Senate Bill sb1824c1

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    Florida Senate - 2001                           CS for SB 1824

    By the Committee on Regulated Industries and Senator Sanderson





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  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 and deleting definitions; amending s.

  5         489.507, F.S.; revising membership of the

  6         Electrical Contractors' Licensing Board;

  7         providing rulemaking authority to the board to

  8         implement the local certification licensure

  9         category; requiring the board to review its

10         operations to determine whether there are

11         functions or services of the board that can be

12         outsourced to increase productivity; providing

13         for transition from registration to local

14         certification; amending s. 489.509, F.S.;

15         revising and providing fees; creating s.

16         489.512, F.S.; providing for local

17         certification of registered electrical and

18         alarm system contractors; providing

19         requirements with respect to local

20         certification; providing for expiration of such

21         licensure category; repealing s. 489.513, F.S.,

22         to eliminate registration of electrical and

23         alarm system contracting; revising various

24         provisions of pt. II, ch. 489, F.S., relating

25         to electrical and alarm system contracting, to

26         conform; amending s. 489.514, F.S.; extending

27         certification grandfathering provisions to

28         local certificateholders; amending s. 489.516,

29         F.S.; requiring persons desiring to engage in

30         electrical or alarm system contracting in the

31         state to be certified; deleting the requirement

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    Florida Senate - 2001                           CS for SB 1824
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  1         to pay the fee for a local occupational

  2         license; amending s. 489.517, F.S.; providing

  3         for quadrennial renewal of certificates;

  4         revising continuing education requirements, to

  5         conform; amending s. 489.5185, F.S.; revising

  6         certain time limits; providing for quadrennial

  7         renewal of identification cards of fire alarm

  8         system agents; revising continuing education

  9         requirements, to conform; amending s. 489.521,

10         F.S.; deleting requirements of business

11         organizations relating to local occupational

12         licenses; amending s. 489.537, F.S.; deleting

13         provisions that preserve the power of counties

14         and municipalities to collect local

15         occupational license and inspection fees,

16         require a bond for each electrical contractor,

17         and create local boards; deleting provisions

18         relating to registration; amending s. 489.5335,

19         F.S.; providing for a statewide journeyman

20         competency card; requiring a fee; amending ss.

21         489.503, 489.510, 489.511, 489.515, 489.518,

22         489.519, 489.520, 489.523, 489.531, and

23         489.533, F.S.; deleting or revising references

24         and provisions relating to registration, to

25         conform; amending s. 489.518, F.S.; revising

26         certain time limits; amending s. 205.194, F.S.;

27         deleting cross-references, to conform; creating

28         s. 489.5391, F.S.; providing for issuance of a

29         notice of noncompliance, imposition of an

30         administrative fine, and assessment of costs of

31         prosecution for unlicensed contracting;

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    Florida Senate - 2001                           CS for SB 1824
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  1         specifying that such remedies are not

  2         exclusive; providing uses of fine proceeds;

  3         requiring the creation of a web page dedicated

  4         to listing information on unlicensed

  5         contractors; providing effective dates.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsections (1), (16), and (20) of section

10  489.503, Florida Statutes, are amended to read:

11         489.503  Exemptions.--This part does not apply to:

12         (1)  Any employee of a certificateholder, registrant,

13  or business organization authorized to engage in contracting

14  who is acting within the scope of the license held by that

15  certificateholder or registrant and with the knowledge and

16  permission of the licenseholder.  However:

17         (a)  If the employer is not a certificateholder or

18  registrant in that type of contracting, and the employee

19  performs any of the following, the employee is not exempt:

20         1.  Holds himself or herself or his or her employer out

21  to be licensed or qualified by a licensee;

22         2.  Leads the consumer to believe that the employee has

23  an ownership or management interest in the company; or

24         3.  Performs any of the acts which constitute

25  contracting.

26         (b)  The legislative intent of this subsection is to

27  place equal responsibility on the unlicensed business and its

28  employees for the protection of the consumers in contracting

29  transactions.

30

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  1  For the purpose of this part, "employee" is defined as a

  2  person who receives compensation from, and is under the

  3  supervision and control of, an employer who regularly deducts

  4  the F.I.C.A. and withholding tax and provides workers'

  5  compensation, all as prescribed by law.

  6         (16)  The monitoring of a personal emergency response

  7  system, as defined in s. 489.505, by a charitable,

  8  not-for-profit corporation acting in accordance with a

  9  contractual agreement with the Agency for Health Care

10  Administration or one of its licensed health care facilities,

11  the Department of Elderly Affairs, or the Department of

12  Children and Family Services, providing that the organization

13  does not perform any other service requiring certification or

14  registration under this part. Nothing in this subsection shall

15  be construed to provide any of the agencies mentioned in this

16  subsection the authority to develop rules, criteria, or policy

17  pursuant to this subsection.

18         (20)  Contracting for repair, maintenance, remodeling,

19  or improvement by any person licensed under part I of chapter

20  475 while acting as the owner's agent pursuant to that

21  license, where all work requiring a contractor is performed by

22  a contractor who has a current, valid certificate or

23  registration issued under this part to perform such work, and

24  where the aggregate contract for labor, materials, and all

25  other items is less than $5,000; however, this exemption does

26  not apply:

27         (a)  If the maintenance, repair, remodeling, or

28  improvement is a part of a larger or major operation, whether

29  undertaken by the same or a different contractor, or in which

30  a division of the operation is made in contracts of amounts

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    Florida Senate - 2001                           CS for SB 1824
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  1  less than $5,000 for the purpose of evading this part or

  2  otherwise.

  3         (b)  To a person who advertises that he or she is

  4  qualified to engage in contracting.

  5         Section 2.  Section 489.505, Florida Statutes, is

  6  amended to read:

  7         489.505  Definitions.--As used in this part:

  8         (1)  "Alarm system" means any electrical device,

  9  signaling device, or combination of electrical devices used to

10  signal or detect a burglary, fire, robbery, or medical

11  emergency.

12         (2)  "Alarm system contractor" means a person whose

13  business includes the execution of contracts requiring the

14  ability, experience, science, knowledge, and skill to lay out,

15  fabricate, install, maintain, alter, repair, monitor, inspect,

16  replace, or service alarm systems for compensation, including,

17  but not limited to, all types of alarm systems for all

18  purposes.

19         (a)  "Alarm system contractor I" means an alarm system

20  contractor whose business includes all types of alarm systems

21  for all purposes.

22         (b)  "Alarm system contractor II" means an alarm system

23  contractor whose business includes all types of alarm systems

24  other than fire, for all purposes, except as herein provided.

25         (3)  "Board," except "local board," means the

26  Electrical Contractors' Licensing Board created by this part.

27         (4)  "Certificate" means a geographically unlimited

28  certificate of competency issued by the department as provided

29  in this part.

30         (5)  "Certificateholder" means a contractor who has

31  obtained a certificate of competency.

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    Florida Senate - 2001                           CS for SB 1824
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  1         (6)  "Certification" means the act of obtaining or

  2  holding a certificate of competency from the department as

  3  provided in this part.

  4         (7)  "Certified alarm system contractor" means an alarm

  5  system contractor who possesses a certificate of competency

  6  issued by the department. The scope of certification is

  7  limited to alarm circuits originating in the alarm control

  8  panel and equipment governed by the applicable provisions of

  9  Articles 725, 760, 770, 800, and 810 of the National

10  Electrical Code, Current Edition, and National Fire Protection

11  Association Standard 72, Current Edition. The scope of

12  certification for alarm system contractors also includes the

13  installation, repair, fabrication, erection, alteration,

14  addition, or design of electrical wiring, fixtures,

15  appliances, thermostats, apparatus, raceways, and conduit, or

16  any part thereof not to exceed 77 volts, when those items are

17  for the purpose of transmitting data or proprietary video

18  (satellite systems that are not part of a community antenna

19  television or radio distribution system) or providing central

20  vacuum capability or electric locks; however, this provision

21  governing the scope of certification does not create any

22  mandatory licensure requirement.

23         (8)  "Certified electrical contractor" means an

24  electrical contractor who possesses a certificate of

25  competency issued by the department.

26         (9)  "Contracting" means, except where exempted in this

27  part, engaging in business as a contractor or performing

28  electrical or alarm work for compensation and includes, but is

29  not limited to, performance of any of the acts found in

30  subsections (2) and (12), which define the services which a

31  contractor is allowed to perform.  The attempted sale of

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    Florida Senate - 2001                           CS for SB 1824
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  1  contracting services and the negotiation or bid for a contract

  2  on these services also constitutes contracting.  If the

  3  services offered require licensure or agent qualification, the

  4  offering, negotiation for a bid, or attempted sale of these

  5  services requires the corresponding licensure.

  6         (10)  "Contractor" means a person who is qualified to

  7  engage in the business of electrical or alarm system

  8  contracting pursuant to a certificate or registration issued

  9  by the department.

10         (11)  "Department" means the Department of Business and

11  Professional Regulation.

12         (12)  "Electrical contractor" or "unlimited electrical

13  contractor" means a person who conducts business in the

14  electrical trade field and who has the experience, knowledge,

15  and skill to install, repair, alter, add to, or design, in

16  compliance with law, electrical wiring, fixtures, appliances,

17  apparatus, raceways, conduit, or any part thereof, which

18  generates, transmits, transforms, or utilizes electrical

19  energy in any form, including the electrical installations and

20  systems within plants and substations, all in compliance with

21  applicable plans, specifications, codes, laws, and

22  regulations.  The term means any person, firm, or corporation

23  that engages in the business of electrical contracting under

24  an express or implied contract; or that undertakes, offers to

25  undertake, purports to have the capacity to undertake, or

26  submits a bid to engage in the business of electrical

27  contracting; or that does itself or by or through others

28  engage in the business of electrical contracting.

29         (13)  "Journeyman" means a person working in an

30  apprenticeable occupation who has successfully completed a

31  registered apprenticeship program or who has worked the number

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    Florida Senate - 2001                           CS for SB 1824
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  1  of years required by established industry practices for the

  2  particular trade or occupation.

  3         (14)  "Local certified alarm system contractor" means

  4  an alarm system contractor who possesses a local certificate

  5  of competency issued by the department.

  6         (15)  "Local certified electrical contractor" means an

  7  electrical contractor who possesses a local certificate of

  8  competency issued by the department.

  9         (16)(13)  "Local construction regulation board" or

10  "local board" means a board, composed of not fewer than three

11  residents of a county or municipality, which the governing

12  body of that county or municipality may create and appoint to

13  maintain the proper standard of construction of that county or

14  municipality.

15         (17)(14)  "Primary qualifying agent" means a person who

16  possesses the requisite skill, knowledge, and experience, and

17  has the responsibility, to supervise, direct, manage, and

18  control the electrical or alarm system contracting activities

19  of the business organization with which he or she is

20  connected; and whose technical and personal qualifications

21  have been determined by investigation and examination as

22  provided in this part by the department, as attested to by the

23  board; and who has been issued a certificate of competency by

24  the department.

25         (18)(15)  "Secondary qualifying agent" means a person

26  who possesses the requisite skill, knowledge, and experience,

27  and has the responsibility to supervise, direct, manage, and

28  control the electrical or alarm system contracting activities

29  on a job for which he or she has obtained a permit; and whose

30  technical and personal qualifications have been determined by

31  investigation and examination as provided in this part by the

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  1  department, as attested to by the board; and who has been

  2  issued a certificate of competency by the department.

  3         (16)  "Registered electrical contractor" means an

  4  electrical contractor who has registered with the department

  5  pursuant to fulfilling the competency requirements in the

  6  jurisdiction for which the registration is issued.  A

  7  registered electrical contractor may contract only in the

  8  jurisdiction for which his or her registration is issued.

  9         (17)  "Registration" means registration with the

10  department as provided in this part.

11         (18)  "Registrant" means a person who has registered

12  with the department pursuant to the requirements of this part.

13         (19)  "Specialty contractor" means a contractor whose

14  scope of practice is limited to a specific segment of

15  electrical or alarm system contracting, including, but not

16  limited to, residential electrical contracting, maintenance of

17  electrical fixtures, and fabrication, erection, installation,

18  and maintenance of electrical advertising signs together with

19  the interrelated parts and supports thereof. Categories of

20  specialty contractor shall be established by board rule.

21         (20)  "Mediation" means a process whereby a neutral

22  third party acts to encourage and facilitate the resolution of

23  a dispute without prescribing what it should be.  It is an

24  informal and nonadversarial process with the objective of

25  helping the disputing parties reach a mutually acceptable

26  agreement.

27         (21)  "Registered alarm system contractor I" means an

28  alarm system contractor whose business includes all types of

29  alarm systems for all purposes and who is registered with the

30  department pursuant to s. 489.513. A registered alarm system

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  1  contractor I may contract only in the jurisdictions for which

  2  his or her registration is issued.

  3         (22)  "Registered alarm system contractor II" means an

  4  alarm system contractor whose business includes all types of

  5  alarm systems, other than fire, for all purposes and who is

  6  registered with the department pursuant to s. 489.513. A

  7  registered alarm system contractor II may contract only in the

  8  jurisdiction for which his or her registration is issued.

  9         (23)  "Registered residential alarm system contractor"

10  means an alarm system contractor whose business is limited to

11  burglar alarm systems in single-family residential, quadruplex

12  housing, and mobile homes of a residential occupancy class and

13  who is registered with the department pursuant to s. 489.513.

14  The board shall define "residential occupancy class" by rule.

15  A registered residential alarm system contractor may contract

16  only in the jurisdiction for which his or her registration is

17  issued.

18         (21)(24)  "Licensure" means any type of certification

19  or registration provided for in this part.

20         (22)(25)  "Burglar alarm system agent" means a person:

21         (a)  Who is employed by a licensed alarm system

22  contractor or licensed electrical contractor;

23         (b)  Who is performing duties which are an element of

24  an activity which constitutes alarm system contracting

25  requiring licensure 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  an intrusion or burglar alarm system for compensation.

30         (23)(26)  "Personal emergency response system" means

31  any device which is simply plugged into a telephone jack or

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  1  electrical receptacle and which is designed to initiate a

  2  telephone call to a person who responds to, or has a

  3  responsibility to determine the proper response to, personal

  4  emergencies, but does not include hard-wired or wireless alarm

  5  systems designed to detect intrusion or fire.

  6         (24)(27)  "Monitoring" means to receive electrical or

  7  electronic signals, originating from any building within the

  8  state, produced by any security, medical, fire, or burglar

  9  alarm, closed circuit television camera, or related or similar

10  protective system and to initiate a response thereto.  A

11  person shall not have committed the act of monitoring if:

12         (a)  The person is an occupant of, or an employee

13  working within, protected premises;

14         (b)  The person initiates emergency action in response

15  to hearing or observing an alarm signal;

16         (c)  The person's action is incidental to his or her

17  primary responsibilities; and

18         (d)  The person is not employed in a proprietary

19  monitoring facility, as defined by the National Fire

20  Protection Association pursuant to rule adopted under chapter

21  633.

22         (25)(28)  "Fire alarm system agent" means a person:

23         (a)  Who is employed by a licensed fire alarm

24  contractor or certified unlimited electrical contractor;

25         (b)  Who is performing duties which are an element of

26  an activity that constitutes fire alarm system contracting

27  requiring certification under this part; and

28         (c)  Whose specific duties include any of the

29  following:  altering, installing, maintaining, moving,

30  repairing, replacing, servicing, selling onsite, or monitoring

31  a fire alarm system for compensation.

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  1         Section 3.  Section 489.507, Florida Statutes, is

  2  amended to read:

  3         489.507  Electrical Contractors' Licensing Board.--

  4         (1)  There is created in the department the Electrical

  5  Contractors' Licensing Board.  The board shall consist of 11

  6  members, 5 7 of whom shall be certified electrical

  7  contractors, 2 of whom shall be certified alarm system

  8  contractors I, 2 of whom shall be local certified electrical

  9  contractors, and 2 of whom shall be consumer members who are

10  not, and have never been, electrical contractors or members of

11  any closely related profession or occupation, and 2 of whom

12  shall be certified alarm system contractors I.  Members shall

13  be appointed by the Governor, subject to confirmation by the

14  Senate.  Members shall be appointed for 4-year terms.

15         (2)  To be eligible to serve, each contractor member

16  must have been certified by the board to operate as a

17  contractor in the category with respect to which the member is

18  appointed, be actively engaged in the construction business,

19  and have been so engaged for a period of not less than 5

20  consecutive years before the date of appointment.  Each

21  appointee must be a citizen and resident of the state.

22         (3)(a)  The board has authority to adopt rules pursuant

23  to ss. 120.536(1) and 120.54 to implement the provisions of

24  this part.

25         (b)(4)  Notwithstanding paragraph (a), It is the intent

26  of the Legislature that the board may not adopt any rule or

27  take any promulgate no rules and take no action to require

28  that applicants for certification as alarm system contractors

29  serve any type of apprenticeship before being allowed to sit

30  for the certification examination.

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  1         (c)(5)  Any proposed board rule which has not been

  2  modified to remove proposed committee objections of the

  3  Administrative Procedures Committee must receive approval from

  4  the department prior to filing the rule with the Department of

  5  State for final adoption. The department may repeal any rule

  6  enacted by the board which has taken effect without having met

  7  proposed committee objections of the Administrative Procedures

  8  Committee.

  9         (4)(6)  The Electrical Contractors' Licensing Board and

10  the Construction Industry Licensing Board shall each appoint a

11  committee to meet jointly at least twice a year.

12         Section 4.  Effective upon this act becoming a law, the

13  Electrical Contractors' Licensing Board may begin

14  implementation of the local certification licensure category

15  pursuant to its authority under section 489.507(3), Florida

16  Statutes, to effect the transition from registration to local

17  certification on October 1, 2001, as contemplated by this act.

18         Section 5.  Subsections (1) and (2) of section 489.509,

19  Florida Statutes, are amended to read:

20         489.509  Fees.--

21         (1)  The board, by rule, shall establish fees to be

22  paid for applications, examination, reexamination, transfers,

23  licensing and renewal, reinstatement, and recordmaking and

24  recordkeeping. The examination fee shall be in an amount that

25  covers the cost of obtaining and administering the examination

26  and shall be refunded if the applicant is found ineligible to

27  sit for the examination. The application fee is nonrefundable.

28  The fee for initial application and examination for

29  certification of electrical contractors may not exceed $400.

30  The initial application fee for registration may not exceed

31  $150. The quadrennial biennial renewal fee may not exceed $400

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  1  for certificateholders and $400 $200 for local

  2  certificateholders registrants. The fee for initial

  3  application and examination for certification of alarm system

  4  contractors may not exceed $400. The quadrennial biennial

  5  renewal fee for certified alarm system contractors may not

  6  exceed $450. The board may establish a fee for a temporary

  7  certificate as an alarm system contractor not to exceed $75.

  8  The board may also establish by rule a delinquency fee not to

  9  exceed $50. The fee to transfer a certificate or registration

10  from one business organization to another may not exceed $200.

11  The fee for reactivation of an inactive license may not exceed

12  $50. The board shall establish fees that are adequate to

13  ensure the continued operation of the board. Fees shall be

14  based on department estimates of the revenue required to

15  implement this part and the provisions of law with respect to

16  the regulation of electrical contractors and alarm system

17  contractors.

18         (2)  A person who is registered or holds a valid

19  certificate may go on inactive status during which time he or

20  she shall not engage in contracting, but may retain the

21  certificate or registration on an inactive basis, on payment

22  of a renewal fee during the inactive period, not to exceed $50

23  per renewal period.

24         Section 6.  Section 489.510, Florida Statutes, is

25  amended to read:

26         489.510  Evidence of workers' compensation

27  coverage.--Any person, business organization, or qualifying

28  agent engaged in the business of contracting in this state and

29  certified or registered under this part shall, as a condition

30  precedent to the issuance or renewal of a certificate or

31  registration of the contractor, provide to the Electrical

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  1  Contractors' Licensing Board, as provided by board rule,

  2  evidence of workers' compensation coverage pursuant to chapter

  3  440.  In the event that the Division of Workers' Compensation

  4  of the Department of Labor and Employment Security receives

  5  notice of the cancellation of a policy of workers'

  6  compensation insurance insuring a person or entity governed by

  7  this section, the Division of Workers' Compensation shall

  8  certify and identify all persons or entities by certification

  9  or registration license number to the department after

10  verification is made by the Division of Workers' Compensation

11  that such cancellation has occurred or that persons or

12  entities governed by this section are no longer covered by

13  workers' compensation insurance.  Such certification and

14  verification by the Division of Workers' Compensation shall

15  result solely from records furnished to the Division of

16  Workers' Compensation by the persons or entities governed by

17  this section. The department shall notify the persons or

18  entities governed by this section who have been determined to

19  be in noncompliance with chapter 440, and the persons or

20  entities notified shall provide certification of compliance

21  with chapter 440 to the department and pay an administrative

22  fine as provided by rule.  The failure to maintain workers'

23  compensation coverage as required by law shall be grounds for

24  the board to revoke, suspend, or deny the issuance or renewal

25  of a certificate or registration of the contractor under the

26  provisions of s. 489.533.

27         Section 7.  Subsection (7) of section 489.511, Florida

28  Statutes, is amended to read:

29         489.511  Certification; application; examinations;

30  endorsement.--

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  1         (7)  Upon the issuance of a certificate, any previously

  2  issued registered licenses for the classification in which the

  3  certification is issued are rendered void.

  4         Section 8.  Section 489.512, Florida Statutes, is

  5  created to read:

  6         489.512  Local certification.--

  7         (1)(a)  Each contractor who on October 1, 2001, is the

  8  holder of a current, valid registration which was issued under

  9  this part prior to that date shall be redesignated as a local

10  certified electrical or alarm system contractor, as

11  applicable, and issued the applicable local certificate by the

12  department. A local certificate permits the holder to engage

13  in contracting only in the area and for the type of work

14  covered by the registration the local certificate is

15  replacing.

16         (b)  A local certificate may be renewed but may not be

17  expanded to cover areas of the state or scopes of work other

18  than those covered by the original certificate. A contractor

19  may only work in other areas of the state or other types of

20  work by obtaining full certification under s. 489.514 or s.

21  489.516.

22         (c)  New local certificates may not be issued, and the

23  licensure category shall expire upon expiration of the last

24  local certificate.

25         (2)  The local jurisdictions shall be responsible for

26  providing code violation information pursuant to s. 553.781

27  and disciplinary information on local certified electrical or

28  alarm system contractors to the board within 30 days after any

29  disciplinary action, and the board shall maintain such

30  information as is provided to them and shall make such

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  1  information available through the automated information system

  2  provided pursuant to s. 455.2286.

  3         Section 9.  Section 489.513, Florida Statutes, is

  4  repealed.

  5         Section 10.  Section 489.514, Florida Statutes, is

  6  amended to read:

  7         489.514  Certification for local certified registered

  8  contractors; grandfathering provisions.--

  9         (1)  The board shall, upon receipt of a completed

10  application, appropriate fee, and proof of compliance with the

11  provisions of this section, issue:

12         (a)  To an applying local certified registered

13  electrical contractor, a certificate as an electrical

14  contractor, as defined in s. 489.505(12); or

15         (b)  To an applying local certified registered alarm

16  system contractor, a certificate in the matching alarm system

17  contractor category, as defined in s. 489.505(2)(a) or (b); or

18         (c)  To an applying local certified registered

19  electrical speciality contractor, a certificate in the

20  matching electrical speciality contractor category, as defined

21  in s. 489.505(19).

22         (2)  Any local certified contractor registered under

23  this part who makes application under this section to the

24  board shall meet each of the following requirements for

25  certification:

26         (a)  Currently holds a valid local certified registered

27  local license in the category of electrical contractor, alarm

28  system contractor, or electrical speciality contractor.

29         (b)  Has, for that category, passed a written,

30  proctored examination that the board finds to be substantially

31  similar to the examination required to be licensed as a

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  1  certified contractor under this part. For purposes of this

  2  subsection, a written, proctored examination such as that

  3  produced by the National Assessment Institute, Block and

  4  Associates, NAI/Block, Experior Assessments, Professional

  5  Testing, Inc., or Assessment Systems, Inc., shall be

  6  considered to be substantially similar to the examination

  7  required to be licensed as a certified contractor.  The board

  8  may not impose or make any requirements regarding the nature

  9  or content of these cited examinations.

10         (c)  Has at least 5 years of experience as a contractor

11  in that contracting category, or as an inspector or building

12  administrator with oversight over that category, at the time

13  of application. For contractors, only time periods in which

14  the contractor license is active and the contractor is not on

15  probation shall count toward the 5 years required under this

16  subsection.

17         (d)  Has not had his or her contractor's license

18  revoked at any time, had his or her contractor's license

19  suspended in the last 5 years, or been assessed a fine in

20  excess of $500 in the last 5 years.

21         (e)  Is in compliance with the insurance and financial

22  responsibility requirements in s. 489.515(1)(b).

23         (3)  An applicant who will not have the experience

24  required under paragraph (2)(c) by the time of the application

25  deadline set forth in subsection (4) may be certified under

26  this section in the appropriate category if the applicant

27  meets the requirements of paragraphs (2)(a), (d), and (e) and

28  passes the business portion of the test required in paragraph

29  (2)(b).

30         (4)(3)  An applicant must make application by November

31  1, 2004, to be licensed pursuant to this section.

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  1         Section 11.  Section 489.515, Florida Statutes, is

  2  amended to read:

  3         489.515  Issuance of certificates; registrations.--

  4         (1)(a)  The department shall issue a certificate to a

  5  person who the board certifies is qualified to become a

  6  certified contractor.

  7         (b)  The board shall certify as qualified for

  8  certification any person who satisfies the requirements of s.

  9  489.511, who successfully passes the certification examination

10  administered by the department, achieving a passing grade as

11  established by board rule, and who submits satisfactory

12  evidence that he or she has obtained both workers'

13  compensation insurance or an acceptable exemption certificate

14  issued by the department and public liability and property

15  damage insurance for the health, safety, and welfare of the

16  public in amounts determined by rule of the board, and

17  furnishes evidence of financial responsibility, credit, and

18  business reputation of either himself or herself or the

19  business organization he or she desires to qualify.

20         (c)  Upon compliance with the provisions of this

21  section and payment of the certification fee, the department

22  shall issue the person a certificate.

23         (2)  The department shall issue a registration to a

24  person who is in compliance with the provisions of s. 489.513

25  and who the board certifies is qualified to be registered.

26         (2)(3)  As a prerequisite to the initial issuance or

27  the renewal of a certificate or registration, the applicant

28  shall submit an affidavit on a form provided by the board

29  attesting to the fact that the applicant has obtained both

30  workers' compensation insurance or an acceptable exemption

31  certificate issued by the department and public liability and

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  1  property damage insurance for the health, safety, and welfare

  2  of the public in amounts determined by rule of the board. The

  3  board shall by rule establish a procedure to verify the

  4  accuracy of such affidavits based upon a random audit method.

  5         (3)(4)  The board may refuse to certify any applicant

  6  who has violated any of the provisions of s. 489.533.

  7         (4)(5)  A certificate or registration is not

  8  transferable.

  9         Section 12.  Subsections (1), (2), and (3) of section

10  489.516, Florida Statutes, are amended to read:

11         489.516  Qualifications to practice; restrictions;

12  prerequisites.--

13         (1)  Any person who desires to engage in electrical or

14  alarm system contracting in this state on a statewide basis

15  shall, as a prerequisite thereto, establish his or her

16  competency and qualifications to be certified pursuant to this

17  part.  To establish competency, a person shall pass the

18  appropriate examination administered by the department.  Any

19  person who desires to engage in contracting on other than a

20  statewide basis shall, as a prerequisite thereto, be

21  registered pursuant to this part, unless exempted by this

22  part.

23         (2)  A No person who is not certified under this part

24  may not or registered shall engage in the business of

25  electrical or alarm system contracting in this state.  To

26  enforce this subsection:

27         (a)  The department shall issue a cease and desist

28  order to prohibit any person from engaging in the business of

29  contracting who does not hold the required certification or

30  registration for the work being performed under this part.

31  For the purpose of enforcing a cease and desist order, the

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  1  department may file a proceeding in the name of the state

  2  seeking issuance of an injunction or a writ of mandamus

  3  against any person who violates any provision of such order.

  4         (b)  A county or municipality may issue a cease and

  5  desist order to prohibit any person from engaging in the

  6  business of contracting who does not hold the required

  7  certification or registration for the work being performed

  8  under this part.

  9         (3)  When a certificateholder desires to engage in

10  contracting in any area of the state, as a prerequisite

11  therefor, he or she shall only be required to exhibit to the

12  local building official, tax collector, or other authorized

13  person in charge of the issuance of licenses and building or

14  electrical permits in the area evidence of holding a current

15  certificate, and to pay the fee for the occupational license

16  and permit required of other persons. However, a local

17  construction regulation board may deny the issuance of an

18  electrical permit to a certified contractor, or issue a permit

19  with specific conditions, if the local construction regulation

20  board has found such contractor, through the public hearing

21  process, to be guilty of fraud or a willful building code

22  violation within the county or municipality that the local

23  construction regulation board represents, or if the local

24  construction regulation board has proof that such contractor,

25  through the public hearing process, has been found guilty, in

26  another county or municipality within the past 12 months, of

27  fraud or a willful building code violation and finds, after

28  providing notice to the contractor, that such fraud or

29  violation would have been fraud or a violation if committed in

30  the county or municipality that the local construction board

31  represents. Notification of and information concerning such

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  1  permit denial shall be submitted to the Department of Business

  2  and Professional Regulation within 15 days after the local

  3  construction regulation board decides to deny the permit.

  4         Section 13.  Section 489.517, Florida Statutes, is

  5  amended to read:

  6         489.517  Renewal of certificate or registration;

  7  continuing education.--

  8         (1)  The department shall renew a certificate or

  9  registration upon receipt of the renewal application and fee

10  and proof of meeting all continuing education requirements.

11         (2)  The department shall adopt rules establishing a

12  procedure for the quadrennial biennial renewal of certificates

13  and registrations.

14         (3)(a)  Each certificateholder or registrant shall

15  provide proof, in a form established by rule of the board,

16  that the certificateholder or registrant has completed at

17  least 28 14 classroom hours of at least 50 minutes each of

18  continuing education courses during each quadrennium biennium

19  since the issuance or renewal of the certificate or

20  registration. The board shall by rule establish criteria for

21  the approval of continuing education courses and providers and

22  may by rule establish criteria for accepting alternative

23  nonclassroom continuing education on an hour-for-hour basis.

24         (b)  Each certificateholder or registrant shall provide

25  to the board proof of completion of the core curriculum

26  courses or passing the equivalency test of the Building Code

27  Training Program established under s. 553.841, specific to the

28  licensing category sought, within 4 2 years after commencement

29  of the program or of initial certification or registration,

30  whichever is later.  Classroom hours spent taking core

31  curriculum courses shall count toward the number required for

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  1  renewal of certificate or registration.  A certificateholder

  2  or registrant who passes the equivalency test in lieu of

  3  taking the core curriculum courses shall receive full credit

  4  for core curriculum course hours.

  5         (4)(a)  If a certificateholder or registrant holds a

  6  license under both this part and part I and is required to

  7  have continuing education courses under s. 489.115(4)(b)1.,

  8  the certificateholder or registrant may apply those course

  9  hours for workers' compensation, workplace safety, and

10  business practices obtained under part I to the requirements

11  under this part.

12         (b)  Of the 28 14 classroom hours of continuing

13  education required, at least 14 7 hours must be on technical

14  subjects, 2 hours 1 hour on workers' compensation, 2 hours 1

15  hour on workplace safety, and 2 hours 1 hour on business

16  practices.

17         (5)  By applying for renewal, each certificateholder or

18  registrant certifies that he or she has continually maintained

19  the required amounts of public liability and property damage

20  insurance as specified by board rule. The board shall

21  establish by rule a procedure to verify the public liability

22  and property damage insurance for a specified period, based

23  upon a random sampling method.

24         (6)  The board shall require, by rule adopted pursuant

25  to ss. 120.536(1) and 120.54, a specialized number of hours in

26  specialized or advanced module courses, approved by the

27  Florida Building Commission, on any portion of the Florida

28  Building Code, adopted pursuant to part VII of chapter 553,

29  relating to the contractor's respective discipline.

30

31

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  1         Section 14.  Paragraphs (d) and (e) of subsection (2)

  2  and subsection (3) of section 489.518, Florida Statutes, are

  3  amended to read:

  4         489.518  Alarm system agents.--

  5         (2)

  6         (d)  A state-certified electrical contractor, a

  7  state-certified alarm system contractor, a local certified

  8  state-registered 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 burglar alarm system agents. A local certified

14  state-registered electrical contractor is not required to

15  complete the training required for burglar alarm system

16  agents, so long as he or she is only doing electrical work up

17  to the alarm panel.

18         (e)  A nonsupervising employee working as a helper or

19  apprentice under the direct, on-site, continuous supervision

20  of a state-certified electrical contractor, a local certified

21  state-registered electrical contractor, a state-certified

22  alarm system contractor, a local certified state-registered

23  alarm system contractor, a journeyman electrician licensed by

24  any local jurisdiction, an alarm technician licensed by a

25  local jurisdiction that requires an examination and experience

26  or training as licensure qualifications, or a qualified alarm

27  system agent is not required to complete the training

28  otherwise required and is not required to be 18 years of age

29  or older.

30         (3)  An applicant for employment as an alarm system

31  agent, or an individual employed as a burglar alarm system

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  1  agent on the effective date of this act, may commence or

  2  continue employment pending the completion of the required

  3  training and the results of the background check required by

  4  this section for a period not to exceed 120 60 days after the

  5  date of application for employment, or 120 60 days after the

  6  effective date of this act for individuals currently employed

  7  as burglar alarm system agents.  However, the person must work

  8  under the direction and control of a sponsoring licensed

  9  electrical or burglar alarm system contractor pending the

10  completion of the training and the criminal background check.

11  If an applicant or an individual employed on the effective

12  date of this act does not complete the training or receive a

13  satisfactory criminal background check within the 120-day

14  60-day period, the employment must be terminated immediately.

15         Section 15.  Paragraphs (b) and (c) of subsection (2)

16  and subsections (3), (4), and (5) of section 489.5185, Florida

17  Statutes, are amended to read:

18         489.5185  Fire alarm system agents.--

19         (2)

20         (b)  A state-certified electrical contractor, a

21  state-certified fire alarm system contractor, a local

22  certified state-registered fire alarm system contractor, a

23  journeyman electrician licensed by any local jurisdiction, or

24  an alarm technician licensed by a local jurisdiction that

25  requires an examination and experience or training as

26  licensure qualifications is not required to complete the

27  training required for fire alarm system agents. A local

28  certified state-registered electrical contractor is not

29  required to complete the training required for fire alarm

30  system agents, so long as he or she is only doing electrical

31  work up to the alarm panel.

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  1         (c)  A nonsupervising employee working as a helper or

  2  apprentice under the direct, onsite, continuous supervision of

  3  a state-certified electrical contractor, a state-registered

  4  electrical contractor, a state-certified fire alarm system

  5  contractor, a state-registered fire alarm system contractor, a

  6  journeyman electrician licensed by any local jurisdiction, an

  7  alarm technician licensed by a local jurisdiction that

  8  requires an examination and experience or training as

  9  licensure qualifications, or a qualified fire alarm system

10  agent is not required to complete the training otherwise

11  required and is not required to be 18 years of age or older.

12         (3)  An applicant for employment as a fire alarm system

13  agent may commence employment, or an individual employed as a

14  fire alarm system agent on the effective date of this act may

15  continue employment, pending completion of both the training

16  and the fingerprint and criminal background checks required by

17  this section, for a period not to exceed 120 90 days after the

18  date of application for employment or 120 90 days after the

19  effective date of this act for individuals employed as fire

20  alarm system agents on that date. However, the person must

21  work under the direction and control of a sponsoring certified

22  unlimited electrical contractor or licensed fire alarm

23  contractor until completion of both the training and the

24  fingerprint and criminal background checks. If an applicant or

25  an individual employed on the effective date of this act does

26  not complete the training or receive satisfactory fingerprint

27  and criminal background checks within the 120-day 90-day

28  period, the employment must be terminated immediately.

29         (4)(a)  A certified unlimited electrical contractor or

30  licensed fire alarm contractor must furnish each of his or her

31  fire alarm system agents with an identification card.

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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.

31

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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.

31

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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 489.533, Florida Statutes, as

28  amended by chapters 98-287 and 2000-141, Laws of Florida, is

29  amended to read:

30         489.533  Disciplinary proceedings.--

31

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  1         (1)  The following acts shall constitute grounds for

  2  disciplinary actions as provided in subsection (2):

  3         (a)  Failure to comply with any provision of chapter

  4  455.

  5         (b)  Attempting to procure a certificate or

  6  registration to practice electrical or alarm system

  7  contracting by bribery or fraudulent or willful

  8  misrepresentations.

  9         (c)  Having a certificate or registration to practice

10  contracting revoked, suspended, or otherwise acted against,

11  including the denial of licensure, by the licensing authority

12  of another state, territory, or country.

13         (d)  Being convicted or found guilty of, or entering a

14  plea of nolo contendere to, regardless of adjudication, a

15  crime in any jurisdiction which directly relates to the

16  practice of electrical or alarm system contracting or the

17  ability to practice electrical or alarm system contracting.

18         (e)  Making or filing a report or record which the

19  certificateholder or registrant knows to be false, willfully

20  failing to file a report or record required by state or

21  federal law, willfully impeding or obstructing such filing, or

22  inducing another person to impede or obstruct such filing.

23  Such reports or records shall include only those which are

24  signed in the capacity of a certified electrical or alarm

25  system contractor.

26         (f)  Committing fraud or deceit, or negligence,

27  incompetency, or misconduct in the practice of electrical or

28  alarm system contracting.

29         (g)  Violating chapter 633 or the rules of the State

30  Fire Marshal.

31

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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 22.  Section 489.5335, Florida Statutes, is

  9  amended to read:

10         489.5335  Journeyman; reciprocity; standards; statewide

11  journeyman competency card.--

12         (1)  An individual who holds a valid, active journeyman

13  license in the electrical trade issued by any county or

14  municipality in this state may work as a journeyman in any

15  other county or municipality of this state without taking an

16  additional examination or paying an additional license fee, if

17  he or she:

18         (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         (b)  Has completed an apprenticeship program registered

23  with the Department of Labor and Employment Security and

24  demonstrates 4 years' verifiable practical experience in the

25  electrical trade, or demonstrates 6 years' verifiable

26  practical experience in the electrical trade;

27         (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         (d)  Has not had a license suspended or revoked within

  9  the last 5 years.

10         (2)  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 subsection (1) 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 subsection (1)

24  and is valid unless and until revoked by the department for

25  violation of subsection (1) 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 23.  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 local certified registered electrical contractor

15  may bid on electrical contracts which include alarm systems

16  contracting as a part of the contract, provided that the

17  individual shall subcontract such alarm systems contracting,

18  except raceway systems, to a properly certified or registered

19  alarm system contractor. Local certified Registered electrical

20  contractors may install raceways for alarm systems. However,

21  if the local certified registered electrical contractor is

22  properly certified or registered as an alarm system

23  contractor, the individual is not required to subcontract out

24  the alarm system contracting.

25         (3)  Nothing in this act limits the power of a

26  municipality or county:

27         (a)  To regulate the quality and character of work

28  performed by contractors through a system of permits, fees,

29  and inspections which is designed to secure compliance with,

30  and aid in the implementation of, state and local building

31

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  1  laws or to enforce other local laws for the protection of the

  2  public health and safety.

  3         (b)  Notwithstanding other provisions of law, to

  4  collect fees for occupational licenses and inspections for

  5  engaging in contracting or examination fees from persons who

  6  are registered with the local boards pursuant to local

  7  examination requirements.

  8         (c)  To adopt any system of permits requiring

  9  submission to and approval by the municipality or county of

10  plans and specifications for work to be performed by

11  contractors before commencement of the work.

12         (d)  To require one bond for each electrical contractor

13  in an amount not to exceed $5,000, which bond shall be

14  conditioned only upon compliance with the Florida Building

15  Code adopted pursuant to s. 553.73.  Any such bond must be

16  equally available to all electrical contractors without regard

17  to the period of time an electrical contractor has been

18  certified or registered and without regard to any financial

19  responsibility requirements.  Any such bonds shall be payable

20  to the Governor and filed in each county or municipality in

21  which a building permit is requested.  Bond reciprocity shall

22  be granted statewide. All such bonds shall be included in

23  meeting any financial responsibility requirements imposed by

24  any statute or rule.

25         (c)(e)1.  To refuse to issue permits or issue permits

26  with specific conditions to a contractor who has committed

27  multiple violations, when he or she has been disciplined for

28  each of them by the board and when each disciplinary action

29  has involved revocation or suspension of a license, imposition

30  of an administrative fine of at least $1,000, or probation.

31

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  1         2.  To issue permits with specific conditions to a

  2  contractor who, within the previous 12 months, has had final

  3  action taken against him or her, by the department or by a

  4  local board or agency which issues permits to licenses

  5  contractors and has reported the action pursuant to subsection

  6  paragraph (5)(c), for engaging in the business or acting in

  7  the capacity of a contractor without a license.

  8         (4)  Any official authorized to issue building or other

  9  related permits shall ascertain that the applicant contractor

10  is certified or registered and duly qualified according to any

11  local requirements in the area where the construction is to

12  take place before issuing the permit.  The evidence shall

13  consist only of the exhibition to him or her of current

14  evidence of proper certification or registration and local

15  qualification.

16         (5)(a)  Municipalities or counties may continue to

17  provide examinations for their territorial area, provided that

18  no examination is given the holder of a certificate.

19         (b)  To engage in contracting in the territorial area,

20  an applicant shall also be registered with the board.

21         (c)  Each local board or agency which issues permits to

22  licenses contractors shall transmit monthly to the board a

23  report of any disciplinary action taken against contractors

24  and any administrative or disciplinary action taken against

25  unlicensed persons for engaging in the business or acting in

26  the capacity of a contractor, including any cease and desist

27  order issued pursuant to s. 489.516(2)(b).

28         (6)  The right to create local boards in the future by

29  any municipality or county is preserved.

30

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  1         (6)(7)  The scope of work of a certified unlimited

  2  electrical contractor includes the work of a certified alarm

  3  system contractor as provided in this part.

  4         (7)(8)  Persons licensed under this part are subject to

  5  ss. 205.0535(1) and 205.065, as applicable.

  6         (8)(9)  A local certified registered electrical

  7  contractor, an alarm system contractor II certificateholder,

  8  and a local certified registered alarm system contractor II

  9  shall be allowed to install residential smoke detectors or

10  residential heat detectors.

11         Section 24.  Subsection (3) of section 205.194, Florida

12  Statutes, is amended to read:

13         205.194  Prohibition of local occupational licensure

14  without exhibition of state license or registration.--

15         (3)  This section shall not apply to s. 489.113, s.

16  489.117, s. 489.119, or s. 489.131, s. 489.511, s. 489.513, s.

17  489.521, or s. 489.537.

18         Section 25.  Section 489.5391, Florida Statutes, is

19  created to read:

20         489.5391  Unlicensed contracting; fine; authority to

21  issue or receive a building permit; web page.--

22         (1)  Any person performing an activity requiring

23  licensure under this part in any of the categories listed in

24  s. 489.505 is guilty of unlicensed contracting if he or she

25  does not hold a valid active license authorizing him or her to

26  perform such activity, regardless of whether he or she holds a

27  local contractor license or local certificate of competency.

28  Persons working outside the geographical scope of their local

29  certification are guilty of unlicensed activity for purposes

30  of this part.

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  1         (2)  Notwithstanding s. 455.228, the department may

  2  impose an administrative fine of up to $10,000 on any

  3  unlicensed person guilty of unlicensed contracting. In

  4  addition, the department may assess reasonable investigative

  5  and legal costs for prosecution of the violation against the

  6  unlicensed contractor. The department may waive up to one-half

  7  of any fine imposed if the unlicensed contractor complies with

  8  licensure within 1 year after imposition of the fine under

  9  this subsection.

10         (3)(a)  Any fines collected under this section shall be

11  first used to cover the investigative and legal costs of

12  prosecution.

13         (b)  Any local governing body that forwards information

14  relating to any person who is an unlicensed contractor shall

15  collect 30 percent of the fine collected, after deduction of

16  the investigative and legal costs of prosecution.

17         (c)  The balance of any fines collected under this

18  section shall be used to maintain the department's unlicensed

19  contractor website page, as specified in subsection (5).

20         (4)  A local building department shall not issue a

21  building permit to any contractor, or to any person

22  representing himself or herself as a contractor, who does not

23  hold a valid active license in the appropriate category.

24  Possession of a local certificate of competency or local

25  construction license is not sufficient to lawfully obtain a

26  building permit as a construction contractor if the activity

27  in question requires licensure under this part. Nothing in

28  this section shall be construed as prohibiting a local

29  building department from issuing a building permit to a

30  locally licensed or certified contractor for an activity that

31  does not require licensure under this part.

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  1         (5)  The department shall create a web page, accessible

  2  through its Internet website, dedicated solely to listing any

  3  known information concerning unlicensed contractors. The

  4  information shall be provided in such a way that any person

  5  with computer on-line capabilities can access information

  6  concerning unlicensed contractors by name or by county. The

  7  department shall recognize that persons found guilty of

  8  unlicensed contracting do not have the same rights and

  9  privileges as licensees, and the department shall not restrict

10  the quality or quantity of information on the web page

11  required by this subsection, unless otherwise required by law.

12         (6)  The remedies set forth in this section are not

13  exclusive and may be imposed in addition to the remedies set

14  forth in s. 489.531(3). In addition, nothing in this section

15  is intended to prohibit the department or any local governing

16  body from filing a civil action or seeking criminal penalties

17  against an unlicensed contractor.

18         Section 26.  Except as otherwise provided in this act,

19  this act shall take effect October 1, 2001.

20

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1824

  3

  4  The committee substitute for SB 1824 refers to local certified
    alarm system and electrical contractors rather than limited
  5  certified alarm system and electrical contractors. The bill
    maintains the total number of Electrical Contractors'
  6  Licensing Board Members at 11, but changes the make-up to
    include 2 local certified electrical contractors. The
  7  provision requiring the board to employ staff is deleted. The
    renewal fee is increased to $400 per 4 years from $200 for 2
  8  years. The amount of time an agent may work pending
    application approval from DBPR is increased to 120 days from
  9  60 days.

10  The bill reinstates, with modification to refer to local
    certified contractors, the provision allowing the local
11  certified electric contractor to do electric work for fire
    alarm system agents up to the alarm panel without the required
12  training of fire alarm system agents.

13  The bill does not repeal s. 489.5315, F.S. Local governments
    may not charge a $25 registration fee for reciprocity.
14
    The bill creates a new section that provides for penalties for
15  unlicensed contracting and establishes criteria for the DBPR
    to develop a web page designed to exchange information on
16  unlicensed contractors.

17

18

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21

22

23

24

25

26

27

28

29

30

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