CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) J. Miller, Ogles, and Pruitt offered the
12 following:
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14 Amendment (with title amendment)
15 On page 3, line 7, through page 7, line 15
16 remove from the bill: all of said lines
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18 and insert in lieu thereof:
19 Section 1. Subsections (2), (5), and (7) of section
20 218.72, Florida Statutes, are amended, and subsections (8) and
21 (9) are added to said section, to read:
22 218.72 Definitions.--As used in this part:
23 (2) "Local governmental entity" means a county or
24 municipal government, school board, school district,
25 authority, special taxing district, other political
26 subdivision, community college, or any office, board, bureau,
27 commission, department, branch, division, or institution
28 thereof or any project supported by county or municipal funds.
29 (5) "Purchase" means the purchase of goods, or
30 services, or construction services, the purchase or lease of
31 personal property, or the lease of real property by a local
1
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 governmental entity.
2 (7) "Construction services" means all labor, services,
3 and materials provided performed in connection with the
4 construction, alteration, repair, demolition, reconstruction,
5 or any other improvements to real property that require a
6 license under parts I and II of chapter 489.
7 (8) "Payment request" means a request for payment for
8 construction services which conforms with all statutory
9 requirements and with all requirements specified by the local
10 governmental entity to which the payment request is submitted
11 if:
12 (a) Such requirements have been adopted by formal
13 action of the local governmental entity taken prior to the
14 transaction to which the payment request applies.
15 (b) The local governmental entity made such
16 requirements available to vendors.
17 (9) "Agent" means project architect, project engineer,
18 or any other agency or person acting on behalf of the local
19 governmental entity.
20 Section 2. Section 218.73, Florida Statutes, is
21 amended to read:
22 218.73 Timely payment for nonconstruction
23 services.--The time at which payment is due for a purchase
24 other than construction services by a local governmental
25 entity, except for the purchase of construction services, is
26 due must be calculated from:
27 (1) The date on which a proper invoice is received by
28 the chief disbursement officer of the local governmental
29 entity after approval by the governing body, if required; or
30 (2) If a proper invoice is not received by the local
31 governmental entity, the date:
2
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 (a) On which delivery of personal property is accepted
2 by the local governmental entity;
3 (b) On which services are completed;
4 (c) On which the rental period begins; or
5 (d) On which the local governmental entity and vendor
6 agree in a contract that provides dates relative to payment
7 periods;
8
9 whichever date is latest.
10 Section 3. Section 218.735, Florida Statutes, is
11 amended to read:
12 218.735 Timely payment for purchases of construction
13 services.--
14 (1) The due date for payment for the purchase of
15 construction services by a local governmental entity is
16 determined as follows:
17 (a) If an agent the project architect or project
18 engineer must approve the payment request or invoice prior to
19 the payment request or invoice being submitted to the local
20 governmental entity, payment is due 25 20 business days after
21 the date on which the payment request or architect or engineer
22 approves the invoice and the invoice is stamped as received as
23 provided in s. 218.74(1).
24 (b) If an agent the project architect or project
25 engineer need not approve the payment request or invoice which
26 is submitted by the contractor, payment is due 20 business
27 days after the date on which the payment request or invoice is
28 stamped as received as provided in s. 218.74(1).
29 (2) The local governmental entity may reject the
30 payment request or invoice within 20 business days after the
31 date on which the payment request or invoice is stamped as
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 received as provided in s. 218.74(1). The rejection must be
2 written and must specify the deficiency in the payment request
3 or invoice and the action necessary to make the payment
4 request or invoice proper.
5 (3) If a payment request or an invoice is rejected
6 under subsection (2) or this subsection and the contractor
7 submits a corrected payment request or invoice which corrects
8 the deficiency specified in writing by the local governmental
9 entity, the corrected payment request or invoice must be paid
10 or rejected on the later of:
11 (a) Ten business days after the date the corrected
12 payment request or invoice is stamped as received as provided
13 in s. 218.74(1); or
14 (b) If the governing body is required by ordinance,
15 charter, or other law to approve or reject the corrected
16 payment request or invoice, the first business day after the
17 next regularly scheduled meeting of the governing body held
18 after the corrected payment request or invoice is stamped as
19 received as provided in s. 218.74(1).
20 (4) If a dispute between the local governmental entity
21 and the contractor cannot be resolved by the procedure in
22 subsection (3), the dispute must be resolved in accordance
23 with the dispute resolution procedure prescribed in the
24 construction contract or in any applicable ordinance. In the
25 absence of a prescribed procedure, the dispute must be
26 resolved by the procedure specified in s. 218.76(2).
27 (5) If a local governmental entity disputes a portion
28 of a payment request or an invoice, the undisputed portion
29 shall be paid timely, in accordance with subsection (1). The
30 payment time periods provided in this section for construction
31 services purchased by a local governmental entity shall not
4
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 affect contractual provisions or contractual covenants of a
2 local governmental entity in effect on September 30, 1995.
3 (6) When a contractor receives payment from a local
4 governmental entity for labor, services, or materials
5 furnished by subcontractors and suppliers hired by the
6 contractor, the contractor shall remit payment due to those
7 subcontractors and suppliers within 15 days after the
8 contractor's receipt of payment. When a subcontractor
9 receives payment from a contractor for labor, services, or
10 materials furnished by subcontractors and suppliers hired by
11 the subcontractor, the subcontractor shall remit payment due
12 to those subcontractors and suppliers within 15 days after the
13 subcontractor's receipt of payment. Nothing herein shall
14 prohibit a contractor or subcontractor from disputing,
15 pursuant to the terms of the relevant contract, all or any
16 portion of a payment alleged to be due to another party. In
17 the event of such a dispute, the contractor or subcontractor
18 may withhold the disputed portion of any such payment but the
19 undisputed portion must be remitted within the time limits
20 imposed by this subsection.
21 (7)(6) All payments due under this section from a
22 local governmental entity and not made within the time periods
23 period specified by this section shall bear interest at the
24 rate of 1 percent per month, or the rate specified by
25 contract, whichever is greater as specified in s. 218.74(4).
26 Section 4. Section 218.74, Florida Statutes, is
27 amended to read:
28 218.74 Procedures for calculation of payment due
29 dates.--
30 (1) Each local governmental entity shall establish
31 procedures whereby each payment request or invoice received by
5
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 the local governmental entity is marked as received on the
2 date on which it is delivered to an agent or employee of the
3 local governmental entity or of a facility or office of the
4 local governmental entity.
5 (2) The payment due date for a local governmental
6 entity for the purchase of goods or services other than
7 construction services is 45 days after the date specified in
8 s. 218.73. The payment due date for the purchase of
9 construction services is specified in s. 218.735.
10 (3) If the terms under which a purchase is made allow
11 for partial deliveries and a payment request or proper invoice
12 is submitted for a partial delivery, the time for payment for
13 the partial delivery must be calculated from the time of the
14 partial delivery and the submission of the payment request or
15 invoice in the same manner as provided in s. 218.73 or s.
16 218.735.
17 (4) All payments, other than payments for construction
18 services, due from a local governmental entity and not made
19 within the time specified by this section bear interest from
20 30 days after the due date at the rate of 1 percent per month
21 on the unpaid balance. The vendor must invoice the local
22 governmental entity for any interest accrued in order to
23 receive the interest payment. Any overdue period of less than
24 1 month is considered as 1 month in computing interest.
25 Unpaid interest is compounded monthly. With respect to each
26 past due payment, interest ceases to accrue after interest on
27 that payment has accrued for 12 months. For the purposes of
28 this section, the term "1 month" means a period beginning on
29 any day of one month and ending on the same day of the
30 following month.
31 Section 5. Section 218.75, Florida Statutes, is
6
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 amended to read:
2 218.75 Mandatory interest.--No contract between a
3 local governmental entity and a vendor or a provider of
4 construction services shall prohibit the collection of vendor
5 from invoicing the local governmental entity for late payment
6 interest charges allowable under this part.
7 Section 6. Section 218.76, Florida Statutes, is
8 amended to read:
9 218.76 Improper payment request or invoice; resolution
10 of disputes.--
11 (1) In any case in which an improper payment request
12 or invoice is submitted by a vendor, the local governmental
13 entity shall, within 10 days after the improper payment
14 request or invoice is received by it, notify the vendor that
15 the payment request or invoice is improper and indicate what
16 corrective action on the part of the vendor is needed to make
17 the payment request or invoice proper.
18 (2) In the event a dispute occurs between a vendor and
19 a local governmental entity concerning payment of a payment
20 request or an invoice, such disagreement shall be finally
21 determined by the local governmental entity as provided in
22 this section. Each local governmental entity shall establish
23 a dispute resolution procedure to be followed by the local
24 governmental entity in cases of such disputes. Such procedure
25 shall provide that proceedings to resolve the dispute shall be
26 commenced not later than 45 days after the date on which the
27 payment request or proper invoice was received by the local
28 governmental entity and shall be concluded by final decision
29 of the local governmental entity not later than 60 days after
30 the date on which the payment request or proper invoice was
31 received by the local governmental entity. Such procedures
7
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 shall not be subject to chapter 120, and such procedures shall
2 not constitute an administrative proceeding which prohibits a
3 court from deciding de novo any action arising out of the
4 dispute. If the dispute is resolved in favor of the local
5 governmental entity, then interest charges shall begin to
6 accrue 10 15 days after the local governmental entity's final
7 decision. If the dispute is resolved in favor of the vendor,
8 then interest shall begin to accrue as of the original date
9 the payment became due.
10 (3) In an action to recover amounts due under s.
11 218.70-218.80, the prevailing party shall be entitled to
12 recover court costs and attorney's fees at trial and on
13 appeal.
14 Section 7. Paragraph (a) of subsection (1) and
15 paragraph (a) of subsection (2) of section 255.05, Florida
16 Statutes, are amended to read:
17 255.05 Bond of contractor constructing public
18 buildings; form; action by materialmen.--
19 (1)(a) Any person entering into a formal contract with
20 the state or any county, city, or political subdivision
21 thereof, or other public authority, for the construction of a
22 public building, for the prosecution and completion of a
23 public work, or for repairs upon a public building or public
24 work shall be required, before commencing the work or before
25 recommencing the work after a default or abandonment, to
26 execute, deliver to the public owner, and record in the public
27 records of the county where the improvement is located, a
28 payment and performance bond with a surety insurer authorized
29 to do business in this state as surety. The bond must state on
30 its front page: the name, principal business address, and
31 phone number of the contractor, the surety, the owner of the
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 property being improved, and, if different from the owner, the
2 contracting public entity; the contract number assigned by the
3 contracting public entity; and a description of the project
4 sufficient to identify it, such as including, if applicable, a
5 legal description or and the street address of the property
6 being improved, and a general description of the improvement.
7 Such bond shall be conditioned solely upon the contractor's
8 performance of the construction work that the contractor
9 perform the contract in the time and manner prescribed in the
10 contract and the contractor's prompt payment promptly make
11 payments to all persons defined in s. 713.01 who furnished
12 labor, services, or materials for whose claims derive directly
13 or indirectly from the prosecution of the work provided for in
14 the contract. Any claimant may apply to the governmental
15 entity having charge of the work for copies of the contract
16 and bond and shall thereupon be furnished with a certified
17 copy of the contract and bond. The claimant shall have a right
18 of action against the contractor and surety for the amount due
19 him or her, including unpaid finance charges due under the
20 claimant's contract. Such action shall not involve the public
21 authority in any expense. When such work is done for the
22 state and the contract is for $100,000 or less, no payment and
23 performance bond shall be required. At the discretion of the
24 official or board awarding such contract when such work is
25 done for any county, city, political subdivision, or public
26 authority, any person entering into such a contract which is
27 for $200,000 or less may be exempted from executing the
28 payment and performance bond. When such work is done for the
29 state, the Secretary of the Department of Management Services
30 may delegate to state agencies the authority to exempt any
31 person entering into such a contract amounting to more than
9
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 $100,000 but less than $200,000 from executing the payment and
2 performance bond. In the event such exemption is granted, the
3 officer or officials shall not be personally liable to persons
4 suffering loss because of granting such exemption. The
5 Department of Management Services shall maintain information
6 on the number of requests by state agencies for delegation of
7 authority to waive the bond requirements by agency and project
8 number and whether any request for delegation was denied and
9 the justification for the denial.
10 (2)(a)1. If a claimant is no longer furnishing labor,
11 services, or materials on a project, a contractor or the
12 contractor's agent or attorney may elect to shorten the
13 prescribed time in this paragraph within which an action to
14 enforce any claim against a payment bond provided pursuant to
15 this section may be commenced by recording in the clerk's
16 office a notice in substantially the following form:
17
18 NOTICE OF CONTEST OF CLAIM
19 AGAINST PAYMENT BOND
20
21
22 To: ...(Name and address of claimant)...
23 You are notified that the undersigned contests your
24 notice of nonpayment, dated ............, ........, and served
25 on the undersigned on ............, ........, and that the
26 time within which you may file suit to enforce your claim is
27 limited to 60 days after the date of service of this notice.
28
29 DATED on ............, .........
30
31
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 Signed:...(Contractor or Attorney)...
2
3
4 The claim of any claimant upon whom such notice is served and
5 who fails to institute a suit to enforce his or her claim
6 against the payment bond within 60 days after service of such
7 notice shall be extinguished automatically. The clerk shall
8 mail a copy of the notice of contest to the claimant at the
9 address shown in the notice of nonpayment or most recent
10 amendment thereto and shall certify to such service on the
11 face of such notice and record the notice. Service is complete
12 upon mailing.
13 2. A claimant, except a laborer, who is not in privity
14 with the contractor shall, before commencing or not later than
15 45 days after commencing to furnish labor, materials, or
16 supplies for the prosecution of the work, furnish the
17 contractor with a notice that he or she intends to look to the
18 bond for protection. A claimant who is not in privity with the
19 contractor and who has not received payment for his or her
20 labor, materials, or supplies shall deliver to the contractor
21 and to the surety written notice of the performance of the
22 labor or delivery of the materials or supplies and of the
23 nonpayment. The notice of nonpayment may be served at any time
24 during the progress of the work or thereafter but not before
25 45 days after the first furnishing of labor, services, or
26 materials, and not later than 90 days after the final
27 furnishing of the labor, services, or materials by the
28 claimant or, with respect to rental equipment, not later than
29 90 days after the date that the rental equipment was last on
30 the job site available for use. No action for the labor,
31 materials, or supplies may be instituted against the
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Amendment No. (for drafter's use only)
1 contractor or the surety unless both notices have been given.
2 Notices required or permitted under this section may be served
3 in accordance with s. 713.18. An action, except for an action
4 exclusively for recovery of retainage, must be instituted
5 against the contractor or the surety on the payment bond or
6 the payment provisions of a combined payment and performance
7 bond within 1 year after the performance of the labor or
8 completion of delivery of the materials or supplies. An action
9 exclusively for recovery of retainage must be instituted
10 against the contractor or the surety within 1 year after the
11 performance of the labor or completion of delivery of the
12 materials or supplies, or within 90 days after the
13 contractor's receipt of final payment (or the payment estimate
14 containing the owner's final reconciliation of quantities if
15 no further payment is earned and due as a result of deductive
16 adjustments) by the contractor or surety, whichever comes
17 last. A claimant may not waive in advance his or her right to
18 bring an action under the bond against the surety. In any
19 action brought to enforce a claim against a payment bond under
20 this section, the prevailing party is entitled to recover a
21 reasonable fee for the services of his or her attorney for
22 trial and appeal or for arbitration, in an amount to be
23 determined by the court, which fee must be taxed as part of
24 the prevailing party's costs, as allowed in equitable actions.
25 The time periods for service of a notice of nonpayment or for
26 bringing an action against a contractor or a surety shall be
27 measured from the last day of furnishing labor, services, or
28 materials by the claimant and shall not be measured by other
29 standards, such as the issuance of a certificate of occupancy
30 or the issuance of a certificate of substantial completion.
31 Section 8. Effective upon this act becoming a law, the
12
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 Office of Program Policy Analysis and Government
2 Accountability (OPPAGA), in consultation with the Legislative
3 Committee on Intergovernmental Relations, shall:
4 (1) Conduct a study of construction retainage methods
5 for public and private construction within the state of
6 Florida. OPPAGA shall examine all relevant information,
7 including, but not limited to the following:
8 (a) Information from various state and local
9 governmental entities, public universities, and community
10 colleges within the state of Florida.
11 (b) Information from the federal government and other
12 states who have addressed construction payment or retainage
13 issues, including states that are of comparable size to the
14 state of Florida or that have a comparable amount of public or
15 private construction activity as the state of Florida.
16 (c) Information from public and private owners,
17 general contractors, subcontractors, material suppliers,
18 construction managers, design-build professionals, architects,
19 and engineers.
20 (d) Information from lenders and surety companies who
21 are involved in public and private construction.
22 (2) Draw conclusions and make recommendations, as
23 appropriate, with regard to the following issues:
24 (a) Whether the state should adopt new laws or modify
25 existing laws to address the specific issues set forth below,
26 and whether any existing statutes will require modification or
27 repeal.
28 (b) The positive and negative impacts of the current
29 systems of retainage being utilized throughout the state as
30 applied to public sector and private sector construction
31 contracts, and as between owners and contractors, between
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 contractors and subcontractors, and between subcontractors and
2 subcontractor.
3 (c) Whether the traditional 10 percent retainage
4 practice in construction is equitable and whether there are
5 viable alternatives to this practice.
6 (d) What may be an appropriate percentage of retainage
7 to be held on all construction projects.
8 (e) What the purposes of retainage are for
9 construction projects.
10 (f) Whether it is appropriate to hold all retainage
11 until the end of a construction project or whether periodic
12 release of retainage or release of retainage for specific
13 divisions of work on a construction project is appropriate and
14 reasonably manageable.
15 (g) What protections are currently in place for owners
16 to insure that construction projects are progressing in a
17 satisfactory manner, including, but not limited to, project
18 management techniques, periodic inspections, services of
19 project architects and engineers, and whether those
20 protections are being adequately and properly utilized.
21 (h) What protections are currently in place or could
22 be adopted for owners, contractors, and subcontractors through
23 the utilization of construction payment and performance bonds.
24 (i) Whether the documentation required for
25 construction projects contributes to delays in progress
26 payments, final payments, and release of retainage; whether
27 such requirements could be simplified or standardized to
28 streamline the process; and whether it is appropriate for the
29 Legislature to address this issue.
30 (j) Whether the Legislature should limit the
31 percentage of retainage that can be held on public and private
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 construction projects.
2 (k) Whether the Legislature should provide for
3 periodic release of retainage on public and private
4 construction projects.
5 (l) Whether the Legislature should establish
6 requirements and time limits for owners and contractors to
7 release final payment and retainage on all construction
8 projects.
9 (3) OPPAGA shall present a report of its findings and
10 recommendations to the President of the Senate, the Speaker of
11 the House of Representatives, minority leaders of the Senate
12 and House of Representatives, and chairs of the House Business
13 Regulation & Consumer Affairs Committee and the Senate
14 Regulated Industries Committee by January 1, 2001.
15 Section 9. Subsections (14) through (26) of section
16 633.021, Florida Statutes, are renumbered as subsections (15)
17 through (27), and a new subsection (14) is added to said
18 section, to read:
19 633.021 Definitions.--As used in this chapter:
20 (14) "Layout" as used in this chapter means the layout
21 of risers, cross mains, branch lines, sprinkler heads, sizing
22 of pipe, hanger locations, and hydraulic calculations in
23 accordance with the design concepts established through the
24 provisions of s. 553.79(6)(c).
25 Section 10. Subsections (1) and (3) of section
26 471.025, Florida Statutes, are amended to read:
27 471.025 Seals.--
28 (1) The board shall prescribe, by rule, a form of seal
29 to be used by registrants holding valid certificates of
30 registration. Each registrant shall obtain an impression-type
31 metal seal in the form aforesaid and may, in addition,
15
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 register his or her seal electronically in accordance with ss.
2 282.70-282.75. All final drawings, specifications, plans,
3 reports, or documents prepared or issued by the registrant and
4 being filed for public record and all final bid documents
5 provided to the owner or the owner's representative shall be
6 signed by the registrant, dated, and stamped with said seal.
7 Such signature, date, and seal shall be evidence of the
8 authenticity of that to which they are affixed. Drawings,
9 specifications, plans, reports, final bid documents, or
10 documents prepared or issued by a registrant may be
11 transmitted electronically and may be signed by the
12 registrant, dated, and stamped electronically with said seal
13 in accordance with ss. 282.70-282.75.
14 (3) No registrant shall affix or permit to be affixed
15 his or her seal, name, or digital signature to any plan,
16 specification, drawing, final bid document, or other document
17 that which depicts work which he or she is not licensed to
18 perform or which is beyond his or her profession or specialty
19 therein.
20 Section 11. Section 468.619, Florida Statutes, is
21 created to read:
22 468.619 Building code enforcement officials' bill of
23 rights.--
24 (1) It is the finding of the Legislature that building
25 code enforcement officials are employed by local jurisdictions
26 to exercise police powers of the state in the course of their
27 duties and are in that way similar to law enforcement
28 personnel, correctional officers, and firefighters. It is the
29 further finding of the Legislature that building code
30 enforcement officials are thereby sufficiently distinguishable
31 from other professionals regulated by the department so that
16
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Bill No. HB 2239
Amendment No. (for drafter's use only)
1 their circumstances merit additional specific protections in
2 the course of disciplinary investigations and proceedings
3 against their licenses.
4 (2) All enforcement officials licensed under this part
5 shall have the rights and privileges specified in this
6 section. Such rights are not exclusive to other rights, and an
7 enforcement official does not forfeit any rights otherwise
8 held under federal, state, or local law. In any instance of a
9 conflict between a provision of this section and a provision
10 of chapter 455, the provision of this section shall supersede
11 the provision of chapter 455.
12 (3) Whenever an enforcement official is subjected to
13 an investigative interview for possible disciplinary action by
14 the department, such interview shall be conducted pursuant to
15 the requirements of this subsection.
16 (a) The interview shall take place at a reasonable
17 hour. If the interview is taken in person, it shall take place
18 not more than 30 miles from where the licensee works, or at
19 any other mutually agreeable location or time.
20 (b) An enforcement official may not be subjected to an
21 interview without first receiving written notice of sufficient
22 details of the complaint in order to be reasonably apprised of
23 the nature of the investigation and of the substance of the
24 allegations made. The enforcement official shall be informed
25 prior to the interview whether the complaint originated from
26 the department or from a consumer.
27 (c) At his or her request, an enforcement official
28 under investigation shall have the right to be represented by
29 counsel or by any other representative of his or her choice,
30 who shall be present at such time as the enforcement official
31 wishes during the interview.
17
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 (d) During the interview, the enforcement official may
2 not be subjected to offensive language. No promise may be made
3 or reward offered to the enforcement official as an inducement
4 to answer any question.
5 (e) If requested by the enforcement official, the
6 interview of an enforcement official, including notation of
7 all recess periods, must be recorded on audio tape, or
8 otherwise preserved in such a manner as to allow a transcript
9 to be prepared, and there shall be no unrecorded questions or
10 statements. Upon the request of the enforcement official, a
11 copy of any such recording of the interview must be made
12 available to the enforcement official no later than 72 hours
13 following the interview, excluding holidays and weekends. The
14 expense of the recording and transcript shall be borne by the
15 enforcement official.
16 (f) If the testimony is transcribed, the transcript
17 must be furnished to the enforcement official for examination,
18 and shall be read to or by the enforcement official, unless
19 waived by all parties involved. Any changes in form or
20 substance that the enforcement official wants to make shall be
21 listed in writing, with a statement of the reasons for making
22 the changes. The changes shall be attached to the transcript.
23 Any transcript of an interview with an enforcement official
24 which is to be used in any proceeding against the enforcement
25 official shall be sworn or affirmed to and acknowledged by the
26 enforcement official.
27 (4) The investigation of a complaint against an
28 enforcement official is subject to the time restrictions set
29 forth in this subsection, and failure to comply with any time
30 restriction set forth in this subsection shall result in
31 dismissal of the complaint against the enforcement official.
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 An investigation of a complaint against an enforcement
2 official that was dismissed for failure to comply with a time
3 restriction set forth in this subsection may not be reopened.
4 However, in any instance of an additional complaint being
5 initiated, information or investigation related to the
6 dismissed complaint may be used.
7 (a) The department must inform the enforcement
8 official of any legally sufficient complaint received,
9 including the substance of the allegation, within 10 days
10 after receipt of the complaint by the department.
11 (b) The enforcement official shall be given thirty
12 (30) days to respond to any legally sufficient complaint.
13 (c) No longer than 180 days from the date of the
14 receipt of the complaint, the department shall submit the
15 investigation, whether complete or not, to the probable cause
16 panel for review. In the event the investigation is not
17 complete, the probable cause panel shall review and instruct
18 the department to complete the investigation within a time
19 certain and, in no event, greater than ninety (90) days or
20 dismiss the complaint with prejudice.
21 (5) The enforcement official shall be considered an
22 agent of the governmental entity employing him or her and as
23 such shall be defended by that entity in any action brought by
24 the department or the board, provided the enforcement official
25 is working within the scope of his or her employment.
26 (6) An enforcement official shall not be subject to
27 disciplinary action in regard to his or her certification for
28 exercising his or her rights under this section.
29 (7) If any action taken against the enforcement
30 official by the department or the board is found to be without
31 merit by a court of competent jurisdiction, or if judgment in
19
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 such an action is awarded to the enforcement official, the
2 department or the board, or the assignee of the department or
3 board, shall reimburse the enforcement official or his or her
4 employer, as appropriate, for reasonable legal costs and
5 reasonable attorney's fees incurred. The amount awarded shall
6 not exceed the limit provided in s. 120.595.
7 (8) An enforcement official may bring civil suit
8 against any person, group of persons, or organization or
9 corporation, or the head of such organization or corporation,
10 for damages, either pecuniary or otherwise, suffered pursuant
11 to the performance of the enforcement official's duties or for
12 abridgement of the enforcement official's civil rights arising
13 out of the enforcement official's performance of official
14 duties.
15 (9) Notwithstanding any other provision in law, while
16 under investigation the enforcement official shall not be
17 denied any and all the rights and privileges of a licensee in
18 good standing.
19 Section 12. Section 489.507, Florida Statutes, is
20 amended to read:
21 489.507 Electrical Contractors' Licensing Board.--
22 (1) There is created in the department the Electrical
23 Contractors' Licensing Board. The board shall consist of 11
24 members, 7 of whom shall be certified electrical contractors,
25 2 of whom shall be consumer members who are not, and have
26 never been, electrical contractors or members of any closely
27 related profession or occupation, and 2 of whom shall be
28 certified alarm system contractors I. Members shall be
29 appointed for 4-year terms.
30 (2) To be eligible to serve, each contractor member
31 must have been certified by the board to operate as a
20
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 contractor in the category with respect to which the member is
2 appointed, be actively engaged in the construction business,
3 and have been so engaged for a period of not less than 5
4 consecutive years before the date of appointment. Each
5 appointee must be a citizen and resident of the state.
6 (3) The board has authority to adopt rules pursuant to
7 ss. 120.536(1) and 120.54 to implement the provisions of this
8 part.
9 (4) It is the intent of the Legislature that the board
10 promulgate no rules and take no action to require that
11 applicants for certification as alarm system contractors serve
12 any type of apprenticeship before being allowed to sit for the
13 certification examination.
14 (5) Any proposed board rule which has not been
15 modified to remove proposed committee objections of the
16 Administrative Procedures Committee must receive approval from
17 the department prior to filing the rule with the Department of
18 State for final adoption. The department may repeal any rule
19 enacted by the board which has taken effect without having met
20 proposed committee objections of the Administrative Procedures
21 Committee.
22 (6)(5) The Electrical Contractors' Licensing Board and
23 the Construction Industry Licensing Board shall each appoint a
24 committee to meet jointly at least twice a year.
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 1, line 2 after the semicoln
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 amending s. 218.72, F.S.; redefining the terms
2 "local government entity," "purchase," and
3 "construction services" and defining the terms
4 "payment request" and "agent" for the purpose
5 of the Florida Prompt Payment Act; amending s.
6 218.73, F.S.; providing for timely payment for
7 nonconstruction services; amending s. 218.735,
8 F.S.; revising language with respect to timely
9 payment for purchases of construction services;
10 amending s. 218.74, F.S.; revising language
11 with respect to procedures for calculation of
12 payment due dates; amending s. 218.75, F.S.;
13 revising language with respect to mandatory
14 interest; amending s. 218.76, F.S.; revising
15 language with respect to improper invoices and
16 resolution of disputes; providing for the
17 recovery of court costs and attorney's fees
18 under certain circumstances; amending s.
19 255.05, F.S.; revising language with respect to
20 the bond of a contractor constructing public
21 buildings; requiring the Office of Program
22 Policy Analysis and Government Accountability,
23 in consultation with the Legislative Committee
24 on Intergovernmental Relations, to conduct a
25 study of construction retainage methods;
26 specifying areas to be examined; requiring
27 study conclusions and recommendations; amending
28 s. 633.021, F.S.; adding a definition of
29 "layout"; amending s. 471.025, F.S.; adding a
30 circumstance under which engineering documents
31 must be sealed; creating 468.619, F.S.;
22
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HOUSE AMENDMENT
Bill No. HB 2239
Amendment No. (for drafter's use only)
1 providing additional due process controls
2 regarding disciplining building code
3 enforcement officials; amending s. 489.507,
4 F.S.; limiting the rulemaking authority of the
5 Electrical Contractors' Licensing Board;
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