Senate Bill sb1824
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Florida Senate - 2001 SB 1824
By Senator Sanderson
31-658-01 See HB
1 A bill to be entitled
2 An act relating to electrical and alarm system
3 contracting; amending s. 489.505, F.S.;
4 providing definitions; amending s. 489.507,
5 F.S.; revising membership of the Electrical
6 Contractors' Licensing Board; granting
7 rulemaking authority to the board to implement
8 the limited certification licensure category;
9 requiring the board to employ staff sufficient
10 to ensure uniform and prompt regulation of
11 electrical and alarm system contracting;
12 requiring the board to review its operations to
13 determine whether there are functions or
14 services of the board that can be outsourced to
15 increase productivity; providing for transition
16 from registration to limited certification;
17 amending s. 489.509, F.S.; revising and
18 providing fees; creating s. 489.512, F.S.;
19 providing for limited certification of
20 registered electrical and alarm system
21 contractors; providing requirements with
22 respect to limited certification; providing for
23 expiration of such licensure category;
24 repealing s. 489.513, F.S., to eliminate
25 registration of electrical and alarm system
26 contracting; revising various provisions of pt.
27 II, ch. 489, F.S., relating to electrical and
28 alarm system contracting, to conform; amending
29 s. 489.514, F.S.; extending certification
30 grandfathering provisions to limited
31 certificateholders; amending s. 489.516, F.S.;
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Florida Senate - 2001 SB 1824
31-658-01 See HB
1 requiring persons desiring to engage in
2 electrical or alarm system contracting in the
3 state to be certified; deleting the requirement
4 to pay the fee for a local occupational
5 license; amending s. 489.517, F.S.; providing
6 for quadrennial renewal of certificates;
7 revising continuing education requirements, to
8 conform; amending s. 489.5185, F.S.; providing
9 for quadrennial renewal of identification cards
10 of fire alarm system agents; revising
11 continuing education requirements, to conform;
12 amending s. 489.521, F.S.; deleting
13 requirements of business organizations relating
14 to local occupational licenses; repealing s.
15 489.5315, F.S., relating to exemption of
16 proprietary electrical and alarm contractors
17 from local occupational licensure requirements;
18 amending s. 489.537, F.S.; deleting provisions
19 that preserve the power of counties and
20 municipalities to collect local occupational
21 license and inspection fees, require a bond for
22 each electrical contractor, and create local
23 boards; deleting provisions relating to
24 registration; amending s. 489.5335, F.S.;
25 providing for a statewide journeyman competency
26 card; requiring a fee; amending ss. 489.503,
27 489.510, 489.511, 489.515, 489.518, 489.519,
28 489.520, 489.523, 489.531, 489.533, F.S.;
29 deleting or revising references and provisions
30 relating to registration, to conform; amending
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Florida Senate - 2001 SB 1824
31-658-01 See HB
1 s. 205.194, F.S.; conforming cross-references;
2 providing effective dates.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (1), (16), and (20) of section
7 489.503, Florida Statutes, are amended to read:
8 489.503 Exemptions.--This part does not apply to:
9 (1) Any employee of a certificateholder, registrant,
10 or business organization authorized to engage in contracting
11 who is acting within the scope of the license held by that
12 certificateholder or registrant and with the knowledge and
13 permission of the licenseholder. However:
14 (a) If the employer is not a certificateholder or
15 registrant in that type of contracting, and the employee
16 performs any of the following, the employee is not exempt:
17 1. Holds himself or herself or his or her employer out
18 to be licensed or qualified by a licensee;
19 2. Leads the consumer to believe that the employee has
20 an ownership or management interest in the company; or
21 3. Performs any of the acts which constitute
22 contracting.
23 (b) The legislative intent of this subsection is to
24 place equal responsibility on the unlicensed business and its
25 employees for the protection of the consumers in contracting
26 transactions.
27
28 For the purpose of this part, "employee" is defined as a
29 person who receives compensation from, and is under the
30 supervision and control of, an employer who regularly deducts
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Florida Senate - 2001 SB 1824
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1 the F.I.C.A. and withholding tax and provides workers'
2 compensation, all as prescribed by law.
3 (16) The monitoring of a personal emergency response
4 system, as defined in s. 489.505, by a charitable,
5 not-for-profit corporation acting in accordance with a
6 contractual agreement with the Agency for Health Care
7 Administration or one of its licensed health care facilities,
8 the Department of Elderly Affairs, or the Department of
9 Children and Family Services, providing that the organization
10 does not perform any other service requiring certification or
11 registration under this part. Nothing in this subsection shall
12 be construed to provide any of the agencies mentioned in this
13 subsection the authority to develop rules, criteria, or policy
14 pursuant to this subsection.
15 (20) Contracting for repair, maintenance, remodeling,
16 or improvement by any person licensed under part I of chapter
17 475 while acting as the owner's agent pursuant to that
18 license, where all work requiring a contractor is performed by
19 a contractor who has a current, valid certificate or
20 registration issued under this part to perform such work, and
21 where the aggregate contract for labor, materials, and all
22 other items is less than $5,000; however, this exemption does
23 not apply:
24 (a) If the maintenance, repair, remodeling, or
25 improvement is a part of a larger or major operation, whether
26 undertaken by the same or a different contractor, or in which
27 a division of the operation is made in contracts of amounts
28 less than $5,000 for the purpose of evading this part or
29 otherwise.
30 (b) To a person who advertises that he or she is
31 qualified to engage in contracting.
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Florida Senate - 2001 SB 1824
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1 Section 2. Section 489.505, Florida Statutes, is
2 amended to read:
3 489.505 Definitions.--As used in this part:
4 (1) "Alarm system" means any electrical device,
5 signaling device, or combination of electrical devices used to
6 signal or detect a burglary, fire, robbery, or medical
7 emergency.
8 (2) "Alarm system contractor" means a person whose
9 business includes the execution of contracts requiring the
10 ability, experience, science, knowledge, and skill to lay out,
11 fabricate, install, maintain, alter, repair, monitor, inspect,
12 replace, or service alarm systems for compensation, including,
13 but not limited to, all types of alarm systems for all
14 purposes.
15 (a) "Alarm system contractor I" means an alarm system
16 contractor whose business includes all types of alarm systems
17 for all purposes.
18 (b) "Alarm system contractor II" means an alarm system
19 contractor whose business includes all types of alarm systems
20 other than fire, for all purposes, except as herein provided.
21 (3) "Board," except "local board," means the
22 Electrical Contractors' Licensing Board created by this part.
23 (4) "Certificate" means a geographically unlimited
24 certificate of competency issued by the department as provided
25 in this part.
26 (5) "Certificateholder" means a contractor who has
27 obtained a certificate of competency.
28 (6) "Certification" means the act of obtaining or
29 holding a certificate of competency from the department as
30 provided in this part.
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1 (7) "Certified alarm system contractor" means an alarm
2 system contractor who possesses a certificate of competency
3 issued by the department. The scope of certification is
4 limited to alarm circuits originating in the alarm control
5 panel and equipment governed by the applicable provisions of
6 Articles 725, 760, 770, 800, and 810 of the National
7 Electrical Code, Current Edition, and National Fire Protection
8 Association Standard 72, Current Edition. The scope of
9 certification for alarm system contractors also includes the
10 installation, repair, fabrication, erection, alteration,
11 addition, or design of electrical wiring, fixtures,
12 appliances, thermostats, apparatus, raceways, and conduit, or
13 any part thereof not to exceed 77 volts, when those items are
14 for the purpose of transmitting data or proprietary video
15 (satellite systems that are not part of a community antenna
16 television or radio distribution system) or providing central
17 vacuum capability or electric locks; however, this provision
18 governing the scope of certification does not create any
19 mandatory licensure requirement.
20 (8) "Certified electrical contractor" means an
21 electrical contractor who possesses a certificate of
22 competency issued by the department.
23 (9) "Contracting" means, except where exempted in this
24 part, engaging in business as a contractor or performing
25 electrical or alarm work for compensation and includes, but is
26 not limited to, performance of any of the acts found in
27 subsections (2) and (12), which define the services which a
28 contractor is allowed to perform. The attempted sale of
29 contracting services and the negotiation or bid for a contract
30 on these services also constitutes contracting. If the
31 services offered require licensure or agent qualification, the
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1 offering, negotiation for a bid, or attempted sale of these
2 services requires the corresponding licensure.
3 (10) "Contractor" means a person who is qualified to
4 engage in the business of electrical or alarm system
5 contracting pursuant to a certificate or registration issued
6 by the department.
7 (11) "Department" means the Department of Business and
8 Professional Regulation.
9 (12) "Electrical contractor" or "unlimited electrical
10 contractor" means a person who conducts business in the
11 electrical trade field and who has the experience, knowledge,
12 and skill to install, repair, alter, add to, or design, in
13 compliance with law, electrical wiring, fixtures, appliances,
14 apparatus, raceways, conduit, or any part thereof, which
15 generates, transmits, transforms, or utilizes electrical
16 energy in any form, including the electrical installations and
17 systems within plants and substations, all in compliance with
18 applicable plans, specifications, codes, laws, and
19 regulations. The term means any person, firm, or corporation
20 that engages in the business of electrical contracting under
21 an express or implied contract; or that undertakes, offers to
22 undertake, purports to have the capacity to undertake, or
23 submits a bid to engage in the business of electrical
24 contracting; or that does itself or by or through others
25 engage in the business of electrical contracting.
26 (13) "Journeyman" means a person working in an
27 apprenticeable occupation who has successfully completed a
28 registered apprenticeship program or who has worked the number
29 of years required by established industry practices for the
30 particular trade or occupation.
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1 (14) "Limited certified alarm system contractor" means
2 an alarm system contractor who possesses a limited certificate
3 of competency issued by the department.
4 (15) "Limited certified electrical contractor" means
5 an electrical contractor who possesses a limited certificate
6 of competency issued by the department.
7 (16)(13) "Local construction regulation board" or
8 "local board" means a board, composed of not fewer than three
9 residents of a county or municipality, which the governing
10 body of that county or municipality may create and appoint to
11 maintain the proper standard of construction of that county or
12 municipality.
13 (17)(14) "Primary qualifying agent" means a person who
14 possesses the requisite skill, knowledge, and experience, and
15 has the responsibility, to supervise, direct, manage, and
16 control the electrical or alarm system contracting activities
17 of the business organization with which he or she is
18 connected; and whose technical and personal qualifications
19 have been determined by investigation and examination as
20 provided in this part by the department, as attested to by the
21 board; and who has been issued a certificate of competency by
22 the department.
23 (18)(15) "Secondary qualifying agent" means a person
24 who possesses the requisite skill, knowledge, and experience,
25 and has the responsibility to supervise, direct, manage, and
26 control the electrical or alarm system contracting activities
27 on a job for which he or she has obtained a permit; and whose
28 technical and personal qualifications have been determined by
29 investigation and examination as provided in this part by the
30 department, as attested to by the board; and who has been
31 issued a certificate of competency by the department.
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1 (16) "Registered electrical contractor" means an
2 electrical contractor who has registered with the department
3 pursuant to fulfilling the competency requirements in the
4 jurisdiction for which the registration is issued. A
5 registered electrical contractor may contract only in the
6 jurisdiction for which his or her registration is issued.
7 (17) "Registration" means registration with the
8 department as provided in this part.
9 (18) "Registrant" means a person who has registered
10 with the department pursuant to the requirements of this part.
11 (19) "Specialty contractor" means a contractor whose
12 scope of practice is limited to a specific segment of
13 electrical or alarm system contracting, including, but not
14 limited to, residential electrical contracting, maintenance of
15 electrical fixtures, and fabrication, erection, installation,
16 and maintenance of electrical advertising signs together with
17 the interrelated parts and supports thereof. Categories of
18 specialty contractor shall be established by board rule.
19 (20) "Mediation" means a process whereby a neutral
20 third party acts to encourage and facilitate the resolution of
21 a dispute without prescribing what it should be. It is an
22 informal and nonadversarial process with the objective of
23 helping the disputing parties reach a mutually acceptable
24 agreement.
25 (21) "Registered alarm system contractor I" means an
26 alarm system contractor whose business includes all types of
27 alarm systems for all purposes and who is registered with the
28 department pursuant to s. 489.513. A registered alarm system
29 contractor I may contract only in the jurisdictions for which
30 his or her registration is issued.
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1 (22) "Registered alarm system contractor II" means an
2 alarm system contractor whose business includes all types of
3 alarm systems, other than fire, for all purposes and who is
4 registered with the department pursuant to s. 489.513. A
5 registered alarm system contractor II may contract only in the
6 jurisdiction for which his or her registration is issued.
7 (23) "Registered residential alarm system contractor"
8 means an alarm system contractor whose business is limited to
9 burglar alarm systems in single-family residential, quadruplex
10 housing, and mobile homes of a residential occupancy class and
11 who is registered with the department pursuant to s. 489.513.
12 The board shall define "residential occupancy class" by rule.
13 A registered residential alarm system contractor may contract
14 only in the jurisdiction for which his or her registration is
15 issued.
16 (21)(24) "Licensure" means any type of certification
17 or registration provided for in this part.
18 (22)(25) "Burglar alarm system agent" means a person:
19 (a) Who is employed by a licensed alarm system
20 contractor or licensed electrical contractor;
21 (b) Who is performing duties which are an element of
22 an activity which constitutes alarm system contracting
23 requiring licensure under this part; and
24 (c) Whose specific duties include any of the
25 following: altering, installing, maintaining, moving,
26 repairing, replacing, servicing, selling onsite, or monitoring
27 an intrusion or burglar alarm system for compensation.
28 (23)(26) "Personal emergency response system" means
29 any device which is simply plugged into a telephone jack or
30 electrical receptacle and which is designed to initiate a
31 telephone call to a person who responds to, or has a
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1 responsibility to determine the proper response to, personal
2 emergencies, but does not include hard-wired or wireless alarm
3 systems designed to detect intrusion or fire.
4 (24)(27) "Monitoring" means to receive electrical or
5 electronic signals, originating from any building within the
6 state, produced by any security, medical, fire, or burglar
7 alarm, closed circuit television camera, or related or similar
8 protective system and to initiate a response thereto. A
9 person shall not have committed the act of monitoring if:
10 (a) The person is an occupant of, or an employee
11 working within, protected premises;
12 (b) The person initiates emergency action in response
13 to hearing or observing an alarm signal;
14 (c) The person's action is incidental to his or her
15 primary responsibilities; and
16 (d) The person is not employed in a proprietary
17 monitoring facility, as defined by the National Fire
18 Protection Association pursuant to rule adopted under chapter
19 633.
20 (25)(28) "Fire alarm system agent" means a person:
21 (a) Who is employed by a licensed fire alarm
22 contractor or certified unlimited electrical contractor;
23 (b) Who is performing duties which are an element of
24 an activity that constitutes fire alarm system contracting
25 requiring certification under this part; and
26 (c) Whose specific duties include any of the
27 following: altering, installing, maintaining, moving,
28 repairing, replacing, servicing, selling onsite, or monitoring
29 a fire alarm system for compensation.
30 Section 3. Section 489.507, Florida Statutes, is
31 amended to read:
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1 489.507 Electrical Contractors' Licensing Board.--
2 (1) There is created in the department the Electrical
3 Contractors' Licensing Board. The board shall consist of 13
4 11 members, 7 of whom shall be certified electrical
5 contractors, 2 of whom shall be certified alarm system
6 contractors I, 2 of whom shall be limited certified electrical
7 contractors, and 2 of whom shall be consumer members who are
8 not, and have never been, electrical contractors or members of
9 any closely related profession or occupation, and 2 of whom
10 shall be certified alarm system contractors I. Members shall
11 be appointed by the Governor, subject to confirmation by the
12 Senate. Members shall be appointed for 4-year terms.
13 (2) To be eligible to serve, each contractor member
14 must have been certified by the board to operate as a
15 contractor in the category with respect to which the member is
16 appointed, be actively engaged in the construction business,
17 and have been so engaged for a period of not less than 5
18 consecutive years before the date of appointment. Each
19 appointee must be a citizen and resident of the state.
20 (3)(a) The board has authority to adopt rules pursuant
21 to ss. 120.536(1) and 120.54 to implement the provisions of
22 this part.
23 (b)(4) Notwithstanding paragraph (a), It is the intent
24 of the Legislature that the board may not adopt any rule or
25 take any promulgate no rules and take no action to require
26 that applicants for certification as alarm system contractors
27 serve any type of apprenticeship before being allowed to sit
28 for the certification examination.
29 (c)(5) Any proposed board rule which has not been
30 modified to remove proposed committee objections of the
31 Administrative Procedures Committee must receive approval from
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1 the department prior to filing the rule with the Department of
2 State for final adoption. The department may repeal any rule
3 enacted by the board which has taken effect without having met
4 proposed committee objections of the Administrative Procedures
5 Committee.
6 (4) The board shall employ staff sufficient to ensure
7 uniform and prompt regulation under this part. The board
8 shall also regularly review its operations to determine
9 whether there are functions or services it provides under this
10 part that can be outsourced to increase productivity.
11 (5)(6) The Electrical Contractors' Licensing Board and
12 the Construction Industry Licensing Board shall each appoint a
13 committee to meet jointly at least twice a year.
14 Section 4. Effective upon this act becoming a law, the
15 Electrical Contractors' Licensing Board may begin
16 implementation of the limited certification licensure category
17 pursuant to its authority under section 489.507(3), Florida
18 Statutes, to effect the transition from registration to
19 limited certification on October 1, 2001, as contemplated by
20 this act.
21 Section 5. Subsections (1) and (2) of section 489.509,
22 Florida Statutes, are amended to read:
23 489.509 Fees.--
24 (1) The board, by rule, shall establish fees to be
25 paid for applications, examination, reexamination, transfers,
26 licensing and renewal, reinstatement, and recordmaking and
27 recordkeeping. The examination fee shall be in an amount that
28 covers the cost of obtaining and administering the examination
29 and shall be refunded if the applicant is found ineligible to
30 sit for the examination. The application fee is nonrefundable.
31 The fee for initial application and examination for
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1 certification of electrical contractors may not exceed $400.
2 The initial application fee for registration may not exceed
3 $150. The quadrennial biennial renewal fee may not exceed $400
4 for full certificateholders and $200 for limited
5 certificateholders registrants. The fee for initial
6 application and examination for certification of alarm system
7 contractors may not exceed $400. The quadrennial biennial
8 renewal fee for certified alarm system contractors may not
9 exceed $450. The board may establish a fee for a temporary
10 certificate as an alarm system contractor not to exceed $75.
11 The board may also establish by rule a delinquency fee not to
12 exceed $50. The fee to transfer a certificate or registration
13 from one business organization to another may not exceed $200.
14 The fee for reactivation of an inactive license may not exceed
15 $50. The board shall establish fees that are adequate to
16 ensure the continued operation of the board. Fees shall be
17 based on department estimates of the revenue required to
18 implement this part and the provisions of law with respect to
19 the regulation of electrical contractors and alarm system
20 contractors.
21 (2) A person who is registered or holds a valid
22 certificate may go on inactive status during which time he or
23 she shall not engage in contracting, but may retain the
24 certificate or registration on an inactive basis, on payment
25 of a renewal fee during the inactive period, not to exceed $50
26 per renewal period.
27 Section 6. Section 489.510, Florida Statutes, is
28 amended to read:
29 489.510 Evidence of workers' compensation
30 coverage.--Any person, business organization, or qualifying
31 agent engaged in the business of contracting in this state and
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1 certified or registered under this part shall, as a condition
2 precedent to the issuance or renewal of a certificate or
3 registration of the contractor, provide to the Electrical
4 Contractors' Licensing Board, as provided by board rule,
5 evidence of workers' compensation coverage pursuant to chapter
6 440. In the event that the Division of Workers' Compensation
7 of the Department of Labor and Employment Security receives
8 notice of the cancellation of a policy of workers'
9 compensation insurance insuring a person or entity governed by
10 this section, the Division of Workers' Compensation shall
11 certify and identify all persons or entities by certification
12 or registration license number to the department after
13 verification is made by the Division of Workers' Compensation
14 that such cancellation has occurred or that persons or
15 entities governed by this section are no longer covered by
16 workers' compensation insurance. Such certification and
17 verification by the Division of Workers' Compensation shall
18 result solely from records furnished to the Division of
19 Workers' Compensation by the persons or entities governed by
20 this section. The department shall notify the persons or
21 entities governed by this section who have been determined to
22 be in noncompliance with chapter 440, and the persons or
23 entities notified shall provide certification of compliance
24 with chapter 440 to the department and pay an administrative
25 fine as provided by rule. The failure to maintain workers'
26 compensation coverage as required by law shall be grounds for
27 the board to revoke, suspend, or deny the issuance or renewal
28 of a certificate or registration of the contractor under the
29 provisions of s. 489.533.
30 Section 7. Subsection (7) of section 489.511, Florida
31 Statutes, is amended to read:
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1 489.511 Certification; application; examinations;
2 endorsement.--
3 (7) Upon the issuance of a certificate, any previously
4 issued registered licenses for the classification in which the
5 certification is issued are rendered void.
6 Section 8. Section 489.512, Florida Statutes, is
7 created to read:
8 489.512 Limited certification.--
9 (1)(a) Each contractor who on October 1, 2001, is the
10 holder of a current, valid registration which was issued under
11 this part prior to that date shall be redesignated as a
12 limited certified electrical or alarm system contractor, as
13 applicable, and issued the applicable limited certificate by
14 the department. A limited certificate permits the holder to
15 engage in contracting only in the area and for the type of
16 work covered by the registration the limited certificate is
17 replacing.
18 (b) A limited certificate may be renewed but may not
19 be expanded to cover areas of the state or types of work other
20 than those covered by the original certificate. A contractor
21 may only work in other areas of the state or other types of
22 work by obtaining full certification under s. 489.514 or s.
23 489.516.
24 (c) New limited certificates may not be issued, and
25 the licensure category shall expire upon expiration of the
26 last limited certificate.
27 (2) The local jurisdictions shall be responsible for
28 providing code violation information pursuant to s. 553.781
29 and disciplinary information on limited certified electrical
30 or alarm system contractors to the board within 30 days after
31 any disciplinary action, and the board shall maintain such
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1 information as is provided to them and shall make such
2 information available through the automated information system
3 provided pursuant to s. 455.2286.
4 Section 9. Section 489.513, Florida Statutes, is
5 repealed.
6 Section 10. Section 489.514, Florida Statutes, is
7 amended to read:
8 489.514 Certification for limited certified registered
9 contractors; grandfathering provisions.--
10 (1) The board shall, upon receipt of a completed
11 application, appropriate fee, and proof of compliance with the
12 provisions of this section, issue:
13 (a) To an applying limited certified registered
14 electrical contractor, a certificate as an electrical
15 contractor, as defined in s. 489.505(12); or
16 (b) To an applying limited certified registered alarm
17 system contractor, a certificate in the matching alarm system
18 contractor category, as defined in s. 489.505(2)(a) or (b); or
19 (c) To an applying limited certified registered
20 electrical speciality contractor, a certificate in the
21 matching electrical speciality contractor category, as defined
22 in s. 489.505(19).
23 (2) Any limited certified contractor registered under
24 this part who makes application under this section to the
25 board shall meet each of the following requirements for
26 certification:
27 (a) Currently holds a valid limited certified
28 registered local license in the category of electrical
29 contractor, alarm system contractor, or electrical speciality
30 contractor.
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1 (b) Has, for that category, passed a written,
2 proctored examination that the board finds to be substantially
3 similar to the examination required to be licensed as a
4 certified contractor under this part. For purposes of this
5 subsection, a written, proctored examination such as that
6 produced by the National Assessment Institute, Block and
7 Associates, NAI/Block, Experior Assessments, Professional
8 Testing, Inc., or Assessment Systems, Inc., shall be
9 considered to be substantially similar to the examination
10 required to be licensed as a certified contractor. The board
11 may not impose or make any requirements regarding the nature
12 or content of these cited examinations.
13 (c) Has at least 5 years of experience as a contractor
14 in that contracting category, or as an inspector or building
15 administrator with oversight over that category, at the time
16 of application. For contractors, only time periods in which
17 the contractor license is active and the contractor is not on
18 probation shall count toward the 5 years required under this
19 subsection.
20 (d) Has not had his or her contractor's license
21 revoked at any time, had his or her contractor's license
22 suspended in the last 5 years, or been assessed a fine in
23 excess of $500 in the last 5 years.
24 (e) Is in compliance with the insurance and financial
25 responsibility requirements in s. 489.515(1)(b).
26 (3) An applicant who will not have the experience
27 required under paragraph (2)(c) by the time of the application
28 deadline set forth in subsection (4) may be certified under
29 this section in the appropriate category if the applicant
30 meets the requirements of paragraphs (2)(a), (d), and (e) and
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1 passes the business portion of the test required in paragraph
2 (2)(b).
3 (4)(3) An applicant must make application by November
4 1, 2004, to be licensed pursuant to this section.
5 Section 11. Section 489.515, Florida Statutes, is
6 amended to read:
7 489.515 Issuance of certificates; registrations.--
8 (1)(a) The department shall issue a certificate to a
9 person who the board certifies is qualified to become a
10 certified contractor.
11 (b) The board shall certify as qualified for
12 certification any person who satisfies the requirements of s.
13 489.511, who successfully passes the certification examination
14 administered by the department, achieving a passing grade as
15 established by board rule, and who submits satisfactory
16 evidence that he or she has obtained both workers'
17 compensation insurance or an acceptable exemption certificate
18 issued by the department and public liability and property
19 damage insurance for the health, safety, and welfare of the
20 public in amounts determined by rule of the board, and
21 furnishes evidence of financial responsibility, credit, and
22 business reputation of either himself or herself or the
23 business organization he or she desires to qualify.
24 (c) Upon compliance with the provisions of this
25 section and payment of the certification fee, the department
26 shall issue the person a certificate.
27 (2) The department shall issue a registration to a
28 person who is in compliance with the provisions of s. 489.513
29 and who the board certifies is qualified to be registered.
30 (2)(3) As a prerequisite to the initial issuance or
31 the renewal of a certificate or registration, the applicant
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1 shall submit an affidavit on a form provided by the board
2 attesting to the fact that the applicant has obtained both
3 workers' compensation insurance or an acceptable exemption
4 certificate issued by the department and public liability and
5 property damage insurance for the health, safety, and welfare
6 of the public in amounts determined by rule of the board. The
7 board shall by rule establish a procedure to verify the
8 accuracy of such affidavits based upon a random audit method.
9 (3)(4) The board may refuse to certify any applicant
10 who has violated any of the provisions of s. 489.533.
11 (4)(5) A certificate or registration is not
12 transferable.
13 Section 12. Subsections (1), (2), and (3) of section
14 489.516, Florida Statutes, are amended to read:
15 489.516 Qualifications to practice; restrictions;
16 prerequisites.--
17 (1) Any person who desires to engage in electrical or
18 alarm system contracting in this state on a statewide basis
19 shall, as a prerequisite thereto, establish his or her
20 competency and qualifications to be certified pursuant to this
21 part. To establish competency, a person shall pass the
22 appropriate examination administered by the department. Any
23 person who desires to engage in contracting on other than a
24 statewide basis shall, as a prerequisite thereto, be
25 registered pursuant to this part, unless exempted by this
26 part.
27 (2) A No person who is not certified under this part
28 may not or registered shall engage in the business of
29 electrical or alarm system contracting in this state. To
30 enforce this subsection:
31
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1 (a) The department shall issue a cease and desist
2 order to prohibit any person from engaging in the business of
3 contracting who does not hold the required certification or
4 registration for the work being performed under this part.
5 For the purpose of enforcing a cease and desist order, the
6 department may file a proceeding in the name of the state
7 seeking issuance of an injunction or a writ of mandamus
8 against any person who violates any provision of such order.
9 (b) A county or municipality may issue a cease and
10 desist order to prohibit any person from engaging in the
11 business of contracting who does not hold the required
12 certification or registration for the work being performed
13 under this part.
14 (3) When a certificateholder desires to engage in
15 contracting in any area of the state, as a prerequisite
16 therefor, he or she shall only be required to exhibit to the
17 local building official, tax collector, or other authorized
18 person in charge of the issuance of licenses and building or
19 electrical permits in the area evidence of holding a current
20 certificate, and to pay the fee for the occupational license
21 and permit required of other persons. However, a local
22 construction regulation board may deny the issuance of an
23 electrical permit to a certified contractor, or issue a permit
24 with specific conditions, if the local construction regulation
25 board has found such contractor, through the public hearing
26 process, to be guilty of fraud or a willful building code
27 violation within the county or municipality that the local
28 construction regulation board represents, or if the local
29 construction regulation board has proof that such contractor,
30 through the public hearing process, has been found guilty, in
31 another county or municipality within the past 12 months, of
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1 fraud or a willful building code violation and finds, after
2 providing notice to the contractor, that such fraud or
3 violation would have been fraud or a violation if committed in
4 the county or municipality that the local construction board
5 represents. Notification of and information concerning such
6 permit denial shall be submitted to the Department of Business
7 and Professional Regulation within 15 days after the local
8 construction regulation board decides to deny the permit.
9 Section 13. Section 489.517, Florida Statutes, is
10 amended to read:
11 489.517 Renewal of certificate or registration;
12 continuing education.--
13 (1) The department shall renew a certificate or
14 registration upon receipt of the renewal application and fee
15 and proof of meeting all continuing education requirements.
16 (2) The department shall adopt rules establishing a
17 procedure for the quadrennial biennial renewal of certificates
18 and registrations.
19 (3)(a) Each certificateholder or registrant shall
20 provide proof, in a form established by rule of the board,
21 that the certificateholder or registrant has completed at
22 least 28 14 classroom hours of at least 50 minutes each of
23 continuing education courses during each quadrennium biennium
24 since the issuance or renewal of the certificate or
25 registration. The board shall by rule establish criteria for
26 the approval of continuing education courses and providers and
27 may by rule establish criteria for accepting alternative
28 nonclassroom continuing education on an hour-for-hour basis.
29 (b) Each certificateholder or registrant shall provide
30 to the board proof of completion of the core curriculum
31 courses or passing the equivalency test of the Building Code
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1 Training Program established under s. 553.841, specific to the
2 licensing category sought, within 4 2 years after commencement
3 of the program or of initial certification or registration,
4 whichever is later. Classroom hours spent taking core
5 curriculum courses shall count toward the number required for
6 renewal of certificate or registration. A certificateholder
7 or registrant who passes the equivalency test in lieu of
8 taking the core curriculum courses shall receive full credit
9 for core curriculum course hours.
10 (4)(a) If a certificateholder or registrant holds a
11 license under both this part and part I and is required to
12 have continuing education courses under s. 489.115(4)(b)1.,
13 the certificateholder or registrant may apply those course
14 hours for workers' compensation, workplace safety, and
15 business practices obtained under part I to the requirements
16 under this part.
17 (b) Of the 28 14 classroom hours of continuing
18 education required, at least 14 7 hours must be on technical
19 subjects, 2 hours 1 hour on workers' compensation, 2 hours 1
20 hour on workplace safety, and 2 hours 1 hour on business
21 practices.
22 (5) By applying for renewal, each certificateholder or
23 registrant certifies that he or she has continually maintained
24 the required amounts of public liability and property damage
25 insurance as specified by board rule. The board shall
26 establish by rule a procedure to verify the public liability
27 and property damage insurance for a specified period, based
28 upon a random sampling method.
29 (6) The board shall require, by rule adopted pursuant
30 to ss. 120.536(1) and 120.54, a specialized number of hours in
31 specialized or advanced module courses, approved by the
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1 Florida Building Commission, on any portion of the Florida
2 Building Code, adopted pursuant to part VII of chapter 553,
3 relating to the contractor's respective discipline.
4 Section 14. Paragraphs (d) and (e) of subsection (2)
5 of section 489.518, Florida Statutes, are amended to read:
6 489.518 Alarm system agents.--
7 (2)
8 (d) A state-certified electrical contractor, a
9 state-certified alarm system contractor, a state-registered
10 alarm system contractor, a journeyman electrician licensed by
11 any local jurisdiction, or an alarm technician licensed by a
12 local jurisdiction that requires an examination and experience
13 or training as licensure qualifications, is not required to
14 complete the training required for burglar alarm system
15 agents. A state-registered electrical contractor is not
16 required to complete the training required for burglar alarm
17 system agents, so long as he or she is only doing electrical
18 work up to the alarm panel.
19 (e) A nonsupervising employee working as a helper or
20 apprentice under the direct, on-site, continuous supervision
21 of a state-certified electrical contractor, a state-registered
22 electrical contractor, a state-certified alarm system
23 contractor, a state-registered alarm system contractor, a
24 journeyman electrician licensed by any local jurisdiction, an
25 alarm technician licensed by a local jurisdiction that
26 requires an examination and experience or training as
27 licensure qualifications, or a qualified alarm system agent is
28 not required to complete the training otherwise required and
29 is not required to be 18 years of age or older.
30
31
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1 Section 15. Paragraphs (b) and (c) of subsection (2)
2 and subsections (4) and (5) of section 489.5185, Florida
3 Statutes, are amended to read:
4 489.5185 Fire alarm system agents.--
5 (2)
6 (b) A state-certified electrical contractor, a
7 state-certified fire alarm system contractor, a
8 state-registered fire alarm system contractor, a journeyman
9 electrician licensed by any local jurisdiction, or an alarm
10 technician licensed by a local jurisdiction that requires an
11 examination and experience or training as licensure
12 qualifications is not required to complete the training
13 required for fire alarm system agents. A state-registered
14 electrical contractor is not required to complete the training
15 required for fire alarm system agents, so long as he or she is
16 only doing electrical work up to the alarm panel.
17 (c) A nonsupervising employee working as a helper or
18 apprentice under the direct, onsite, continuous supervision of
19 a state-certified electrical contractor, a state-registered
20 electrical contractor, a state-certified fire alarm system
21 contractor, a state-registered fire alarm system contractor, a
22 journeyman electrician licensed by any local jurisdiction, an
23 alarm technician licensed by a local jurisdiction that
24 requires an examination and experience or training as
25 licensure qualifications, or a qualified fire alarm system
26 agent is not required to complete the training otherwise
27 required and is not required to be 18 years of age or older.
28 (4)(a) A certified unlimited electrical contractor or
29 licensed fire alarm contractor must furnish each of his or her
30 fire alarm system agents with an identification card.
31
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1 (b) The card shall follow a board-approved format, to
2 include a picture of the agent; shall specify at least the
3 name of the holder of the card and the name and license number
4 of the certified unlimited electrical contractor or licensed
5 fire alarm contractor; and shall be signed by both the
6 contractor and the holder of the card. Each identification
7 card shall be valid for a period of 4 2 years after the date
8 of issuance. The identification card must be in the possession
9 of the fire alarm system agent while engaged in fire alarm
10 system agent duties.
11 (c) Each person to whom an identification card has
12 been issued is responsible for the safekeeping thereof, and
13 may not loan, or allow any other person to use or display, the
14 identification card.
15 (d) Each identification card must be renewed every 4 2
16 years and in a board-approved format to show compliance with
17 the 12 6 hours of continuing education necessary to maintain
18 certification as a fire alarm system agent.
19 (5) Each fire alarm system agent must receive 12 6
20 hours of continuing education on fire alarm system
21 installation and repair every 4 2 years from a board-approved
22 sponsor of training and through a board-approved training
23 course.
24 Section 16. Subsections (1) and (2) of section
25 489.519, Florida Statutes, are amended to read:
26 489.519 Inactive status.--
27 (1) A certificate or registration that has become
28 inactive may be reactivated under s. 489.517 upon application
29 to the department. The board may prescribe, by rule,
30 continuing education requirements as a condition of
31 reactivating a certificate or registration. The continuing
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1 education requirements for reactivating a certificate or
2 registration may not exceed 12 classroom hours for each year
3 the certificate or registration was inactive.
4 (2) Notwithstanding any provision of s. 455.271 to the
5 contrary, a certificateholder or registrant may apply to the
6 department for voluntary inactive status at any time during
7 the period of certification or registration.
8 Section 17. Section 489.520, Florida Statutes, is
9 amended to read:
10 489.520 Automated licensure status information
11 system.--By January 1, 1995, the department shall implement an
12 automated licensure status information system for electrical
13 and alarm system contracting. The system shall provide instant
14 notification to local building departments and other
15 interested parties, as determined by the board or department,
16 regarding the status of the certification or registration of
17 any contractor certified or registered pursuant to the
18 provisions of this part. The provision of such information
19 shall consist, at a minimum, of an indication of whether the
20 certification or registration of the contractor applying for a
21 permit is active, of any current failure of the contractor to
22 make restitution according to the terms of any final action by
23 the board, of any ongoing disciplinary cases against the
24 contractor that are subject to public disclosure, and whether
25 there are any outstanding fines against the contractor.
26 Section 18. Paragraph (a) of subsection (2) and
27 subsections (6), (7), (8), and (9) of section 489.521, Florida
28 Statutes, are amended to read:
29 489.521 Business organizations; qualifying agents.--
30 (2)(a)1. If the applicant proposing to engage in
31 contracting is a partnership, corporation, business trust, or
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1 other legal entity, other than a sole proprietorship, the
2 application shall state the name of the partnership and its
3 partners; the name of the corporation and its officers and
4 directors and the name of each of its stockholders who is also
5 an officer or director; the name of the business trust and its
6 trustees; or the name of such other legal entity and its
7 members. In addition, the applicant shall furnish evidence of
8 statutory compliance if a fictitious name is used. A joint
9 venture, including a joint venture composed of qualified
10 business organizations, is itself a separate and distinct
11 organization that shall be qualified in accordance with board
12 rules. The registration or certification, when issued upon
13 application of a business organization, shall be in the name
14 of the qualifying agent, and the name of the business
15 organization shall be noted thereon. If there is a change in
16 any information that is required to be stated on the
17 application, the business organization shall, within 45 days
18 after such change occurs, mail the correct information to the
19 department.
20 2. Any person certified or registered pursuant to this
21 part who has had his or her license revoked shall not be
22 eligible for a 5-year period to be a partner, officer,
23 director, or trustee of a business organization as defined by
24 this section. Such person shall also be ineligible to reapply
25 for certification or registration under this part for a period
26 of 5 years.
27 (6) When a business organization qualified to engage
28 in contracting makes application for an occupational license
29 in any municipality or county of this state, the application
30 shall be made with the tax collector in the name of the
31 business organization, and the license, when issued, shall be
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1 issued to the business organization upon payment of the
2 appropriate licensing fee and exhibition to the tax collector
3 of a valid certificate issued by the department.
4 (6)(7)(a) Each registered or certified contractor
5 shall affix the number of his or her registration or
6 certification to each application for a building permit and to
7 each building permit issued and recorded. Each city or county
8 building department shall require, as a precondition for the
9 issuance of a building permit, that the contractor applying
10 for the permit provide verification giving the number of his
11 or her registration or certification under this part.
12 (b) The registration or certification number of a
13 contractor shall be stated in each offer of services, business
14 proposal, or advertisement, regardless of medium, used by that
15 contractor. For the purposes of this part, the term
16 "advertisement" does not include business stationery or any
17 promotional novelties such as balloons, pencils, trinkets, or
18 articles of clothing. The board shall assess a fine of not
19 less than $100 or issue a citation to any contractor who fails
20 to include that contractor's certification or registration
21 number when submitting an advertisement for publication,
22 broadcast, or printing. In addition, any person who claims in
23 any advertisement to be a certified or registered contractor,
24 but who does not hold a valid state certification or
25 registration, commits a misdemeanor of the second degree,
26 punishable as provided in s. 775.082 or s. 775.083.
27 (7)(8) Each qualifying agent shall pay the department
28 an amount equal to the original fee for certification or
29 registration to qualify any additional business organizations.
30 If the qualifying agent for a business organization desires to
31 qualify additional business organizations, the board shall
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1 require him or her to present evidence of supervisory ability
2 and financial responsibility of each such organization.
3 Allowing a licensee to qualify more than one business
4 organization shall be conditioned upon the licensee showing
5 that the licensee has both the capacity and intent to
6 adequately supervise each business organization in accordance
7 with s. 489.522(1). The board shall not limit the number of
8 business organizations which the licensee may qualify except
9 upon the licensee's failing to provide such information as is
10 required under this subsection or upon a finding that such
11 information or evidence as is supplied is incomplete or
12 unpersuasive in showing the licensee's capacity and intent to
13 comply with the requirements of this subsection. A
14 qualification for an additional business organization may be
15 revoked or suspended upon a finding by the board that the
16 licensee has failed in the licensee's responsibility to
17 adequately supervise the operations of that business
18 organization in accordance with s. 489.522(1). Failure of the
19 responsibility to adequately supervise the operations of a
20 business organization in accordance with s. 489.522(1) shall
21 be grounds for denial to qualify additional business
22 organizations.
23 (8)(9) If a business organization or any of its
24 partners, officers, directors, trustees, or members is
25 disciplined for violating s. 489.533(1), the board may, on
26 that basis alone, deny issuance of a certificate or
27 registration to a qualifying agent on behalf of that business
28 organization.
29 Section 19. Section 489.523, Florida Statutes, is
30 amended to read:
31
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1 489.523 Emergency certification registration upon
2 death of contractor.--If an incomplete contract exists at the
3 time of death of a contractor, the contract may be completed
4 by any person even though not certified. The person shall
5 notify the appropriate board, within 30 days after the death
6 of the contractor, of his or her name and address, knowledge
7 of the contract, and ability to complete it. If the board
8 approves, he or she may proceed with the contract. The board
9 shall then issue an emergency certification registration which
10 shall expire upon the completion of the contract. For purposes
11 of this section, and upon written approval of the board, an
12 incomplete contract may be one which has been awarded to, or
13 entered into by, the contractor before his or her death, or on
14 which he or she was the low bidder and the contract is
15 subsequently awarded to him or her, regardless of whether any
16 actual work has commenced under the contract before the
17 contractor's death.
18 Section 20. Section 489.531, Florida Statutes, is
19 amended to read:
20 489.531 Prohibitions; penalties.--
21 (1) A person may not:
22 (a) Practice contracting unless the person is
23 certified or registered;
24 (b) Use the name or title "electrical contractor" or
25 "alarm system contractor" or words to that effect, or
26 advertise himself or herself or a business organization as
27 available to practice electrical or alarm system contracting,
28 when the person is not then the holder of a valid
29 certification or registration issued pursuant to this part;
30 (c) Present as his or her own the certificate or
31 registration of another;
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1 (d) Use or attempt to use a certificate or
2 registration that has been suspended, revoked, or placed on
3 inactive or delinquent status;
4 (e) Employ persons who are not certified or registered
5 to practice contracting;
6 (f) Knowingly give false or forged evidence to the
7 department, the board, or a member thereof;
8 (g) Operate a business organization engaged in
9 contracting after 60 days following the termination of its
10 only qualifying agent without designating another primary
11 qualifying agent;
12 (h) Conceal information relative to violations of this
13 part;
14 (i) Commence or perform work for which a building
15 permit is required pursuant to part VII of chapter 553 without
16 the building permit being in effect; or
17 (j) Willfully or deliberately disregard or violate any
18 municipal or county ordinance relating to uncertified or
19 unregistered contractors.
20 (2) Any person who violates any provision of
21 subsection (1) commits a misdemeanor of the first degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (3)(a) Any unlicensed person who violates any of the
24 provisions of subsection (1) commits a misdemeanor of the
25 first degree, punishable as provided in s. 775.082 or s.
26 775.083.
27 (b) Any unlicensed person who commits a violation of
28 subsection (1) after having been previously found guilty of
29 such violation commits a felony of the third degree,
30 punishable as provided in s. 775.082 or s. 775.083.
31
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1 (c) Any unlicensed person who commits a violation of
2 subsection (1) during the existence of a state of emergency
3 declared by executive order of the Governor commits a felony
4 of the third degree, punishable as provided in s. 775.082 or
5 s. 775.083.
6
7 The remedies set forth in this subsection are not exclusive
8 and may be imposed in addition to the remedies set forth in s.
9 489.533(2).
10 (4) Each county or municipality may, at its option,
11 designate one or more of its code enforcement officers, as
12 defined in chapter 162, to enforce, as set out in this
13 subsection, the provisions of subsection (1) against persons
14 who engage in activity for which county or municipal
15 certification is required.
16 (a) A code enforcement officer designated pursuant to
17 this subsection may issue a citation for any violation of
18 subsection (1) whenever, based upon personal investigation,
19 the code enforcement officer has reasonable and probable
20 grounds to believe that such a violation has occurred.
21 (b) A citation issued by a code enforcement officer
22 shall be in a form prescribed by the local governing body of
23 the county or municipality and shall state:
24 1. The time and date of issuance.
25 2. The name and address of the person to whom the
26 citation is issued.
27 3. The time and date of the violation.
28 4. A brief description of the violation and the facts
29 constituting reasonable cause.
30 5. The name of the code enforcement officer.
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1 6. The procedure for the person to follow in order to
2 pay the civil penalty or to contest the citation.
3 7. The applicable civil penalty if the person elects
4 not to contest the citation.
5 (c) The local governing body of the county or
6 municipality is authorized to enforce codes and ordinances
7 against unlicensed contractors under the provisions of this
8 section and may enact an ordinance establishing procedures for
9 implementing this section, including a schedule of penalties
10 to be assessed by the code enforcement officers. The maximum
11 civil penalty which may be levied shall not exceed $500.
12 Moneys collected pursuant to this section shall be retained
13 locally as provided for by local ordinance and may be set
14 aside in a specific fund to support future enforcement
15 activities against unlicensed contractors.
16 (d) The act for which the citation is issued shall be
17 ceased upon receipt of the citation; and the person charged
18 with the violation shall elect either to correct the violation
19 and pay the civil penalty in the manner indicated on the
20 citation or, within 10 days of receipt of the citation,
21 exclusive of weekends and legal holidays, request an
22 administrative hearing before the enforcement or licensing
23 board or designated special master to appeal the issuance of
24 the citation by the code enforcement officer.
25 1. Hearings shall be held before an enforcement or
26 licensing board or designated special master as established by
27 s. 162.03(2) and such hearings shall be conducted pursuant to
28 ss. 162.07 and 162.08.
29 2. Failure of a violator to appeal the decision of the
30 code enforcement officer within the time period set forth in
31 this paragraph shall constitute a waiver of the violator's
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1 right to an administrative hearing. A waiver of the right to
2 administrative hearing shall be deemed an admission of the
3 violation and penalties may be imposed accordingly.
4 3. If the person issued the citation, or his or her
5 designated representative, shows that the citation is invalid
6 or that the violation has been corrected prior to appearing
7 before the enforcement or licensing board or designated
8 special master, the enforcement or licensing board or
9 designated special master shall dismiss the citation unless
10 the violation is irreparable or irreversible.
11 4. Each day a willful, knowing violation continues
12 shall constitute a separate offense under the provisions of
13 this subsection.
14 (e) A person cited for a violation pursuant to this
15 subsection is deemed to be charged with a noncriminal
16 infraction.
17 (f) If the enforcement or licensing board or
18 designated special master finds that a violation exists, the
19 enforcement or licensing board or designated special master
20 may order the violator to pay a civil penalty of not less than
21 the amount set forth on the citation but not more than $500
22 per day for each violation. In determining the amount of the
23 penalty, the enforcement or licensing board or designated
24 special master shall consider the following factors:
25 1. The gravity of the violation.
26 2. Any actions taken by the violator to correct the
27 violation.
28 3. Any previous violations committed by the violator.
29 (g) Upon written notification by the code enforcement
30 officer that a violator had not contested the citation or paid
31 the civil penalty within the timeframe allowed on the
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1 citation, or if a violation has not been corrected within the
2 timeframe set forth on the notice of violation, the
3 enforcement or licensing board or the designated special
4 master shall enter an order ordering the violator to pay the
5 civil penalty set forth on the citation or notice of
6 violation, and a hearing shall not be necessary for the
7 issuance of such order.
8 (h) A certified copy of an order imposing a civil
9 penalty against an uncertified contractor may be recorded in
10 the public records and thereafter shall constitute a lien
11 against any real or personal property owned by the violator.
12 Upon petition to the circuit court, such order may be enforced
13 in the same manner as a court judgment by the sheriffs of this
14 state, including a levy against personal property; however,
15 such order shall not be deemed to be a court judgment except
16 for enforcement purposes. A civil penalty imposed pursuant to
17 this part shall continue to accrue until the violator comes
18 into compliance or until judgment is rendered in a suit to
19 foreclose on a lien filed pursuant to this section, whichever
20 occurs first. After 3 months from the filing of any such lien
21 which remains unpaid, the enforcement or licensing board or
22 designated special master may authorize the local governing
23 body's attorney to foreclose on the lien. No lien created
24 pursuant to the provisions of this part may be foreclosed on
25 real property which is a homestead under s. 4, Art. X of the
26 State Constitution.
27 (i) This subsection does not authorize or permit a
28 code enforcement officer to perform any function or duty of a
29 law enforcement officer other than a function or duty that is
30 authorized in this subsection.
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1 (j) An aggrieved party, including the local governing
2 body, may appeal a final administrative order of an
3 enforcement or licensing board or special designated master to
4 the circuit court. Such an appeal shall not be a hearing de
5 novo but shall be limited to appellate review of the record
6 created before the enforcement or licensing board or
7 designated special master. An appeal shall be filed within 30
8 days of the execution of the order to be appealed.
9 (k) All notices required by this subsection shall be
10 provided to the alleged violator by certified mail, return
11 receipt requested; by hand delivery by the sheriff or other
12 law enforcement officer or code enforcement officer; by
13 leaving the notice at the violator's usual place of residence
14 with some person of his or her family above 15 years of age
15 and informing such person of the contents of the notice; or by
16 including a hearing date within the citation.
17 (l) For those counties which enact ordinances to
18 implement this subsection and which have local construction
19 licensing boards or local government code enforcement boards,
20 the local construction licensing board or local government
21 code enforcement board shall be responsible for the
22 administration of such citation program and training of code
23 enforcement officers. The local governing body of the county
24 shall enter into interlocal agreements with any municipalities
25 in the county so that such municipalities may by ordinance,
26 resolution, policy, or administrative order, authorize
27 individuals to enforce the provisions of this section. Such
28 individuals shall be subject to the requirements of training
29 as specified by the local construction licensing board.
30 (m) Any person who willfully refuses to sign and
31 accept a citation issued by a code enforcement officer commits
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1 a misdemeanor of the second degree, punishable as provided in
2 s. 775.082 or s. 775.083.
3 (n) Nothing contained in this section shall prohibit a
4 county or municipality from enforcing its codes or ordinances
5 by any other means.
6 (o) Nothing in this subsection shall be construed to
7 authorize local jurisdictions to exercise disciplinary
8 authority or procedures established in this subsection against
9 an individual holding a proper valid certificate issued
10 pursuant to this part.
11 (4)(5) Local building departments may collect
12 outstanding fines against registered or certified contractors
13 issued by the Electrical Contractors' Licensing Board and may
14 retain 25 percent of the fines they are able to collect,
15 provided that they transmit 75 percent of the fines they are
16 able to collect to the department according to a procedure to
17 be determined by the department.
18 (6)(a) The local governing body of a county or
19 municipality, or its local enforcement body, is authorized to
20 enforce the provisions of this part as well as its local
21 ordinances against registered contractors, as appropriate.
22 The local jurisdiction enforcement body may conduct
23 disciplinary proceedings against a registered contractor and
24 may require restitution or impose a suspension or revocation
25 of the local license or a fine not to exceed $5,000, or a
26 combination thereof, against the registered contractor,
27 according to ordinances which a local jurisdiction may enact.
28 In addition, the local jurisdiction may assess reasonable
29 investigative and legal costs for the prosecution of the
30 violation against the registered contractor, according to such
31 ordinances as the local jurisdiction may enact.
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1 (b) In addition to any action the local jurisdiction
2 enforcement body may take against the individual's local
3 license, and any fine the local jurisdiction may impose, the
4 local jurisdiction enforcement body shall issue a recommended
5 penalty for board action. This recommended penalty may
6 include a recommendation for no further action or a
7 recommendation for suspension, revocation, or restriction of
8 the registration or imposition of a fine to be levied by the
9 board, or a combination thereof. The local jurisdiction
10 enforcement body shall inform the disciplined registered
11 contractor and the complainant of the local penalty imposed,
12 the board penalty recommended, the rights to appeal, and the
13 consequences should the registered contractor decide not to
14 appeal. The local jurisdiction enforcement body shall, upon
15 having reached adjudication or having accepted a plea of nolo
16 contendere, immediately inform the board of its action and the
17 recommended board penalty.
18 (c) The department, the disciplined registered
19 contractor, or the complainant may challenge the local
20 jurisdiction enforcement body's recommended penalty for board
21 action to the Electrical Contractors' Licensing Board. A
22 challenge shall be filed within 60 days after the issuance of
23 the recommended penalty to the board. If challenged, there is
24 a presumptive finding of probable cause and the case may
25 proceed without the need for a probable cause hearing.
26 (d) Failure of the department, the disciplined
27 registered contractor, or the complainant to challenge the
28 local jurisdiction's recommended penalty within the time
29 period set forth in this subsection shall constitute a waiver
30 of the right to a hearing before the board. A waiver of the
31 right to a hearing before the board shall be deemed an
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1 admission of the violation, and the penalty recommended shall
2 become a final order according to procedures developed by
3 board rule without further board action. The disciplined
4 registered contractor may appeal this board action to the
5 district court.
6 (e) The department may investigate any complaint which
7 is made with the department. However, if the department
8 determines that the complaint against a registered contractor
9 is for an action which a local jurisdiction enforcement body
10 has investigated and reached adjudication or accepted a plea
11 of nolo contendere, including a recommended penalty to the
12 board, the department shall not initiate prosecution for that
13 action, unless the secretary has initiated summary procedures
14 pursuant to s. 455.225(8).
15 (f) Nothing in this subsection shall be construed to
16 allow local jurisdictions to exercise disciplinary authority
17 over certified contractors.
18 (7) The right to create local boards in the future by
19 any municipality or county is preserved.
20 (5)(8) The department may issue a stop-work order for
21 all unlicensed work on a project upon finding probable cause
22 to believe that electrical or alarm system work which requires
23 certification or registration is being performed without a
24 current, valid certificate or registration. Stop-work orders
25 may be enforced using the procedure and remedies set forth in
26 s. 455.228.
27 Section 21. Section 489.5315, Florida Statutes, is
28 repealed.
29 Section 22. Section 489.533, Florida Statutes, as
30 amended by chapters 98-287 and 2000-141, Laws of Florida, is
31 amended to read:
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1 489.533 Disciplinary proceedings.--
2 (1) The following acts shall constitute grounds for
3 disciplinary actions as provided in subsection (2):
4 (a) Failure to comply with any provision of chapter
5 455.
6 (b) Attempting to procure a certificate or
7 registration to practice electrical or alarm system
8 contracting by bribery or fraudulent or willful
9 misrepresentations.
10 (c) Having a certificate or registration to practice
11 contracting revoked, suspended, or otherwise acted against,
12 including the denial of licensure, by the licensing authority
13 of another state, territory, or country.
14 (d) Being convicted or found guilty of, or entering a
15 plea of nolo contendere to, regardless of adjudication, a
16 crime in any jurisdiction which directly relates to the
17 practice of electrical or alarm system contracting or the
18 ability to practice electrical or alarm system contracting.
19 (e) Making or filing a report or record which the
20 certificateholder or registrant knows to be false, willfully
21 failing to file a report or record required by state or
22 federal law, willfully impeding or obstructing such filing, or
23 inducing another person to impede or obstruct such filing.
24 Such reports or records shall include only those which are
25 signed in the capacity of a certified electrical or alarm
26 system contractor.
27 (f) Committing fraud or deceit, or negligence,
28 incompetency, or misconduct in the practice of electrical or
29 alarm system contracting.
30 (g) Violating chapter 633 or the rules of the State
31 Fire Marshal.
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1 (h) Practicing on a revoked, suspended, inactive, or
2 delinquent certificate or registration.
3 (i) Violating the applicable building codes or laws of
4 the state or any municipality or county thereof.
5 (j) Performing any act which assists a person or
6 entity in engaging in the prohibited uncertified and
7 unregistered practice of contracting, if the certificateholder
8 or registrant knows or has reasonable grounds to know that the
9 person or entity was uncertified and unregistered.
10 (k) Knowingly combining or conspiring with any person
11 by allowing one's certificate to be used by any uncertified
12 person with intent to evade the provisions of this part. When
13 a certificateholder allows his or her certificate to be used
14 by one or more companies without having any active
15 participation in the operations or management of said
16 companies, such act constitutes prima facie evidence of an
17 intent to evade the provisions of this part.
18 (l) Acting in the capacity of a contractor under any
19 certificate or registration issued hereunder except in the
20 name of the certificateholder or registrant as set forth on
21 the issued certificate or registration or in accordance with
22 the personnel of the certificateholder or registrant as set
23 forth in the application for the certificate or registration
24 or as later changed as provided in this part.
25 (m) Committing financial mismanagement or misconduct
26 in the practice of contracting that causes financial harm to a
27 customer. Financial mismanagement or misconduct occurs if:
28 1. A valid lien has been recorded against the property
29 of a contractor's customer for supplies or services ordered by
30 the contractor for the customer's job, the contractor has
31 received funds from the customer to pay for the supplies or
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1 services, and the contractor has not had the lien removed from
2 the property, by payment or by bond, within 75 days after the
3 date of the lien;
4 2. A contractor has abandoned a customer's job and the
5 percentage of completion is less than the percentage of the
6 total contract price that had been paid to the contractor as
7 of the time of abandonment, unless the contractor is entitled
8 to retain the excess funds under the terms of the contract or
9 refunds the excess funds within 30 days after the date of
10 abandonment;
11 3. The contractor's job has been completed and it is
12 shown that the customer has had to pay more for the contracted
13 job than the original contract price, as adjusted for
14 subsequent change orders, unless such increase in cost was the
15 result of circumstances beyond the control of the contractor,
16 was the result of circumstances caused by the customer, or was
17 otherwise permitted by the terms of the contract between the
18 contractor and the customer; or
19 4. The contractor fails, within 18 months, to pay or
20 comply with a repayment schedule of a judgment obtained
21 against the contractor or a business qualified by the
22 contractor and relating to the practice of contracting.
23 (n) Being disciplined by any municipality or county
24 for an act that is a violation of this section.
25 (o) Failing in any material respect to comply with the
26 provisions of this part and the rules adopted pursuant
27 thereto.
28 (p) Abandoning a project which the contractor is
29 engaged in or is under contractual obligation to perform. A
30 project is to be considered abandoned after 90 days if the
31 contractor terminates the project without just cause or
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1 without proper notification to the prospective owner,
2 including the reason for termination, or fails to perform work
3 without just cause for 90 consecutive days.
4 (q) Failing to affix a registration or certification
5 number as required by s. 489.521(6)(7).
6 (r) Proceeding on any job without obtaining applicable
7 local building department permits and inspections.
8 (s) Practicing beyond the scope of a certification or
9 registration.
10
11 For the purposes of this subsection, construction is
12 considered to be commenced when the contract is executed and
13 the contractor has accepted funds from the customer or lender.
14 (2) When the board finds any applicant, contractor, or
15 business organization for which the contractor is a primary
16 qualifying agent or secondary qualifying agent responsible
17 under s. 489.522 guilty of any of the grounds set forth in
18 subsection (1), it may enter an order imposing one or more of
19 the following penalties:
20 (a) Denial of an application for certification or
21 registration.
22 (b) Revocation or suspension of a certificate or
23 registration.
24 (c) Imposition of an administrative fine not to exceed
25 $5,000 for each count or separate offense.
26 (d) Issuance of a reprimand.
27 (e) Placement of the contractor on probation for a
28 period of time and subject to such conditions as the board may
29 specify, including requiring the contractor to attend
30 continuing education courses or to work under the supervision
31 of another contractor.
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1 (f) Restriction of the authorized scope of practice by
2 the contractor.
3 (g) Require financial restitution to a consumer.
4 (3) In recommending penalties in any proposed
5 recommended final order, the department shall follow the
6 penalty guidelines established by the board by rule. The
7 department shall advise the administrative law judge of the
8 appropriate penalty, including mitigating and aggravating
9 circumstances, and the specific rule citation.
10 (4) The board may not reinstate the certificate or
11 registration of, or cause a certificate or registration to be
12 issued to, a person who the board has determined unqualified
13 until it is satisfied that such person has complied with all
14 the terms and conditions set forth in the final order and is
15 capable of competently engaging in the business of
16 contracting.
17 (5) When the board imposes administrative fines
18 pursuant to subsection (2) resulting from violation of chapter
19 633 or violation of the rules of the State Fire Marshal, 50
20 percent of the fine shall be paid into the Insurance
21 Commissioner's Regulatory Trust Fund to help defray the costs
22 of investigating the violations and obtaining the corrective
23 action. The State Fire Marshal may participate at its
24 discretion, but not as a party, in any proceedings before the
25 board relating to violation of chapter 633 or the rules of the
26 State Fire Marshal, in order to make recommendations as to the
27 appropriate penalty in such case. However, the State Fire
28 Marshal shall not have standing to bring disciplinary
29 proceedings regarding certification.
30 (6) The board may restrain any violation of this part
31 by action in a court of competent jurisdiction.
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1 (7)(a) The department may, by rule, provide for a
2 mediation process for the complainant and the licensee.
3 Notwithstanding the provisions of chapters 120 and 455, upon
4 receipt of a legally sufficient consumer complaint alleging a
5 violation of this part, both the licensee and the complainant
6 may consent in writing to mediation within 15 days following
7 notification of this process by the department. The
8 department may suspend all action in the matter for 45 days
9 when notice of consent to mediation is received by the
10 department. If the mediation process is successfully concluded
11 within the 60-day period, the department may close the case
12 file with a notation of the disposition and the licensee's
13 record shall reflect only that a complaint was filed and
14 resolved through mediation. If mediation is rejected by
15 either the complainant or licensee, or should said parties
16 fail to reach a mediated solution within the 60-day period,
17 the department shall process the complaint in the manner
18 required by chapters 120 and 455. The mediator shall provide
19 a written report to the department of the mediation results
20 within 10 days of the conclusion of the mediation process as
21 provided by rule.
22 (b) No licensee may avail himself or herself of the
23 mediation process more than three times without the approval
24 of the board. The board may consider the subject and the
25 dates of the earlier complaints in rendering its decision. The
26 board's decision shall not be considered a final agency action
27 and is not appealable.
28 (c) The licensee shall bear all costs of mediation.
29 (d) Mediation shall be conducted according to rules of
30 practice and procedure for circuit court as adopted by the
31
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1 Supreme Court. The mediator shall be a certified circuit
2 court mediator.
3 (e) The department, in conjunction with the board,
4 shall determine by rule the types of cases which may be
5 included in the mediation process. The department may initiate
6 or continue disciplinary action, pursuant to chapter 455 and
7 this chapter against the licensee as determined by rule.
8 Section 23. Section 489.5335, Florida Statutes, is
9 amended to read:
10 489.5335 Journeyman; reciprocity; standards; statewide
11 journeyman competency card.--
12 (1)(a) An individual who holds a valid, active
13 journeyman license in the electrical trade issued by any
14 county or municipality in this state may work as a journeyman
15 in any other county or municipality of this state without
16 taking an additional examination or paying an additional
17 license fee, if he or she:
18 1.(a) Has scored at least 70 percent, or after October
19 1, 1997, at least 75 percent, on a proctored journeyman Block
20 and Associates examination or other proctored examination
21 approved by the board for the electrical trade;
22 2.(b) Has completed an apprenticeship program
23 registered with the Department of Labor and Employment
24 Security and demonstrates 4 years' verifiable practical
25 experience in the electrical trade, or demonstrates 6 years'
26 verifiable practical experience in the electrical trade;
27 3.(c) Has satisfactorily completed specialized and
28 advanced module coursework approved by the Florida Building
29 Commission, as part of the Building Code Training Program
30 established in s. 553.841, specific to the discipline, and
31 successfully completed the program's core curriculum courses
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1 or passed an equivalency test in lieu of taking the core
2 curriculum courses and provided proof of completion of such
3 curriculum courses or examination and obtained a certificate
4 from the board pursuant to this part or, pursuant to
5 authorization by the certifying authority, provides proof of
6 completion of such curriculum or coursework within 6 months
7 after such certification; and
8 4.(d) Has not had a license suspended or revoked
9 within the last 5 years.
10 (b) The department shall issue a statewide journeyman
11 competency card to each person applying for the card who has
12 submitted satisfactory evidence of having met the requirements
13 of paragraph (a) and a fee of $25. Each statewide journeyman
14 competency card shall include a picture of the person in whose
15 name it has been issued, and such person must sign the card to
16 validate it. Each person to whom a statewide journeyman
17 competency card has been issued must have the card in his or
18 her possession while engaged in electrical trade duties. Each
19 person to whom a statewide journeyman competency card has been
20 issued is responsible for its safekeeping and may neither loan
21 the card to any other person nor allow any other person to use
22 or display it. A statewide journeyman competency card may be
23 used throughout the state for the purposes of paragraph (a)
24 and is valid unless and until revoked by the department for
25 violation of paragraph (a) or any other applicable provision
26 of state or local law.
27 (2) A local government may charge a registration fee
28 for reciprocity, not to exceed $25.
29 Section 24. Section 489.537, Florida Statutes, as
30 amended by chapters 98-287 and 2000-141, Laws of Florida, is
31 amended to read:
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1 489.537 Application of this part.--
2 (1) This part applies to any contractor performing
3 work for the state or any county or municipality.
4 (2)(a) The scope of electrical contracting shall apply
5 to private and public property and shall include any
6 excavation, paving, and other related work incidental thereto
7 and shall include the work of all specialty electrical
8 contractors. However, such electrical contractor shall
9 subcontract the work of any other craft for which an
10 examination for a certificate of competency or registration or
11 a license is required, unless such contractor is certified or
12 registered or holds a license for the respective trade
13 category as required by the appropriate local authority.
14 (b) A registered electrical contractor may bid on
15 electrical contracts which include alarm systems contracting
16 as a part of the contract, provided that the individual shall
17 subcontract such alarm systems contracting, except raceway
18 systems, to a properly certified or registered alarm system
19 contractor. Registered electrical contractors may install
20 raceways for alarm systems. However, if the registered
21 electrical contractor is properly certified or registered as
22 an alarm system contractor, the individual is not required to
23 subcontract out the alarm system contracting.
24 (3) Nothing in this act limits the power of a
25 municipality or county:
26 (a) To regulate the quality and character of work
27 performed by contractors through a system of permits, fees,
28 and inspections which is designed to secure compliance with,
29 and aid in the implementation of, state and local building
30 laws or to enforce other local laws for the protection of the
31 public health and safety.
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1 (b) To collect fees for occupational licenses and
2 inspections for engaging in contracting or examination fees
3 from persons who are registered with the local boards pursuant
4 to local examination requirements.
5 (b)(c) To adopt any system of permits requiring
6 submission to and approval by the municipality or county of
7 plans and specifications for work to be performed by
8 contractors before commencement of the work.
9 (d) To require one bond for each electrical contractor
10 in an amount not to exceed $5,000, which bond shall be
11 conditioned only upon compliance with the Florida Building
12 Code adopted pursuant to s. 553.73. Any such bond must be
13 equally available to all electrical contractors without regard
14 to the period of time an electrical contractor has been
15 certified or registered and without regard to any financial
16 responsibility requirements. Any such bonds shall be payable
17 to the Governor and filed in each county or municipality in
18 which a building permit is requested. Bond reciprocity shall
19 be granted statewide. All such bonds shall be included in
20 meeting any financial responsibility requirements imposed by
21 any statute or rule.
22 (c)(e)1. To refuse to issue permits or issue permits
23 with specific conditions to a contractor who has committed
24 multiple violations, when he or she has been disciplined for
25 each of them by the board and when each disciplinary action
26 has involved revocation or suspension of a license, imposition
27 of an administrative fine of at least $1,000, or probation.
28 2. To issue permits with specific conditions to a
29 contractor who, within the previous 12 months, has had final
30 action taken against him or her, by the department or by a
31 local board or agency which issues permits to licenses
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1 contractors and has reported the action pursuant to subsection
2 paragraph (5)(c), for engaging in the business or acting in
3 the capacity of a contractor without a license.
4 (4) Any official authorized to issue building or other
5 related permits shall ascertain that the applicant contractor
6 is certified or registered and duly qualified according to any
7 local requirements in the area where the construction is to
8 take place before issuing the permit. The evidence shall
9 consist only of the exhibition to him or her of current
10 evidence of proper certification or registration and local
11 qualification.
12 (5)(a) Municipalities or counties may continue to
13 provide examinations for their territorial area, provided that
14 no examination is given the holder of a certificate.
15 (b) To engage in contracting in the territorial area,
16 an applicant shall also be registered with the board.
17 (c) Each local board or agency which issues permits to
18 licenses contractors shall transmit monthly to the board a
19 report of any disciplinary action taken against contractors
20 and any administrative or disciplinary action taken against
21 unlicensed persons for engaging in the business or acting in
22 the capacity of a contractor, including any cease and desist
23 order issued pursuant to s. 489.516(2)(b).
24 (6) The right to create local boards in the future by
25 any municipality or county is preserved.
26 (6)(7) The scope of work of a certified unlimited
27 electrical contractor includes the work of a certified alarm
28 system contractor as provided in this part.
29 (7)(8) Persons licensed under this part are subject to
30 ss. 205.0535(1) and 205.065, as applicable.
31
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1 (8)(9) A registered electrical contractor, An alarm
2 system contractor II certificateholder, and a registered alarm
3 system contractor II shall be allowed to install residential
4 smoke detectors or residential heat detectors.
5 Section 25. Subsection (3) of section 205.194, Florida
6 Statutes, is amended to read:
7 205.194 Prohibition of local occupational licensure
8 without exhibition of state license or registration.--
9 (3) This section shall not apply to s. 489.113, s.
10 489.117, s. 489.119, or s. 489.131, s. 489.511, s. 489.513, s.
11 489.521, or s. 489.537.
12 Section 26. Except as otherwise expressly provided in
13 this act, this act shall take effect October 1, 2001.
14
15 *****************************************
16 LEGISLATIVE SUMMARY
17 Provides for statewide regulation of electrical and alarm
system contractors by eliminating the local licensure
18 category of registration and replacing it with the
licensure category of limited certification. Provides for
19 limited certification of only currently registered
contractors, allows renewal but not expansion of such
20 certification to other areas of the state or other types
of work, and provides for expiration of the licensure
21 category upon expiration of the last limited certificate.
Extends certification grandfathering provisions to
22 limited certificateholders. Expands the membership of the
Electrical Contractors' Licensing Board to include
23 limited certified contractors. Expands the duties of the
board to require employment of staff sufficient to ensure
24 uniform and prompt regulation of electrical and alarm
system contracting and regular review of board operations
25 to determine whether there are functions or services of
the board that can be outsourced to increase
26 productivity. Provides for a statewide journeyman
competency card. (See bill for details.)
27
28
29
30
31
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