Senate Bill sb0964

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    Florida Senate - 2002                                   SB 964

    By Senator Sanderson





    31-412A-02

  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; providing for transition from

10         registration to local certification; amending

11         s. 489.509, F.S.; revising and providing fees;

12         creating s. 489.512, F.S.; providing for local

13         certification of registered electrical and

14         alarm system contractors; providing

15         requirements with respect to local

16         certification; providing for expiration of such

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

18         to eliminate registration of electrical and

19         alarm system contracting; revising various

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

21         to electrical and alarm system contracting, to

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

23         certification grandfathering provisions to

24         local certificateholders; amending s. 489.516,

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

26         electrical or alarm system contracting in the

27         state to be certified; deleting the requirement

28         to pay the fee for a local occupational

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

30         for quadrennial renewal of certificates;

31         revising continuing education requirements, to

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

  2         certain time limits; providing for quadrennial

  3         renewal of identification cards of fire alarm

  4         system agents; revising continuing education

  5         requirements, to conform; amending s. 489.521,

  6         F.S.; deleting requirements of business

  7         organizations relating to local occupational

  8         licenses; amending s. 489.5335, F.S.; providing

  9         for a statewide journeyman competency card;

10         requiring a fee; amending s. 489.537, F.S.;

11         deleting provisions that preserve the power of

12         counties and municipalities to collect local

13         occupational license and inspection fees,

14         require a bond for each electrical contractor,

15         and create local boards; deleting provisions

16         relating to registration; amending 489.537,

17         F.S.; requiring a licensed electrical

18         journeyman at a specified type of new

19         construction site; amending ss. 489.503,

20         489.510, 489.511, 489.515, 489.518, 489.519,

21         489.520, 489.523, 489.531, 489.533, F.S.;

22         deleting or revising references and provisions

23         relating to registration, to conform; amending

24         s. 489.518, F.S.; revising certain time limits;

25         amending s. 205.194, F.S.; deleting

26         cross-references, to conform; creating s.

27         489.5391, F.S.; providing for issuance of a

28         notice of noncompliance, imposition of an

29         administrative fine, and assessment of costs of

30         prosecution for unlicensed contracting;

31         specifying that such remedies are not

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  1         exclusive; providing uses of fine proceeds;

  2         requiring the creation of a web page dedicated

  3         to listing information on unlicensed

  4         contractors; providing effective dates.

  5

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

  7

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

  9  489.503, Florida Statutes, are amended to read:

10         489.503  Exemptions.--This part does not apply to:

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

12  or business organization authorized to engage in contracting

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

14  certificateholder or registrant and with the knowledge and

15  permission of the licenseholder.  However:

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

17  registrant in that type of contracting, and the employee

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

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

20  to be licensed or qualified by a licensee;

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

22  an ownership or management interest in the company; or

23         3.  Performs any of the acts which constitute

24  contracting.

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

26  place equal responsibility on the unlicensed business and its

27  employees for the protection of the consumers in contracting

28  transactions.

29

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

31  person who receives compensation from, and is under the

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  1  supervision and control of, an employer who regularly deducts

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

  3  compensation, all as prescribed by law.

  4         (16)  The monitoring of a personal emergency response

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

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

  7  contractual agreement with the Agency for Health Care

  8  Administration or one of its licensed health care facilities,

  9  the Department of Elderly Affairs, or the Department of

10  Children and Family Services, providing that the organization

11  does not perform any other service requiring certification or

12  registration under this part. Nothing in this subsection shall

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

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

15  pursuant to this subsection.

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

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

18  475 while acting as the owner's agent pursuant to that

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

20  a contractor who has a current, valid certificate or

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

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

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

24  not apply:

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

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

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

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

29  less than $5,000 for the purpose of evading this part or

30  otherwise.

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

  2  qualified to engage in contracting.

  3         Section 2.  Section 489.505, Florida Statutes, is

  4  amended to read:

  5         489.505  Definitions.--As used in this part:

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

  7  signaling device, or combination of electrical devices used to

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

  9  emergency.

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

11  business includes the execution of contracts requiring the

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

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

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

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

16  purposes.

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

18  contractor whose business includes all types of alarm systems

19  for all purposes.

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

21  contractor whose business includes all types of alarm systems

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

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

24  Electrical Contractors' Licensing Board created by this part.

25         (4)  "Certificate" means a geographically unlimited

26  certificate of competency issued by the department as provided

27  in this part.

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

29  obtained a certificate of competency.

30

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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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  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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  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, 2002, 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.--Except as provided in s. 489.515(2)(b) s.

28  489.515(3)(b), any person, business organization, or

29  qualifying agent engaged in the business of contracting in

30  this state and certified or registered under this part shall,

31  as a condition precedent to the issuance or renewal of a

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  1  certificate or registration of the contractor, provide to the

  2  Electrical Contractors' Licensing Board, as provided by board

  3  rule, evidence of workers' compensation coverage pursuant to

  4  chapter 440.  In the event that the Division of Workers'

  5  Compensation of the Department of Labor and Employment

  6  Security receives notice of the cancellation of a policy of

  7  workers' compensation insurance insuring a person or entity

  8  governed by this section, the Division of Workers'

  9  Compensation shall certify and identify all persons or

10  entities by certification or registration license number to

11  the department after verification is made by the Division of

12  Workers' Compensation that such cancellation has occurred or

13  that persons or entities governed by this section are no

14  longer covered by workers' compensation insurance.  Such

15  certification and verification by the Division of Workers'

16  Compensation shall result solely from records furnished to the

17  Division of Workers' Compensation by the persons or entities

18  governed by this section. The department shall notify the

19  persons or entities governed by this section who have been

20  determined to be in noncompliance with chapter 440, and the

21  persons or entities notified shall provide certification of

22  compliance with chapter 440 to the department and pay an

23  administrative fine as provided by rule.  The failure to

24  maintain workers' compensation coverage as required by law

25  shall be grounds for the board to revoke, suspend, or deny the

26  issuance or renewal of a certificate or registration of the

27  contractor under the provisions of s. 489.533.

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

29  Statutes, is amended to read:

30         489.511  Certification; application; examinations;

31  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, 2002, 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)(a)(3)(a)  As a prerequisite to the initial issuance

27  or 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         (b)  An applicant for initial issuance of a certificate

  6  or registration shall submit as a prerequisite to qualifying

  7  for an exemption from workers' compensation coverage

  8  requirements under s. 440.05 an affidavit attesting to the

  9  fact that the applicant will obtain an exemption within 30

10  days after the date the initial certificate or registration is

11  issued by the board.

12         (3)(4)  The board may refuse to certify any applicant

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

14         (4)(5)  A certificate or registration is not

15  transferable.

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

17  489.516, Florida Statutes, are amended to read:

18         489.516  Qualifications to practice; restrictions;

19  prerequisites.--

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

21  alarm system contracting in this state on a statewide basis

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

23  competency and qualifications to be certified pursuant to this

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

25  appropriate examination administered by the department.  Any

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

27  statewide basis shall, as a prerequisite thereto, be

28  registered pursuant to this part, unless exempted by this

29  part.

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

31  may not or registered shall engage in the business of

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  1  electrical or alarm system contracting in this state.  To

  2  enforce this subsection:

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

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

  5  contracting who does not hold the required certification or

  6  registration for the work being performed under this part.

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

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

  9  seeking issuance of an injunction or a writ of mandamus

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

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

12  desist order to prohibit any person from engaging in the

13  business of contracting who does not hold the required

14  certification or registration for the work being performed

15  under this part.

16         (3)  When a certificateholder desires to engage in

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

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

19  local building official, tax collector, or other authorized

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

21  electrical permits in the area evidence of holding a current

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

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

24  construction regulation board may deny the issuance of an

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

26  with specific conditions, if the local construction regulation

27  board has found such contractor, through the public hearing

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

29  violation within the county or municipality that the local

30  construction regulation board represents, or if the local

31  construction regulation board has proof that such contractor,

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

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

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

  4  providing notice to the contractor, that such fraud or

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

  6  the county or municipality that the local construction board

  7  represents. Notification of and information concerning such

  8  permit denial shall be submitted to the Department of Business

  9  and Professional Regulation within 15 days after the local

10  construction regulation board decides to deny the permit.

11         Section 13.  Section 489.517, Florida Statutes, is

12  amended to read:

13         489.517  Renewal of certificate or registration;

14  continuing education.--

15         (1)  The department shall renew a certificate or

16  registration upon receipt of the renewal application and fee

17  and proof of meeting all continuing education requirements.

18         (2)  The department shall adopt rules establishing a

19  procedure for the quadrennial biennial renewal of certificates

20  and registrations.

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

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

23  that the certificateholder or registrant has completed at

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

25  continuing education courses during each quadrennium biennium

26  since the issuance or renewal of the certificate or

27  registration. The board shall by rule establish criteria for

28  the approval of continuing education courses and providers and

29  may by rule establish criteria for accepting alternative

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

31

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  1         (b)  Each certificateholder or registrant shall provide

  2  to the board proof of completion of the core curriculum

  3  courses or passing the equivalency test of the Building Code

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

  5  licensing category sought, within 4 2 years after commencement

  6  of the program or of initial certification or registration,

  7  whichever is later.  Classroom hours spent taking core

  8  curriculum courses shall count toward the number required for

  9  renewal of certificate or registration.  A certificateholder

10  or registrant who passes the equivalency test in lieu of

11  taking the core curriculum courses shall receive full credit

12  for core curriculum course hours.

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

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

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

16  the certificateholder or registrant may apply those course

17  hours for workers' compensation, workplace safety, and

18  business practices obtained under part I to the requirements

19  under this part.

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

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

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

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

24  practices.

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

26  registrant certifies that he or she has continually maintained

27  the required amounts of public liability and property damage

28  insurance as specified by board rule. The board shall

29  establish by rule a procedure to verify the public liability

30  and property damage insurance for a specified period, based

31  upon a random sampling method.

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

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

  3  specialized or advanced module courses, approved by the

  4  Florida Building Commission, on any portion of the Florida

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

  6  relating to the contractor's respective discipline.

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

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

  9  amended to read:

10         489.518  Alarm system agents.--

11         (2)

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

13  state-certified alarm system contractor, a local certified

14  state-registered alarm system contractor, a journeyman

15  electrician licensed by any local jurisdiction, or an alarm

16  technician licensed by a local jurisdiction that requires an

17  examination and experience or training as licensure

18  qualifications, is not required to complete the training

19  required for burglar alarm system agents. A local certified

20  state-registered electrical contractor is not required to

21  complete the training required for burglar alarm system

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

23  to the alarm panel.

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

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

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

27  state-registered electrical contractor, a state-certified

28  alarm system contractor, a local certified state-registered

29  alarm system contractor, a journeyman electrician licensed by

30  any local jurisdiction, an alarm technician licensed by a

31  local jurisdiction that requires an examination and experience

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  1  or training as licensure qualifications, or a qualified alarm

  2  system agent is not required to complete the training

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

  4  or older.

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

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

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

  8  continue employment pending the completion of the required

  9  training and the results of the background check required by

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

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

12  effective date of this act for individuals currently employed

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

14  under the direction and control of a sponsoring licensed

15  electrical or burglar alarm system contractor pending the

16  completion of the training and the criminal background check.

17  If an applicant or an individual employed on the effective

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

19  satisfactory criminal background check within the 120-day

20  60-day period, the employment must be terminated immediately.

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

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

23  Statutes, are amended to read:

24         489.5185  Fire alarm system agents.--

25         (2)

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

27  state-certified fire alarm system contractor, a local

28  certified state-registered fire alarm system contractor, a

29  journeyman electrician licensed by any local jurisdiction, or

30  an alarm technician licensed by a local jurisdiction that

31  requires an examination and experience or training as

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  1  licensure qualifications is not required to complete the

  2  training required for fire alarm system agents. A local

  3  certified state-registered electrical contractor is not

  4  required to complete the training required for fire alarm

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

  6  work up to the alarm panel.

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

  8  apprentice under the direct, onsite, continuous supervision of

  9  a state-certified electrical contractor, a local certified

10  state-registered electrical contractor, a state-certified fire

11  alarm system contractor, a local certified state-registered

12  fire alarm system contractor, a journeyman electrician

13  licensed by any local jurisdiction, an alarm technician

14  licensed by a local jurisdiction that requires an examination

15  and experience or training as licensure qualifications, or a

16  qualified fire alarm system agent is not required to complete

17  the training otherwise required and is not required to be 18

18  years of age or older.

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

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

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

22  continue employment, pending completion of both the training

23  and the fingerprint and criminal background checks required by

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

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

26  effective date of this act for individuals employed as fire

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

28  work under the direction and control of a sponsoring certified

29  unlimited electrical contractor or licensed fire alarm

30  contractor until completion of both the training and the

31  fingerprint and criminal background checks. If an applicant or

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

  2  not complete the training or receive satisfactory fingerprint

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

  4  period, the employment must be terminated immediately.

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

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

  7  fire alarm system agents with an identification card.

  8         (b)  The card shall follow a board-approved format, to

  9  include a picture of the agent; shall specify at least the

10  name of the holder of the card and the name and license number

11  of the certified unlimited electrical contractor or licensed

12  fire alarm contractor; and shall be signed by both the

13  contractor and the holder of the card. Each identification

14  card shall be valid for a period of 4 2 years after the date

15  of issuance. The identification card must be in the possession

16  of the fire alarm system agent while engaged in fire alarm

17  system agent duties.

18         (c)  Each person to whom an identification card has

19  been issued is responsible for the safekeeping thereof, and

20  may not loan, or allow any other person to use or display, the

21  identification card.

22         (d)  Each identification card must be renewed every 4 2

23  years and in a board-approved format to show compliance with

24  the 12 6 hours of continuing education necessary to maintain

25  certification as a fire alarm system agent.

26         (5)  Each fire alarm system agent must receive 12 6

27  hours of continuing education on fire alarm system

28  installation and repair every 4 2 years from a board-approved

29  sponsor of training and through a board-approved training

30  course.

31

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  1         Section 16.  Subsections (1) and (2) of section

  2  489.519, Florida Statutes, are amended to read:

  3         489.519  Inactive status.--

  4         (1)  A certificate or registration that has become

  5  inactive may be reactivated under s. 489.517 upon application

  6  to the department. The board may prescribe, by rule,

  7  continuing education requirements as a condition of

  8  reactivating a certificate or registration. The continuing

  9  education requirements for reactivating a certificate or

10  registration may not exceed 12 classroom hours for each year

11  the certificate or registration was inactive.

12         (2)  Notwithstanding any provision of s. 455.271 to the

13  contrary, a certificateholder or registrant may apply to the

14  department for voluntary inactive status at any time during

15  the period of certification or registration.

16         Section 17.  Section 489.520, Florida Statutes, is

17  amended to read:

18         489.520  Automated licensure status information

19  system.--By January 1, 1995, the department shall implement an

20  automated licensure status information system for electrical

21  and alarm system contracting. The system shall provide instant

22  notification to local building departments and other

23  interested parties, as determined by the board or department,

24  regarding the status of the certification or registration of

25  any contractor certified or registered pursuant to the

26  provisions of this part. The provision of such information

27  shall consist, at a minimum, of an indication of whether the

28  certification or registration of the contractor applying for a

29  permit is active, of any current failure of the contractor to

30  make restitution according to the terms of any final action by

31  the board, of any ongoing disciplinary cases against the

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  1  contractor that are subject to public disclosure, and whether

  2  there are any outstanding fines against the contractor.

  3         Section 18.  Paragraph (a) of subsection (2) and

  4  subsections (6), (7), (8), and (9) of section 489.521, Florida

  5  Statutes, are amended to read:

  6         489.521  Business organizations; qualifying agents.--

  7         (2)(a)1.  If the applicant proposing to engage in

  8  contracting is a partnership, corporation, business trust, or

  9  other legal entity, other than a sole proprietorship, the

10  application shall state the name of the partnership and its

11  partners; the name of the corporation and its officers and

12  directors and the name of each of its stockholders who is also

13  an officer or director; the name of the business trust and its

14  trustees; or the name of such other legal entity and its

15  members. In addition, the applicant shall furnish evidence of

16  statutory compliance if a fictitious name is used. A joint

17  venture, including a joint venture composed of qualified

18  business organizations, is itself a separate and distinct

19  organization that shall be qualified in accordance with board

20  rules. The registration or certification, when issued upon

21  application of a business organization, shall be in the name

22  of the qualifying agent, and the name of the business

23  organization shall be noted thereon. If there is a change in

24  any information that is required to be stated on the

25  application, the business organization shall, within 45 days

26  after such change occurs, mail the correct information to the

27  department.

28         2.  Any person certified or registered pursuant to this

29  part who has had his or her license revoked shall not be

30  eligible for a 5-year period to be a partner, officer,

31  director, or trustee of a business organization as defined by

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  1  this section. Such person shall also be ineligible to reapply

  2  for certification or registration under this part for a period

  3  of 5 years.

  4         (6)  When a business organization qualified to engage

  5  in contracting makes application for an occupational license

  6  in any municipality or county of this state, the application

  7  shall be made with the tax collector in the name of the

  8  business organization, and the license, when issued, shall be

  9  issued to the business organization upon payment of the

10  appropriate licensing fee and exhibition to the tax collector

11  of a valid certificate issued by the department.

12         (6)(7)(a)  Each registered or certified contractor

13  shall affix the number of his or her registration or

14  certification to each application for a building permit and to

15  each building permit issued and recorded.  Each city or county

16  building department shall require, as a precondition for the

17  issuance of a building permit, that the contractor applying

18  for the permit provide verification giving the number of his

19  or her registration or certification under this part.

20         (b)  The registration or certification number of a

21  contractor shall be stated in each offer of services, business

22  proposal, or advertisement, regardless of medium, used by that

23  contractor.  For the purposes of this part, the term

24  "advertisement" does not include business stationery or any

25  promotional novelties such as balloons, pencils, trinkets, or

26  articles of clothing.  The board shall assess a fine of not

27  less than $100 or issue a citation to any contractor who fails

28  to include that contractor's certification or registration

29  number when submitting an advertisement for publication,

30  broadcast, or printing.  In addition, any person who claims in

31  any advertisement to be a certified or registered contractor,

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  1  but who does not hold a valid state certification or

  2  registration, commits a misdemeanor of the second degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4         (7)(8)  Each qualifying agent shall pay the department

  5  an amount equal to the original fee for certification or

  6  registration to qualify any additional business organizations.

  7  If the qualifying agent for a business organization desires to

  8  qualify additional business organizations, the board shall

  9  require him or her to present evidence of supervisory ability

10  and financial responsibility of each such organization.

11  Allowing a licensee to qualify more than one business

12  organization shall be conditioned upon the licensee showing

13  that the licensee has both the capacity and intent to

14  adequately supervise each business organization in accordance

15  with s. 489.522(1). The board shall not limit the number of

16  business organizations which the licensee may qualify except

17  upon the licensee's failing to provide such information as is

18  required under this subsection or upon a finding that such

19  information or evidence as is supplied is incomplete or

20  unpersuasive in showing the licensee's capacity and intent to

21  comply with the requirements of this subsection. A

22  qualification for an additional business organization may be

23  revoked or suspended upon a finding by the board that the

24  licensee has failed in the licensee's responsibility to

25  adequately supervise the operations of that business

26  organization in accordance with s. 489.522(1). Failure of the

27  responsibility to adequately supervise the operations of a

28  business organization in accordance with s. 489.522(1) shall

29  be grounds for denial to qualify additional business

30  organizations.

31

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  1         (8)(9)  If a business organization or any of its

  2  partners, officers, directors, trustees, or members is

  3  disciplined for violating s. 489.533(1), the board may, on

  4  that basis alone, deny issuance of a certificate or

  5  registration to a qualifying agent on behalf of that business

  6  organization.

  7         Section 19.  Section 489.523, Florida Statutes, is

  8  amended to read:

  9         489.523  Emergency certification registration upon

10  death of contractor.--If an incomplete contract exists at the

11  time of death of a contractor, the contract may be completed

12  by any person even though not certified.  The person shall

13  notify the appropriate board, within 30 days after the death

14  of the contractor, of his or her name and address, knowledge

15  of the contract, and ability to complete it.  If the board

16  approves, he or she may proceed with the contract.  The board

17  shall then issue an emergency certification registration which

18  shall expire upon the completion of the contract. For purposes

19  of this section, and upon written approval of the board, an

20  incomplete contract may be one which has been awarded to, or

21  entered into by, the contractor before his or her death, or on

22  which he or she was the low bidder and the contract is

23  subsequently awarded to him or her, regardless of whether any

24  actual work has commenced under the contract before the

25  contractor's death.

26         Section 20.  Section 489.531, Florida Statutes, is

27  amended to read:

28         489.531  Prohibitions; penalties.--

29         (1)  A person may not:

30         (a)  Practice contracting unless the person is

31  certified or registered;

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  1         (b)  Use the name or title "electrical contractor" or

  2  "alarm system contractor" or words to that effect, or

  3  advertise himself or herself or a business organization as

  4  available to practice electrical or alarm system contracting,

  5  when the person is not then the holder of a valid

  6  certification or registration issued pursuant to this part;

  7         (c)  Present as his or her own the certificate or

  8  registration of another;

  9         (d)  Use or attempt to use a certificate or

10  registration that has been suspended, revoked, or placed on

11  inactive or delinquent status;

12         (e)  Employ persons who are not certified or registered

13  to practice contracting;

14         (f)  Knowingly give false or forged evidence to the

15  department, the board, or a member thereof;

16         (g)  Operate a business organization engaged in

17  contracting after 60 days following the termination of its

18  only qualifying agent without designating another primary

19  qualifying agent;

20         (h)  Conceal information relative to violations of this

21  part;

22         (i)  Commence or perform work for which a building

23  permit is required pursuant to part VII of chapter 553 without

24  the building permit being in effect; or

25         (j)  Willfully or deliberately disregard or violate any

26  municipal or county ordinance relating to uncertified or

27  unregistered contractors.

28         (2)  Any person who violates any provision of

29  subsection (1) commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31

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  1         (3)(a)  Any unlicensed person who violates any of the

  2  provisions of subsection (1) commits a misdemeanor of the

  3  first degree, punishable as provided in s. 775.082 or s.

  4  775.083.

  5         (b)  Any unlicensed person who commits a violation of

  6  subsection (1) after having been previously found guilty of

  7  such violation commits a felony of the third degree,

  8  punishable as provided in s. 775.082 or s. 775.083.

  9         (c)  Any unlicensed person who commits a violation of

10  subsection (1) during the existence of a state of emergency

11  declared by executive order of the Governor commits a felony

12  of the third degree, punishable as provided in s. 775.082 or

13  s. 775.083.

14

15  The remedies set forth in this subsection are not exclusive

16  and may be imposed in addition to the remedies set forth in s.

17  489.533(2).

18         (4)  Each county or municipality may, at its option,

19  designate one or more of its code enforcement officers, as

20  defined in chapter 162, to enforce, as set out in this

21  subsection, the provisions of subsection (1) against persons

22  who engage in activity for which county or municipal

23  certification is required.

24         (a)  A code enforcement officer designated pursuant to

25  this subsection may issue a citation for any violation of

26  subsection (1) whenever, based upon personal investigation,

27  the code enforcement officer has reasonable and probable

28  grounds to believe that such a violation has occurred.

29         (b)  A citation issued by a code enforcement officer

30  shall be in a form prescribed by the local governing body of

31  the county or municipality and shall state:

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  1         1.  The time and date of issuance.

  2         2.  The name and address of the person to whom the

  3  citation is issued.

  4         3.  The time and date of the violation.

  5         4.  A brief description of the violation and the facts

  6  constituting reasonable cause.

  7         5.  The name of the code enforcement officer.

  8         6.  The procedure for the person to follow in order to

  9  pay the civil penalty or to contest the citation.

10         7.  The applicable civil penalty if the person elects

11  not to contest the citation.

12         (c)  The local governing body of the county or

13  municipality is authorized to enforce codes and ordinances

14  against unlicensed contractors under the provisions of this

15  section and may enact an ordinance establishing procedures for

16  implementing this section, including a schedule of penalties

17  to be assessed by the code enforcement officers.  The maximum

18  civil penalty which may be levied shall not exceed $500.

19  Moneys collected pursuant to this section shall be retained

20  locally as provided for by local ordinance and may be set

21  aside in a specific fund to support future enforcement

22  activities against unlicensed contractors.

23         (d)  The act for which the citation is issued shall be

24  ceased upon receipt of the citation; and the person charged

25  with the violation shall elect either to correct the violation

26  and pay the civil penalty in the manner indicated on the

27  citation or, within 10 days of receipt of the citation,

28  exclusive of weekends and legal holidays, request an

29  administrative hearing before the enforcement or licensing

30  board or designated special master to appeal the issuance of

31  the citation by the code enforcement officer.

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  1         1.  Hearings shall be held before an enforcement or

  2  licensing board or designated special master as established by

  3  s. 162.03(2) and such hearings shall be conducted pursuant to

  4  ss. 162.07 and 162.08.

  5         2.  Failure of a violator to appeal the decision of the

  6  code enforcement officer within the time period set forth in

  7  this paragraph shall constitute a waiver of the violator's

  8  right to an administrative hearing.  A waiver of the right to

  9  administrative hearing shall be deemed an admission of the

10  violation and penalties may be imposed accordingly.

11         3.  If the person issued the citation, or his or her

12  designated representative, shows that the citation is invalid

13  or that the violation has been corrected prior to appearing

14  before the enforcement or licensing board or designated

15  special master, the enforcement or licensing board or

16  designated special master shall dismiss the citation unless

17  the violation is irreparable or irreversible.

18         4.  Each day a willful, knowing violation continues

19  shall constitute a separate offense under the provisions of

20  this subsection.

21         (e)  A person cited for a violation pursuant to this

22  subsection is deemed to be charged with a noncriminal

23  infraction.

24         (f)  If the enforcement or licensing board or

25  designated special master finds that a violation exists, the

26  enforcement or licensing board or designated special master

27  may order the violator to pay a civil penalty of not less than

28  the amount set forth on the citation but not more than $500

29  per day for each violation.  In determining the amount of the

30  penalty, the enforcement or licensing board or designated

31  special master shall consider the following factors:

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  1         1.  The gravity of the violation.

  2         2.  Any actions taken by the violator to correct the

  3  violation.

  4         3.  Any previous violations committed by the violator.

  5         (g)  Upon written notification by the code enforcement

  6  officer that a violator had not contested the citation or paid

  7  the civil penalty within the timeframe allowed on the

  8  citation, or if a violation has not been corrected within the

  9  timeframe set forth on the notice of violation, the

10  enforcement or licensing board or the designated special

11  master shall enter an order ordering the violator to pay the

12  civil penalty set forth on the citation or notice of

13  violation, and a hearing shall not be necessary for the

14  issuance of such order.

15         (h)  A certified copy of an order imposing a civil

16  penalty against an uncertified contractor may be recorded in

17  the public records and thereafter shall constitute a lien

18  against any real or personal property owned by the violator.

19  Upon petition to the circuit court, such order may be enforced

20  in the same manner as a court judgment by the sheriffs of this

21  state, including a levy against personal property; however,

22  such order shall not be deemed to be a court judgment except

23  for enforcement purposes.  A civil penalty imposed pursuant to

24  this part shall continue to accrue until the violator comes

25  into compliance or until judgment is rendered in a suit to

26  foreclose on a lien filed pursuant to this section, whichever

27  occurs first.  After 3 months from the filing of any such lien

28  which remains unpaid, the enforcement or licensing board or

29  designated special master may authorize the local governing

30  body's attorney to foreclose on the lien.  No lien created

31  pursuant to the provisions of this part may be foreclosed on

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  1  real property which is a homestead under s. 4, Art. X of the

  2  State Constitution.

  3         (i)  This subsection does not authorize or permit a

  4  code enforcement officer to perform any function or duty of a

  5  law enforcement officer other than a function or duty that is

  6  authorized in this subsection.

  7         (j)  An aggrieved party, including the local governing

  8  body, may appeal a final administrative order of an

  9  enforcement or licensing board or special designated master to

10  the circuit court. Such an appeal shall not be a hearing de

11  novo but shall be limited to appellate review of the record

12  created before the enforcement or licensing board or

13  designated special master.  An appeal shall be filed within 30

14  days of the execution of the order to be appealed.

15         (k)  All notices required by this subsection shall be

16  provided to the alleged violator by certified mail, return

17  receipt requested; by hand delivery by the sheriff or other

18  law enforcement officer or code enforcement officer; by

19  leaving the notice at the violator's usual place of residence

20  with some person of his or her family above 15 years of age

21  and informing such person of the contents of the notice; or by

22  including a hearing date within the citation.

23         (l)  For those counties which enact ordinances to

24  implement this subsection and which have local construction

25  licensing boards or local government code enforcement boards,

26  the local construction licensing board or local government

27  code enforcement board shall be responsible for the

28  administration of such citation program and training of code

29  enforcement officers.  The local governing body of the county

30  shall enter into interlocal agreements with any municipalities

31  in the county so that such municipalities may by ordinance,

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  1  resolution, policy, or administrative order, authorize

  2  individuals to enforce the provisions of this section. Such

  3  individuals shall be subject to the requirements of training

  4  as specified by the local construction licensing board.

  5         (m)  Any person who willfully refuses to sign and

  6  accept a citation issued by a code enforcement officer commits

  7  a misdemeanor of the second degree, punishable as provided in

  8  s. 775.082 or s. 775.083.

  9         (n)  Nothing contained in this section shall prohibit a

10  county or municipality from enforcing its codes or ordinances

11  by any other means.

12         (o)  Nothing in this subsection shall be construed to

13  authorize local jurisdictions to exercise disciplinary

14  authority or procedures established in this subsection against

15  an individual holding a proper valid certificate issued

16  pursuant to this part.

17         (4)(5)  Local building departments may collect

18  outstanding fines against registered or certified contractors

19  issued by the Electrical Contractors' Licensing Board and may

20  retain 25 percent of the fines they are able to collect,

21  provided that they transmit 75 percent of the fines they are

22  able to collect to the department according to a procedure to

23  be determined by the department.

24         (6)(a)  The local governing body of a county or

25  municipality, or its local enforcement body, is authorized to

26  enforce the provisions of this part as well as its local

27  ordinances against registered contractors, as appropriate.

28  The local jurisdiction enforcement body may conduct

29  disciplinary proceedings against a registered contractor and

30  may require restitution or impose a suspension or revocation

31  of the local license or a fine not to exceed $5,000, or a

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  1  combination thereof, against the registered contractor,

  2  according to ordinances which a local jurisdiction may enact.

  3  In addition, the local jurisdiction may assess reasonable

  4  investigative and legal costs for the prosecution of the

  5  violation against the registered contractor, according to such

  6  ordinances as the local jurisdiction may enact.

  7         (b)  In addition to any action the local jurisdiction

  8  enforcement body may take against the individual's local

  9  license, and any fine the local jurisdiction may impose, the

10  local jurisdiction enforcement body shall issue a recommended

11  penalty for board action.  This recommended penalty may

12  include a recommendation for no further action or a

13  recommendation for suspension, revocation, or restriction of

14  the registration or imposition of a fine to be levied by the

15  board, or a combination thereof.  The local jurisdiction

16  enforcement body shall inform the disciplined registered

17  contractor and the complainant of the local penalty imposed,

18  the board penalty recommended, the rights to appeal, and the

19  consequences should the registered contractor decide not to

20  appeal.  The local jurisdiction enforcement body shall, upon

21  having reached adjudication or having accepted a plea of nolo

22  contendere, immediately inform the board of its action and the

23  recommended board penalty.

24         (c)  The department, the disciplined registered

25  contractor, or the complainant may challenge the local

26  jurisdiction enforcement body's recommended penalty for board

27  action to the Electrical Contractors' Licensing Board. A

28  challenge shall be filed within 60 days after the issuance of

29  the recommended penalty to the board. If challenged, there is

30  a presumptive finding of probable cause and the case may

31  proceed without the need for a probable cause hearing.

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  1         (d)  Failure of the department, the disciplined

  2  registered contractor, or the complainant to challenge the

  3  local jurisdiction's recommended penalty within the time

  4  period set forth in this subsection shall constitute a waiver

  5  of the right to a hearing before the board.  A waiver of the

  6  right to a hearing before the board shall be deemed an

  7  admission of the violation, and the penalty recommended shall

  8  become a final order according to procedures developed by

  9  board rule without further board action. The disciplined

10  registered contractor may appeal this board action to the

11  district court.

12         (e)  The department may investigate any complaint which

13  is made with the department. However, if the department

14  determines that the complaint against a registered contractor

15  is for an action which a local jurisdiction enforcement body

16  has investigated and reached adjudication or accepted a plea

17  of nolo contendere, including a recommended penalty to the

18  board, the department shall not initiate prosecution for that

19  action, unless the secretary has initiated summary procedures

20  pursuant to s. 455.225(8).

21         (f)  Nothing in this subsection shall be construed to

22  allow local jurisdictions to exercise disciplinary authority

23  over certified contractors.

24         (7)  The right to create local boards in the future by

25  any municipality or county is preserved.

26         (5)(8)  The department may issue a stop-work order for

27  all unlicensed work on a project upon finding probable cause

28  to believe that electrical or alarm system work which requires

29  certification or registration is being performed without a

30  current, valid certificate or registration. Stop-work orders

31

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  1  may be enforced using the procedure and remedies set forth in

  2  s. 455.228.

  3         Section 21.  Section 489.533, Florida Statutes, is

  4  amended to read:

  5         489.533  Disciplinary proceedings.--

  6         (1)  The following acts shall constitute grounds for

  7  disciplinary actions as provided in subsection (2):

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

  9  455.

10         (b)  Attempting to procure a certificate or

11  registration to practice electrical or alarm system

12  contracting by bribery or fraudulent or willful

13  misrepresentations.

14         (c)  Having a certificate or registration to practice

15  contracting revoked, suspended, or otherwise acted against,

16  including the denial of licensure, by the licensing authority

17  of another state, territory, or country.

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

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

20  crime in any jurisdiction which directly relates to the

21  practice of electrical or alarm system contracting or the

22  ability to practice electrical or alarm system contracting.

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

24  certificateholder or registrant knows to be false, willfully

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

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

27  inducing another person to impede or obstruct such filing.

28  Such reports or records shall include only those which are

29  signed in the capacity of a certified electrical or alarm

30  system contractor.

31

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

  2  incompetency, or misconduct in the practice of electrical or

  3  alarm system contracting.

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

  5  Fire Marshal.

  6         (h)  Practicing on a revoked, suspended, inactive, or

  7  delinquent certificate or registration.

  8         (i)  Violating the applicable building codes or laws of

  9  the state or any municipality or county thereof.

10         (j)  Performing any act which assists a person or

11  entity in engaging in the prohibited uncertified and

12  unregistered practice of contracting, if the certificateholder

13  or registrant knows or has reasonable grounds to know that the

14  person or entity was uncertified and unregistered.

15         (k)  Knowingly combining or conspiring with any person

16  by allowing one's certificate to be used by any uncertified

17  person with intent to evade the provisions of this part.  When

18  a certificateholder allows his or her certificate to be used

19  by one or more companies without having any active

20  participation in the operations or management of said

21  companies, such act constitutes prima facie evidence of an

22  intent to evade the provisions of this part.

23         (l)  Acting in the capacity of a contractor under any

24  certificate or registration issued hereunder except in the

25  name of the certificateholder or registrant as set forth on

26  the issued certificate or registration or in accordance with

27  the personnel of the certificateholder or registrant as set

28  forth in the application for the certificate or registration

29  or as later changed as provided in this part.

30

31

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  1         (m)  Committing financial mismanagement or misconduct

  2  in the practice of contracting that causes financial harm to a

  3  customer.  Financial mismanagement or misconduct occurs if:

  4         1.  A valid lien has been recorded against the property

  5  of a contractor's customer for supplies or services ordered by

  6  the contractor for the customer's job, the contractor has

  7  received funds from the customer to pay for the supplies or

  8  services, and the contractor has not had the lien removed from

  9  the property, by payment or by bond, within 75 days after the

10  date of the lien;

11         2.  A contractor has abandoned a customer's job and the

12  percentage of completion is less than the percentage of the

13  total contract price that had been paid to the contractor as

14  of the time of abandonment, unless the contractor is entitled

15  to retain the excess funds under the terms of the contract or

16  refunds the excess funds within 30 days after the date of

17  abandonment;

18         3.  The contractor's job has been completed and it is

19  shown that the customer has had to pay more for the contracted

20  job than the original contract price, as adjusted for

21  subsequent change orders, unless such increase in cost was the

22  result of circumstances beyond the control of the contractor,

23  was the result of circumstances caused by the customer, or was

24  otherwise permitted by the terms of the contract between the

25  contractor and the customer; or

26         4.  The contractor fails, within 18 months, to pay or

27  comply with a repayment schedule of a judgment obtained

28  against the contractor or a business qualified by the

29  contractor and relating to the practice of contracting.

30         (n)  Being disciplined by any municipality or county

31  for an act that is a violation of this section.

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  1         (o)  Failing in any material respect to comply with the

  2  provisions of this part and the rules adopted pursuant

  3  thereto.

  4         (p)  Abandoning a project which the contractor is

  5  engaged in or is under contractual obligation to perform.  A

  6  project is to be considered abandoned after 90 days if the

  7  contractor terminates the project without just cause or

  8  without proper notification to the prospective owner,

  9  including the reason for termination, or fails to perform work

10  without just cause for 90 consecutive days.

11         (q)  Failing to affix a registration or certification

12  number as required by s. 489.521(6) s. 489.521(7).

13         (r)  Proceeding on any job without obtaining applicable

14  local building department permits and inspections.

15         (s)  Practicing beyond the scope of a certification or

16  registration.

17

18  For the purposes of this subsection, construction is

19  considered to be commenced when the contract is executed and

20  the contractor has accepted funds from the customer or lender.

21         (2)  When the board finds any applicant, contractor, or

22  business organization for which the contractor is a primary

23  qualifying agent or secondary qualifying agent responsible

24  under s. 489.522 guilty of any of the grounds set forth in

25  subsection (1), it may enter an order imposing one or more of

26  the following penalties:

27         (a)  Denial of an application for certification or

28  registration.

29         (b)  Revocation or suspension of a certificate or

30  registration.

31

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  1         (c)  Imposition of an administrative fine not to exceed

  2  $5,000 for each count or separate offense.

  3         (d)  Issuance of a reprimand.

  4         (e)  Placement of the contractor on probation for a

  5  period of time and subject to such conditions as the board may

  6  specify, including requiring the contractor to attend

  7  continuing education courses or to work under the supervision

  8  of another contractor.

  9         (f)  Restriction of the authorized scope of practice by

10  the contractor.

11         (g)  Require financial restitution to a consumer.

12         (3)  In recommending penalties in any proposed

13  recommended final order, the department shall follow the

14  penalty guidelines established by the board by rule.  The

15  department shall advise the administrative law judge of the

16  appropriate penalty, including mitigating and aggravating

17  circumstances, and the specific rule citation.

18         (4)  The board may not reinstate the certificate or

19  registration of, or cause a certificate or registration to be

20  issued to, a person who the board has determined unqualified

21  until it is satisfied that such person has complied with all

22  the terms and conditions set forth in the final order and is

23  capable of competently engaging in the business of

24  contracting.

25         (5)  When the board imposes administrative fines

26  pursuant to subsection (2) resulting from violation of chapter

27  633 or violation of the rules of the State Fire Marshal, 50

28  percent of the fine shall be paid into the Insurance

29  Commissioner's Regulatory Trust Fund to help defray the costs

30  of investigating the violations and obtaining the corrective

31  action. The State Fire Marshal may participate at its

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  1  discretion, but not as a party, in any proceedings before the

  2  board relating to violation of chapter 633 or the rules of the

  3  State Fire Marshal, in order to make recommendations as to the

  4  appropriate penalty in such case. However, the State Fire

  5  Marshal shall not have standing to bring disciplinary

  6  proceedings regarding certification.

  7         (6)  The board may restrain any violation of this part

  8  by action in a court of competent jurisdiction.

  9         (7)(a)  The department may, by rule, provide for a

10  mediation process for the complainant and the licensee.

11  Notwithstanding the provisions of chapters 120 and 455, upon

12  receipt of a legally sufficient consumer complaint alleging a

13  violation of this part, both the licensee and the complainant

14  may consent in writing to mediation within 15 days following

15  notification of this process by the department.  The

16  department may suspend all action in the matter for 45 days

17  when notice of consent to mediation is received by the

18  department. If the mediation process is successfully concluded

19  within the 60-day period, the department may close the case

20  file with a notation of the disposition and the licensee's

21  record shall reflect only that a complaint was filed and

22  resolved through mediation.  If mediation is rejected by

23  either the complainant or licensee, or should said parties

24  fail to reach a mediated solution within the 60-day period,

25  the department shall process the complaint in the manner

26  required by chapters 120 and 455.  The mediator shall provide

27  a written report to the department of the mediation results

28  within 10 days of the conclusion of the mediation process as

29  provided by rule.

30         (b)  No licensee may avail himself or herself of the

31  mediation process more than three times without the approval

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  1  of the board.  The board may consider the subject and the

  2  dates of the earlier complaints in rendering its decision. The

  3  board's decision shall not be considered a final agency action

  4  and is not appealable.

  5         (c)  The licensee shall bear all costs of mediation.

  6         (d)  Mediation shall be conducted according to rules of

  7  practice and procedure for circuit court as adopted by the

  8  Supreme Court.  The mediator shall be a certified circuit

  9  court mediator.

10         (e)  The department, in conjunction with the board,

11  shall determine by rule the types of cases which may be

12  included in the mediation process. The department may initiate

13  or continue disciplinary action, pursuant to chapter 455 and

14  this chapter against the licensee as determined by rule.

15         Section 22.  Section 489.5335, Florida Statutes, is

16  amended to read:

17         489.5335  Journeyman; reciprocity; standards; statewide

18  journeyman competency card.--

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

20  license in the electrical trade issued by any county or

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

22  other county or municipality of this state without taking an

23  additional examination or paying an additional license fee, if

24  he or she:

25         (a)  Has scored at least 70 percent, or after October

26  1, 1997, at least 75 percent, on a proctored journeyman Block

27  and Associates examination or other proctored examination

28  approved by the board for the electrical trade;

29         (b)  Has completed an apprenticeship program registered

30  with the Department of Labor and Employment Security and

31  demonstrates 4 years' verifiable practical experience in the

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  1  electrical trade, or demonstrates 6 years' verifiable

  2  practical experience in the electrical trade;

  3         (c)  Has satisfactorily completed specialized and

  4  advanced module coursework approved by the Florida Building

  5  Commission, as part of the Building Code Training Program

  6  established in s. 553.841, specific to the discipline, and

  7  successfully completed the program's core curriculum courses

  8  or passed an equivalency test in lieu of taking the core

  9  curriculum courses and provided proof of completion of such

10  curriculum courses or examination and obtained a certificate

11  from the board pursuant to this part or, pursuant to

12  authorization by the certifying authority, provides proof of

13  completion of such curriculum or coursework within 6 months

14  after such certification; and

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

16  the last 5 years.

17         (2)  The department shall issue a statewide journeyman

18  competency card to each person applying for the card who has

19  submitted satisfactory evidence of having met the requirements

20  of subsection (1) and a fee of $25. Each statewide journeyman

21  competency card shall include a picture of the person in whose

22  name it has been issued, and such person must sign the card to

23  validate it. Each person to whom a statewide journeyman

24  competency card has been issued must have the card in his or

25  her possession while engaged in electrical trade duties. Each

26  person to whom a statewide journeyman competency card has been

27  issued is responsible for its safekeeping and may neither loan

28  the card to any other person nor allow any other person to use

29  or display it. A statewide journeyman competency card may be

30  used throughout the state for the purposes of subsection (1)

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

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  1  violation of subsection (1) or any other applicable provision

  2  of state or local law.

  3         (2)  A local government may charge a registration fee

  4  for reciprocity, not to exceed $25.

  5         Section 23.  Section 489.537, Florida Statutes, is

  6  amended to read:

  7         489.537  Application of this part.--

  8         (1)  This part applies to any contractor performing

  9  work for the state or any county or municipality.

10         (2)(a)  The scope of electrical contracting shall apply

11  to private and public property and shall include any

12  excavation, paving, and other related work incidental thereto

13  and shall include the work of all specialty electrical

14  contractors.  However, such electrical contractor shall

15  subcontract the work of any other craft for which an

16  examination for a certificate of competency or registration or

17  a license is required, unless such contractor is certified or

18  registered or holds a license for the respective trade

19  category as required by the appropriate local authority.

20         (b)  A local certified registered electrical contractor

21  may bid on electrical contracts which include alarm systems

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

23  individual shall subcontract such alarm systems contracting,

24  except raceway systems, to a properly certified or registered

25  alarm system contractor. Local certified Registered electrical

26  contractors may install raceways for alarm systems. However,

27  if the local certified registered electrical contractor is

28  properly certified or registered as an alarm system

29  contractor, the individual is not required to subcontract out

30  the alarm system contracting.

31

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

  2  municipality or county:

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

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

  5  and inspections which is designed to secure compliance with,

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

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

  8  public health and safety.

  9         (b)  Notwithstanding any other provision of law, to

10  collect fees for occupational licenses and inspections for

11  engaging in contracting or examination fees from persons who

12  are registered with the local boards pursuant to local

13  examination requirements.

14         (c)  To adopt any system of permits requiring

15  submission to and approval by the municipality or county of

16  plans and specifications for work to be performed by

17  contractors before commencement of the work.

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

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

20  conditioned only upon compliance with the Florida Building

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

22  equally available to all electrical contractors without regard

23  to the period of time an electrical contractor has been

24  certified or registered and without regard to any financial

25  responsibility requirements.  Any such bonds shall be payable

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

27  which a building permit is requested.  Bond reciprocity shall

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

29  meeting any financial responsibility requirements imposed by

30  any statute or rule.

31

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  1         (d)1.(e)1.  To refuse to issue permits or issue permits

  2  with specific conditions to a contractor who has committed

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

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

  5  has involved revocation or suspension of a license, imposition

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

  7         2.  To issue permits with specific conditions to a

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

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

10  local board or agency that issues permits to which licenses

11  contractors and has reported the action pursuant to subsection

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

13  the capacity of a contractor without a license.

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

15  related permits shall ascertain that the applicant contractor

16  is certified or registered and duly qualified according to any

17  local requirements in the area where the construction is to

18  take place before issuing the permit.  The evidence shall

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

20  evidence of proper certification or registration and local

21  qualification.

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

23  provide examinations for their territorial area, provided that

24  no examination is given the holder of a certificate.

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

26  an applicant shall also be registered with the board.

27         (c)  Each local board or agency that issues permits to

28  which licenses contractors shall transmit monthly to the board

29  a report of any disciplinary action taken against contractors

30  and any administrative or disciplinary action taken against

31  unlicensed persons for engaging in the business or acting in

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

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

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

  4  any municipality or county is preserved.

  5         (6)(7)  The scope of work of a certified unlimited

  6  electrical contractor includes the work of a certified alarm

  7  system contractor as provided in this part.

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

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

10         (8)(9)  A local certified registered electrical

11  contractor, an alarm system contractor II certificateholder,

12  and a local certified registered alarm system contractor II

13  shall be allowed to install residential smoke detectors or

14  residential heat detectors.

15         Section 24.  Effective January 1, 2003, subsection (3)

16  of section 489.537, Florida Statutes, as amended by chapter

17  2001-186, Laws of Florida, and this act, is amended to read:

18         489.537  Application of this part.--

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

20  municipality or county:

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

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

23  and inspections which is designed to secure compliance with,

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

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

26  public health and safety.

27         (b)  Notwithstanding any other provision of law, to

28  collect fees for occupational licenses and inspections for

29  engaging in contracting or examination fees from persons who

30  are registered with the local boards pursuant to local

31  examination requirements.

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  1         (c)  To adopt any system of permits requiring

  2  submission to and approval by the municipality or county of

  3  plans and specifications for work to be performed by

  4  contractors before commencement of the work.

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

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

  7  conditioned only upon compliance with the Florida Building

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

  9  equally available to all electrical contractors without regard

10  to the period of time an electrical contractor has been

11  certified or registered and without regard to any financial

12  responsibility requirements.  Any such bonds shall be payable

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

14  which a building permit is requested.  Bond reciprocity shall

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

16  meeting any financial responsibility requirements imposed by

17  any statute or rule.

18         (d)1.(e)1.  To refuse to issue permits or issue permits

19  with specific conditions to a contractor who has committed

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

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

22  has involved revocation or suspension of a license, imposition

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

24         2.  To issue permits with specific conditions to a

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

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

27  local board or agency that issues permits to which licenses

28  contractors and has reported the action pursuant to subsection

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

30  the capacity of a contractor without a license.

31

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  1         (e)(f)  To require that one electrical journeyman, who

  2  is a graduate of the Institute of Applied Technology in

  3  Construction Excellence or licensed pursuant to s. 489.5335,

  4  be present on an industrial or commercial new construction

  5  site with a facility of 50,000 gross square feet or more when

  6  electrical work in excess of 77 volts is being performed in

  7  order to supervise or perform such work, except as provided in

  8  s. 489.503.

  9         Section 25.  Subsection (3) of section 205.194, Florida

10  Statutes, is amended to read:

11         205.194  Prohibition of local occupational licensure

12  without exhibition of state license or registration.--

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

14  489.117, s. 489.119, or s. 489.131, s. 489.511, s. 489.513, s.

15  489.521, or s. 489.537.

16         Section 26.  Section 489.5391, Florida Statutes, is

17  created to read:

18         489.5391  Unlicensed contracting; fine; authority to

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

20         (1)  Any person performing an activity requiring

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

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

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

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

25  local contractor license or local certificate of competency.

26  Persons working outside the geographical scope of their local

27  certification are guilty of unlicensed activity for purposes

28  of this part.

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

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

31  unlicensed person guilty of unlicensed contracting. In

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  1  addition, the department may assess reasonable investigative

  2  and legal costs for prosecution of the violation against the

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

  4  of any fine imposed if the unlicensed contractor complies with

  5  licensure within 1 year after imposition of the fine under

  6  this subsection.

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

  8  first used to cover the investigative and legal costs of

  9  prosecution.

10         (b)  Any local governing body that forwards information

11  relating to any person who is an unlicensed contractor shall

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

13  the investigative and legal costs of prosecution.

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

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

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

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

18  building permit to any contractor, or to any person

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

20  hold a valid active license in the appropriate category.

21  Possession of a local certificate of competency or local

22  construction license is not sufficient to lawfully obtain a

23  building permit as a construction contractor if the activity

24  in question requires licensure under this part. Nothing in

25  this section shall be construed as prohibiting a local

26  building department from issuing a building permit to a

27  locally licensed or certified contractor for an activity that

28  does not require licensure under this part.

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

30  through its Internet website, dedicated solely to listing any

31  known information concerning unlicensed contractors. The

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

  2  with computer on-line capabilities can access information

  3  concerning unlicensed contractors by name or by county. The

  4  department shall recognize that persons found guilty of

  5  unlicensed contracting do not have the same rights and

  6  privileges as licensees, and the department shall not restrict

  7  the quality or quantity of information on the web page

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

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

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

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

12  is intended to prohibit the department or any local governing

13  body from filing a civil action or seeking criminal penalties