeders of any type,
  7  plastering of the interior, construction of decks,
  8  installation of housing for pool equipment, and installation
  9  of package pool heaters and also includes the scope of work of
10  a swimming pool/spa servicing contractor. However, The scope
11  of such work does not include direct connections to a sanitary
12  sewer system or to potable water lines. The installation,
13  construction, modification, or replacement of equipment
14  permanently attached to and associated with the pool or spa
15  for the purpose of water treatment or cleaning of the pool or
16  spa requires licensure; however, the usage of such equipment
17  for the purposes of water treatment or cleaning shall not
18  require licensure unless the usage involves construction,
19  modification, or replacement of such equipment.  Water
20  treatment that does not require such equipment does not
21  require a license.  In addition, a license shall not be
22  required for the cleaning of the pool or spa in any way that
23  does not affect the structural integrity of the pool or spa or
24  its associated equipment.
25         (l)  "Swimming pool/spa servicing contractor" means a
26  contractor whose scope of work involves, but is not limited
27  to, the repair and the servicing and repair of any swimming
28  pool, or hot tub or spa, whether public or private, or
29  otherwise, regardless of use. The scope of such work includes
30  the repair or may include any necessary piping and repairs,
31  replacement and repair of existing equipment, any cleaning or
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  equipment sanitizing which requires at least a partial
  2  disassembling, excluding filter changes, and the or
  3  installation of new pool/spa additional equipment, interior
  4  refinishing, the reinstallation or addition of pool heaters,
  5  the as necessary. The scope of such work includes the
  6  reinstallation of tile and coping, repair or and replacement
  7  of all perimeter piping and filter piping, the repair of
  8  equipment rooms or housing for pool/spa equipment, and the
  9  substantial or complete draining of a swimming pool, or hot
10  tub or spa, for the purpose of any repair or renovation. The
11  scope of such work does not include direct connections to a
12  sanitary sewer system or to potable water lines filter
13  equipment, and chemical feeders of any type, replastering,
14  reconstruction of decks, and reinstallation or addition of
15  pool heaters. The installation, construction, modification,
16  substantial or complete disassembly, or replacement of
17  equipment permanently attached to and associated with the pool
18  or spa for the purpose of water treatment or cleaning of the
19  pool or spa requires licensure; however, the usage of such
20  equipment for the purposes of water treatment or cleaning
21  shall not require licensure unless the usage involves
22  construction, modification, substantial or complete
23  disassembly, or replacement of such equipment. Water treatment
24  that does not require such equipment does not require a
25  license. In addition, a license shall not be required for the
26  cleaning of the pool or spa in any way that does not affect
27  the structural integrity of the pool or spa or its associated
28  equipment.
29         Section 35.  Section 489.118, Florida Statutes, is
30  amended to read:
31         489.118  Certification of registered contractors;
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  grandfathering provisions.--The board shall, upon receipt of a
  2  completed application and appropriate fee, issue a certificate
  3  in the appropriate category to any contractor registered under
  4  this part who makes application to the board and can show that
  5  he or she meets each of the following requirements:
  6         (1)  Currently holds a valid registered local license
  7  in one of the contractor categories defined in s.
  8  489.105(3)(a)-(p).
  9         (2)  Has, for that category, passed a written
10  examination that the board finds to be substantially similar
11  to the examination required to be licensed as a certified
12  contractor under this part. For purposes of this subsection, a
13  written, proctored examination such as that produced by the
14  National Assessment Institute, Block and Associates, or
15  NAI/Block, Experior Assessments, Professional Testing, Inc.,
16  or Assessment Systems, Inc., shall be considered to be
17  substantially similar to the examination required to be
18  licensed as a certified contractor.  The board may not impose
19  or make any requirements regarding the nature or content of
20  these cited examinations.
21         (3)  Has at least 5 years of experience as a contractor
22  in that contracting category, or as an inspector or building
23  administrator with oversight over that category, at the time
24  of application.  For contractors, only time periods in which
25  the contractor license is active and the contractor is not on
26  probation shall count toward the 5 years required by this
27  subsection.
28         (4)  Has not had his or her contractor's license
29  revoked at any time, had his or her contractor's license
30  suspended within the last 5 years, or been assessed a fine in
31  excess of $500 within the last 5 years.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (5)  Is in compliance with the insurance and financial
  2  responsibility requirements in s. 489.115(5).
  3
  4  Applicants wishing to obtain a certificate pursuant to this
  5  section must make application by November 1, 2004.
  6         Section 36.  Section 489.128, Florida Statutes, is
  7  amended to read:
  8         489.128  Contracts performed by unlicensed contractors
  9  unenforceable.--As a matter of public policy, contracts
10  entered into on or after October 1, 1990, and performed in
11  full or in part by any contractor who fails to obtain or
12  maintain a license in accordance with this part shall be
13  unenforceable in law or in equity. However, in the event the
14  contractor obtains or reinstates his or her license, the
15  provisions of this section shall no longer apply.
16         Section 37.  Subsections (12) and (15) of section
17  489.503, Florida Statutes, are amended to read:
18         489.503  Exemptions.--This part does not apply to:
19         (12)  Any person as defined and licensed under chapter
20  527 while engaged in work regulated under that chapter.
21         (15)  The provision, installation, testing, routine
22  maintenance, factory-servicing, or monitoring of a personal
23  emergency response system, as defined in s. 489.505, by an
24  authorized person who:
25         (a)  Is an employee of, or a volunteer supervised by an
26  employee of, a health care facility licensed by the Agency for
27  Health Care Administration;
28         (b)  Performs services for the Department of Elderly
29  Affairs;
30         (c)  Performs services for the Department of Children
31  and Family Services under chapter 410; or
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (d)  Is an employee of or an authorized representative
  2  or distributor for the producer of the personal emergency
  3  response system being monitored.
  4         Section 38.  Subsection (26) of section 489.505,
  5  Florida Statutes, is amended to read:
  6         489.505  Definitions.--As used in this part:
  7         (26)  "Personal emergency response system" means any
  8  device which is simply plugged into a telephone jack or
  9  electrical receptacle and which is designed to initiate a
10  telephone call to a person who responds to, or has a
11  responsibility to determine the proper response to, personal
12  emergencies, but does not include hard-wired or wireless alarm
13  systems designed to detect intrusion or fire.
14         Section 39.  Section 489.507, Florida Statutes, is
15  amended to read:
16         489.507  Electrical Contractors' Licensing Board.--
17         (1)  There is created in the department the Electrical
18  Contractors' Licensing Board. The board shall consist of 11
19  members, 7 of whom shall be certified electrical contractors,
20  2 of whom shall be consumer members who are not, and have
21  never been, electrical contractors or members of any closely
22  related profession or occupation, and 2 of whom shall be
23  certified alarm system contractors I. Members shall be
24  appointed for 4-year terms.
25         (2)  To be eligible to serve, each contractor member
26  must have been certified by the board to operate as a
27  contractor in the category with respect to which the member is
28  appointed, be actively engaged in the construction business,
29  and have been so engaged for a period of not less than 5
30  consecutive years before the date of appointment.  Each
31  appointee must be a citizen and resident of the state.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (3)  The board has authority to adopt rules pursuant to
  2  ss. 120.536(1) and 120.54 to implement the provisions of this
  3  part.
  4         (4)  It is the intent of the Legislature that the board
  5  promulgate no rules and take no action to require that
  6  applicants for certification as alarm system contractors serve
  7  any type of apprenticeship before being allowed to sit for the
  8  certification examination.
  9         (5)  Any proposed board rule which has not been
10  modified to remove proposed committee objections of the
11  Administrative Procedures Committee must receive approval from
12  the department prior to filing the rule with the Department of
13  State for final adoption. The department may repeal any rule
14  enacted by the board which has taken effect without having met
15  proposed committee objections of the Administrative Procedures
16  Committee.
17         (6)(5)  The Electrical Contractors' Licensing Board and
18  the Construction Industry Licensing Board shall each appoint a
19  committee to meet jointly at least twice a year.
20         Section 40.  Section 489.514, Florida Statutes, is
21  amended to read:
22         489.514  Certification for registered contractors;
23  grandfathering provisions.--
24         (1)  The board shall, upon receipt of a completed
25  application, and appropriate fee, and proof of compliance with
26  the provisions of this section, issue: a certification in the
27  appropriate category to
28         (a)  To an applying registered electrical contractor a
29  certificate as an electrical contractor, as defined in s.
30  489.505(12); or
31         (b)  To an applying registered alarm system contractor
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  a certificate in the matching alarm system contractor
  2  category, as defined in s. 489.505(2)(a) or (b); or
  3         (c)  To an applying registered electrical speciality
  4  contractor a certificate in the matching electrical speciality
  5  contractor category, as defined in s. 489.505(19).
  6         (2)  Any any contractor registered under this part who
  7  makes application under this section to the board shall and
  8  can show that he or she meets meet each of the following
  9  requirements for certification:
10         (a)(1)  Currently holds a valid registered local
11  license in the category of electrical contractor, or alarm
12  system contractor, or electrical speciality contractor.
13         (b)(2)Has, for that category, passed a written,
14  proctored examination that the board finds to be substantially
15  similar to the examination required to be licensed as a
16  certified contractor under this part. For purposes of this
17  subsection, a written, proctored examination such as that
18  produced by the National Assessment Institute, Block and
19  Associates, or NAI/Block, Experior Assessments, Professional
20  Testing, Inc., or Assessment Systems, Inc., shall be
21  considered to be substantially similar to the examination
22  required to be licensed as a certified contractor.  The board
23  may not impose or make any requirements regarding the nature
24  or content of these cited examinations.
25         (c)(3)  Has at least 5 years of experience as a
26  contractor in that contracting category, or as a inspector or
27  building administrator with oversight over that category, at
28  the time of application. For contractors, only time periods in
29  which the contractor license is active and the contractor is
30  not on probation shall count toward the 5 years required under
31  this subsection.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (d)(4)  Has not had his or her contractor's license
  2  revoked at anytime, had his or her contractor's license
  3  suspended in the last 5 years, or been assessed a fine in
  4  excess of $500 in the last 5 years.
  5         (e)(5)  Is in compliance with the insurance and
  6  financial responsibility requirements in s. 489.515(1)(b).
  7         (3) An applicant must make application by November 1,
  8  2004, to be licensed pursuant to this section.
  9         Section 41.  Paragraph (e) is added to subsection (2)
10  of section 489.5185, Florida Statutes, to read:
11         489.5185  Fire alarm system agents.--
12         (2)
13         (e)  Persons who perform only monitoring are not
14  required to complete the training required for fire alarm
15  system agents.
16         Section 42.  Subsection (1) of section 489.522, Florida
17  Statutes, is amended to read:
18         489.522  Qualifying agents; responsibilities.--
19         (1)(a)  A qualifying agent is a primary qualifying
20  agent unless he or she is a secondary qualifying agent under
21  this section.  All primary qualifying agents for a business
22  organization are jointly and equally responsible for
23  supervision of all operations of the business organization;
24  for all field work at all sites; and for financial matters,
25  both for the organization in general and for each specific
26  job.
27         (b)  When a qualifying agent ceases to qualify a
28  business, the qualifying agent must transfer the license to
29  another business, qualify himself or herself as an individual,
30  or place the license in an inactive status within 60 days
31  after termination of the qualifying status with the business.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         Section 43.  Subsection (5) of section 489.531, Florida
  2  Statutes, is renumbered as subsection (6) and amended, present
  3  subsections (3), (4), (6), and (7) are renumbered as
  4  subsections (4), (5), (7), and (8), respectively, and a new
  5  subsection (3) is added to said section, to read:
  6         489.531  Prohibitions; penalties.--
  7         (1)  A person may not:
  8         (a)  Practice contracting unless the person is
  9  certified or registered;
10         (b)  Use the name or title "electrical contractor" or
11  "alarm system contractor" or words to that effect, or
12  advertise himself or herself or a business organization as
13  available to practice electrical or alarm system contracting,
14  when the person is not then the holder of a valid
15  certification or registration issued pursuant to this part;
16         (c)  Present as his or her own the certificate or
17  registration of another;
18         (d)  Use or attempt to use a certificate or
19  registration that has been suspended, revoked, or placed on
20  inactive or delinquent status;
21         (e)  Employ persons who are not certified or registered
22  to practice contracting;
23         (f)  Knowingly give false or forged evidence to the
24  department, the board, or a member thereof;
25         (g)  Operate a business organization engaged in
26  contracting after 60 days following the termination of its
27  only qualifying agent without designating another primary
28  qualifying agent;
29         (h)  Conceal information relative to violations of this
30  part;
31         (i)  Commence or perform work for which a building
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  permit is required pursuant to part VII of chapter 533 without
  2  the building permit being in effect; or
  3         (j)  Willfully or deliberately disregard or violate any
  4  municipal or county ordinance relating to uncertified or
  5  unregistered contractors.
  6         (3)(a)  Any unlicensed person who violates any of the
  7  provisions of subsection (1) commits a misdemeanor of the
  8  first degree, punishable as provided in s. 775.082 or s.
  9  775.083.
10         (b)  Any unlicensed person who commits a violation of
11  subsection (1) after having been previously found guilty of
12  such violation commits a felony of the third degree,
13  punishable as provided in s. 775.082 or s. 775.083.
14         (c)  Any unlicensed person who commits a violation of
15  subsection (1) during the existence of a state of emergency
16  declared by executive order of the Governor commits a felony
17  of the third degree, punishable as provided in s. 775.082 or
18  s. 775.083.
19
20  The remedies set forth in this subsection are not exclusive
21  and may be imposed in addition to the remedies set forth in s.
22  489.533(2).
23         (6)(5)(a)  The local governing body of a county or
24  municipality, or its local enforcement body, is authorized to
25  enforce the provisions of this part as well as its local
26  ordinances against locally licensed or registered contractors,
27  as appropriate.  The local jurisdiction enforcement body may
28  conduct disciplinary proceedings against a locally licensed or
29  registered contractor and may require restitution or impose a
30  suspension or revocation of the local license or a fine not to
31  exceed $5,000, or a combination thereof, against the locally
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  licensed or registered contractor, according to ordinances
  2  which a local jurisdiction may enact.  In addition, the local
  3  jurisdiction may assess reasonable investigative and legal
  4  costs for the prosecution of the violation against the
  5  registered contractor violator, according to such ordinances
  6  as the local jurisdiction may enact.
  7         (b)  In addition to any action the local jurisdiction
  8  enforcement body may take against the individual's local
  9  license, and any fine the local jurisdiction may impose, the
10  local jurisdiction enforcement body shall issue a recommended
11  penalty for board action.  This recommended penalty may
12  include a recommendation for no further action or a
13  recommendation for suspension, revocation, or restriction of
14  the registration or imposition of a fine to be levied by the
15  board, or a combination thereof.  The local jurisdiction
16  enforcement body shall inform the disciplined registered
17  contractor and the complainant of the local license penalty
18  imposed, the board penalty recommended, the rights to appeal,
19  and the consequences should the registered contractor decide
20  not to appeal.  The local jurisdiction enforcement body shall,
21  upon having reached adjudication or having accepted a plea of
22  nolo contendere, immediately inform the board of its action
23  and the recommended board penalty.
24         (c)  The department, the disciplined registered
25  contractor, or the complainant may challenge the local
26  jurisdiction enforcement body's recommended penalty for board
27  action to the Electrical Contractors' Licensing Board. A
28  challenge shall be filed within 60 days after the issuance of
29  the recommended penalty to the board. If challenged, there is
30  a presumptive finding of probable cause and the case may
31  proceed without the need for a probable cause hearing.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (d)  Failure of the department, the disciplined
  2  registered contractor, or the complainant to challenge the
  3  local jurisdiction's recommended penalty within the time
  4  period set forth in this subsection shall constitute a waiver
  5  of the right to a hearing before the board.  A waiver of the
  6  right to a hearing before the board shall be deemed an
  7  admission of the violation, and the penalty recommended shall
  8  become a final order according to procedures developed by
  9  board rule without further board action. The disciplined
10  registered contractor may appeal this board action to the
11  district court.
12         (e)  The department may investigate any complaint which
13  is made with the department. However, if the department
14  determines that the complaint against a registered contractor
15  is for an action which a local jurisdiction enforcement body
16  has investigated and reached adjudication or accepted a plea
17  of nolo contendere, including a recommended penalty to the
18  board, the department shall not initiate prosecution for that
19  action, unless the secretary has initiated summary procedures
20  pursuant to s. 455.225(8).
21         (f)  Nothing in this subsection shall be construed to
22  allow local jurisdictions to exercise disciplinary authority
23  over certified contractors.
24         Section 44.  Section 489.532, Florida Statutes, is
25  amended to read:
26         489.532  Contracts performed by unlicensed contractors
27  unenforceable.--As a matter of public policy, contracts
28  entered into on or after October 1, 1990, and performed in
29  full or in part by any contractor who fails to obtain or
30  maintain his or her license in accordance with this part shall
31  be unenforceable in law, and the court in its discretion may
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1  extend this provision to equitable remedies.  However, in the
  2  event the contractor obtains or reinstates the license the
  3  provisions of this section shall no longer apply.
  4         Section 45.  Subsections (14) through (26) of section
  5  633.021, Florida Statutes, are renumbered as subsections (15)
  6  through (27), and a new subsection (14) is added to said
  7  section, to read:
  8         633.021  Definitions.--As used in this chapter:
  9         (14)  "Layout" as used in this chapter means the layout
10  of risers, cross mains, branch lines, sprinkler heads, sizing
11  of pipe, hanger locations, and hydraulic calculations in
12  accordance with the design concepts established through the
13  provisions of s. 553.79(6)(c).
14         Section 46.  Subsection (8) of section 489.537, Florida
15  Statutes, is repealed.
16         Section 47.  Subsections (21), (22), and (23) of
17  section 489.505, Florida Statutes, are amended to read:
18         489.505  Definitions.--As used in this part:
19         (21)  "Registered alarm system contractor I" means an
20  alarm system contractor whose business includes all types of
21  alarm systems for all purposes and who is registered with the
22  department pursuant to s. 489.513 or s. 489.537(8). A
23  registered alarm system contractor I may contract only in the
24  jurisdictions for which his or her registration is issued.
25         (22)  "Registered alarm system contractor II" means an
26  alarm system contractor whose business includes all types of
27  alarm systems, other than fire, for all purposes and who is
28  registered with the department pursuant to s. 489.513 or s.
29  489.537(8). A registered alarm system contractor II may
30  contract only in the jurisdiction for which his or her
31  registration is issued.
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         (23)  "Registered residential alarm system contractor"
  2  means an alarm system contractor whose business is limited to
  3  burglar alarm systems in single-family residential, quadruplex
  4  housing, and mobile homes of a residential occupancy class and
  5  who is registered with the department pursuant to s. 489.513
  6  or s. 489.537(8). The board shall define "residential
  7  occupancy class" by rule. A registered residential alarm
  8  system contractor may contract only in the jurisdiction for
  9  which his or her registration is issued.
10         Section 48.  Subsection (2) of section 489.515, Florida
11  Statutes, is amended to read:
12         489.515  Issuance of certificates; registrations.--
13         (2)  The department shall issue a registration to a
14  person who is in compliance with the provisions of s. 489.513
15  or s. 489.537(8) and who the board certifies is qualified to
16  be registered.
17         Section 49.  Except as otherwise provided herein, this
18  act shall take effect July 1, 2000.
19
20
21  ================ T I T L E   A M E N D M E N T ===============
22  And the title is amended as follows:
23         On page 1, line 2, through page 2, line 10,
24  remove from the title of the bill:  all of said lines
25
26  and insert in lieu thereof:
27         An act relating to regulation of nonmedical
28         professions; amending s. 471.038, F.S., the
29         "Florida Engineers Management Corporation Act";
30         providing purpose; providing for per diem and
31         travel expenses for the board of directors and
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         staff of the management corporation; providing
  2         for termination of initial appointments and for
  3         new appointments to the board of directors;
  4         revising powers and duties of the management
  5         corporation; providing additional requirements
  6         of the contract between the management
  7         corporation and the Department of Business and
  8         Professional Regulation; changing the
  9         submission date of the management corporation's
10         annual status report; specifying that meetings
11         of the board of directors are open to the
12         public as provided by law; providing for
13         maintenance of board records by the management
14         corporation; providing rulemaking authority to
15         the board to ensure the security of
16         examinations; eliminating a provision requiring
17         the Office of Program Policy Analysis and
18         Government Accountability to conduct
19         performance audits at the request of the Joint
20         Legislative Auditing Committee; abrogating the
21         repeal of s. 471.038, F.S., the "Florida
22         Engineers Management Corporation Act,"
23         notwithstanding s. 5, ch. 97-312, Laws of
24         Florida; amending s. 471.005, F.S.; providing
25         definitions; revising cross-references;
26         amending s. 471.0035, F.S.; conforming
27         cross-references; amending ss. 471.011,
28         471.015, 471.017, 471.021, 471.023, 471.033,
29         F.S.; transferring to the management
30         corporation duties of the department relating
31         to issuance, reissuance, and renewal of
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         licenses, certifications, and temporary
  2         registrations and to purchase of the licensure
  3         examination; revising cross-references;
  4         requiring the Office of Program Policy Analysis
  5         and Government Accountability, in consultation
  6         with the Legislative Committee on
  7         Intergovernmental Relations, to conduct a study
  8         of construction retainage methods; specifying
  9         areas to be examined; requiring study
10         conclusions and recommendations; amending s.
11         399.13, F.S.; correcting a reference with
12         regard to the inspection code; amending s.
13         468.603, F.S.; redefining "building code
14         inspector" and "categories of building
15         inspectors" and defining "building code
16         enforcement official"; revising intent with
17         respect to the examination required for
18         certification as a building code administrator,
19         plans examiner, or building code inspector;
20         increasing the validity period of a provisional
21         certificate; clarifying to whom a provisional
22         certificate may be issued; authorizing newly
23         employed or hired persons applying for
24         provisional certification to perform for a
25         specified period the duties of a plans examiner
26         or building code inspector under the direct
27         supervision of a building code administrator
28         holding limited or provisional certification in
29         counties with populations below a specified
30         level and the municipalities therein; deleting
31         obsolete standard certificate equivalency
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         provisions; providing for consistency in
  2         terminology; creating s. 468.619, F.S.;
  3         establishing special disciplinary procedures
  4         for building code enforcement officials;
  5         amending ss. 112.3145, 125.56, 212.08, 252.924,
  6         404.056, 468.603, 468.604, 468.605, 468.607,
  7         468.617, 468.621, 468.627, 468.631, 468.633,
  8         471.045, 481.222, and 489.103, F.S.; providing
  9         for consistency in terminology; amending s.
10         725.06, F.S.; providing for indemnification in
11         construction contracts and voiding all others
12         as being against public policy; amending s.
13         471.025, F.S.; adding a circumstance under
14         which engineering documents must be sealed;
15         amending s. 489.105, F.S.; revising the scope
16         of work of commercial and residential pool/spa
17         contractors and swimming pool/spa servicing
18         contractors; amending s. 489.118, F.S.;
19         limiting the time period during which
20         registered applicants must apply to receive
21         certification; amending s. 489.128, F.S.;
22         eliminating an exemption from a provision
23         invalidating contracts with unlicensed
24         contractors; amending s. 489.503, F.S.;
25         revising exemptions from regulation under pt.
26         II, ch. 489, F.S., relating to electrical and
27         alarm system contracting; amending s. 489.505,
28         F.S.; revising the definition of "personal
29         emergency response system"; amending s.
30         489.507, F.S.; limiting the rule making
31         authority of the Electrical Contractors
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                                                   HOUSE AMENDMENT
    dhs-21                                  Bill No. CS for SB 220
    Amendment No. ___ (for drafter's use only)
  1         Licensing Board; amending s. 489.514, F.S.;
  2         revising grandfathering provisions for
  3         certification of registered electrical and
  4         alarm system contractors; amending s. 489.5185,
  5         F.S.; providing that persons who perform only
  6         monitoring are not required to complete the
  7         training required for fire alarm system agents;
  8         amending s. 489.522, F.S.; providing
  9         requirements when a qualifying agent ceases to
10         qualify a business; amending s. 489.531, F.S.;
11         providing penalties for violations by
12         unlicensed persons of acts prohibited under pt.
13         II, ch. 489, F.S., relating to electrical and
14         alarm system contracting; amending s. 489.532,
15         F.S.; eliminating an exemption from a provision
16         invalidating contracts with unlicensed
17         contractors; amending s. 633.021, F.S.; adding
18         a definition of "layout"; repealing s.
19         489.537(8), F.S., relating to obsolete
20         provisions for the registration of alarm system
21         contractors; amending ss. 489.505, 489.515,
22         F.S.; deleting cross references, to conform;
23         providing effective dates.
24
25
26
27
28
29
30
31
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