Senate Bill sb0792

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    Florida Senate - 2005                                   SB 792

    By Senator Haridopolos





    26-849-05                                           See HB 213

  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 481.221, F.S.; requiring the Board

  4         of Architecture and Interior Design to

  5         prescribe, by rule, one or more forms of seals

  6         for use by a registered architect or interior

  7         designer who holds a valid certificate of

  8         registration; authorizing use of one seal and

  9         registration of the seal electronically;

10         authorizing electronic transmission and sealing

11         of final plans, specifications, or reports;

12         prohibiting signing or sealing of final plans,

13         specifications, or reports after expiration,

14         suspension, or revocation of certificate of

15         registration; requiring surrender of the seal

16         upon suspension or revocation of the

17         certificate of registration; amending s.

18         481.321, F.S.; requiring the Board of Landscape

19         Architecture to prescribe, by rule, one or more

20         forms of seals for use by a registered

21         landscape architect who holds a valid

22         certificate of registration; authorizing use of

23         one seal and registration of the seal

24         electronically; authorizing electronic

25         transmission and sealing of final plans,

26         specifications, or reports; prohibiting signing

27         or sealing of final plans, specifications, or

28         reports after expiration, suspension, or

29         revocation of certificate of registration;

30         requiring surrender of the seal upon suspension

31         or revocation of the certificate of

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1         registration; reenacting s. 481.225(1)(a) and

 2         (3), F.S., relating to disciplinary proceedings

 3         against registered architects, to incorporate

 4         the amendment to s. 481.221, F.S., in a

 5         reference thereto; providing penalties;

 6         reenacting s. 481.325(1)(a) and (3), F.S.,

 7         relating to disciplinary proceedings against

 8         registered landscape architects, to incorporate

 9         the amendment to s. 481.321, F.S., in a

10         reference thereto; providing penalties;

11         amending s. 489.103, F.S.; exempting

12         preengineered fire extinguishing system

13         permittees from construction contracting

14         regulation; amending s. 489.105, F.S.; revising

15         contractor definitions to authorize Class A and

16         Class B air-conditioning contractors to

17         disconnect or reconnect changeouts of liquefied

18         petroleum or natural gas appliances within

19         buildings, mechanical contractors to install,

20         maintain, fabricate, repair, alter, extend, or

21         design, when not prohibited by law, liquefied

22         petroleum gas lines within buildings, and

23         plumbing contractors to install liquefied

24         petroleum gas and related venting lines;

25         providing an effective date.

26  

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

28  

29         Section 1.  Section 481.221, Florida Statutes, is

30  amended to read:

31         481.221  Seals; display of certificate number.--

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1         (1)  The board shall prescribe, by rule, one or more

 2  forms of distinctively different seals to be used by

 3  registered architects and interior designers, respectively,

 4  holding valid certificates of registration.

 5         (2)(a)  Each registered architect shall obtain one an

 6  impression-type metal seal in a form approved by rule of the

 7  board and may, in addition, register her or his seal

 8  electronically in accordance with ss. 668.001-668.006.,and All

 9  final construction documents and instruments of service which

10  include drawings, plans, specifications, or reports prepared

11  or issued by the registered architect and being filed for

12  public record shall bear the signature and seal of the

13  registered architect who prepared or approved the document and

14  the date on which they were sealed. The signature, date, and

15  seal shall be evidence of the authenticity of that to which

16  they are affixed. Final plans, specifications, or reports

17  prepared or issued by a registered architect may be

18  transmitted electronically and may be signed by the registered

19  architect, dated, and sealed electronically with the seal in

20  accordance with ss. 668.001-668.006.

21         (3)(b)  The board shall adopt a rule prescribing the

22  distinctly different seals to be used by registered interior

23  designers holding valid certificates of registration. Each

24  registered interior designer shall obtain a seal as prescribed

25  by the board, and all drawings, plans, specifications, or

26  reports prepared or issued by the registered interior designer

27  and being filed for public record shall bear the signature and

28  seal of the registered interior designer who prepared or

29  approved the document and the date on which they were sealed.

30  The signature, date, and seal shall be evidence of the

31  authenticity of that to which they are affixed. Final plans,

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  specifications, or reports prepared or issued by a registered

 2  interior designer may be transmitted electronically and may be

 3  signed by the registered interior designer, dated, and sealed

 4  electronically with the seal in accordance with ss.

 5  668.001-668.006.

 6         (4)(2)  No registered architect shall affix, or permit

 7  to be affixed, her or his seal or signature to any final

 8  construction document or instrument of service which includes

 9  any plan, specification, drawing, or other document which

10  depicts work which she or he is not competent to perform.

11         (5)(3)  No registered interior designer shall affix, or

12  permit to be affixed, her or his seal or signature to any

13  plan, specification, drawing, or other document which depicts

14  work which she or he is not competent or licensed to perform.

15         (6)(4)  No registered architect shall affix her or his

16  signature or seal to any final construction document or

17  instrument of service which includes drawings, plans,

18  specifications, or architectural documents which were not

19  prepared by her or him or under her or his responsible

20  supervising control or by another registered architect and

21  reviewed, approved, or modified and adopted by her or him as

22  her or his own work according to rules adopted by the board.

23         (7)(5)  No registered interior designer shall affix her

24  or his signature or seal to any plans, specifications, or

25  other documents which were not prepared by her or him or under

26  her or his responsible supervising control or by another

27  registered interior designer and reviewed, approved, or

28  modified and adopted by her or him as her or his own work

29  according to rules adopted by the board.

30         (8)(6)  Final construction documents or instruments of

31  service which include plans, drawings, specifications, or

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  other architectural documents prepared by a registered

 2  architect as part of her or his architectural practice shall

 3  be of a sufficiently high standard to clearly and accurately

 4  indicate or illustrate all essential parts of the work to

 5  which they refer.

 6         (9)(7)  Studies, drawings, specifications, and other

 7  related documents prepared by a registered interior designer

 8  in providing interior design services shall be of a

 9  sufficiently high standard to clearly and accurately indicate

10  all essential parts of the work to which they refer.

11         (10)(8)  Each registered architect or interior

12  designer, and each corporation or partnership holding a

13  certificate of authorization, shall include its certificate

14  number in any newspaper, telephone directory, or other

15  advertising medium used by the registered architect, interior

16  designer, corporation, or partnership. A corporation or

17  partnership is not required to display the certificate number

18  of individual registered architects or interior designers

19  employed by or working within the corporation or partnership.

20         (11)(9)  When the certificate of registration of a

21  registered architect or interior designer has been revoked or

22  suspended by the board, the registered architect or interior

23  designer shall surrender her or his seal to the secretary of

24  the board within a period of 30 days after the revocation or

25  suspension has become effective. If the certificate of the

26  registered architect or interior designer has been suspended

27  for a period of time, her or his seal shall be returned to her

28  or him upon expiration of the suspension period.

29         (12)  A person may not sign and seal by any means any

30  final plan, specification, or report after her or his

31  certificate of registration has expired or is suspended or

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  revoked. A registered architect or interior designer whose

 2  certificate of registration is suspended or revoked shall,

 3  within 30 days after the effective date of the suspension or

 4  revocation, surrender her or his seal to the executive

 5  director of the board and confirm in writing to the executive

 6  director the cancellation of the registered architect's or

 7  interior designer's electronic signature in accordance with

 8  ss. 668.001-668.006. When a registered architect's or interior

 9  designer's certificate of registration is suspended for a

10  period of time, her or his seal shall be returned upon

11  expiration of the period of suspension.

12         Section 2.  Subsections (1) and (2) of section 481.321,

13  Florida Statutes, are amended to read:

14         481.321  Seals; display of certificate number.--

15         (1)  The board shall prescribe, by rule, one or more

16  forms of seals for use a form of seal to be used by a

17  registered landscape architect who holds a valid certificate

18  of registration. Each registered landscape architect shall

19  obtain one an impression-type metal seal in a form approved by

20  rule of the board and may, in addition, register her or his

21  seal electronically in accordance with ss. 668.001-668.006.,

22  and All final plans, specifications, or reports prepared or

23  issued by the registered landscape architect and filed for

24  public record shall be signed by the registered landscape

25  architect, dated, and stamped or sealed electronically with

26  her or his seal. The signature, date, and seal constitute

27  evidence of the authenticity of that to which they are

28  affixed. Final plans, specifications, or reports prepared or

29  issued by a registered landscape architect may be transmitted

30  electronically and may be signed by the registered landscape

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  architect, dated, and sealed electronically with the seal in

 2  accordance with ss. 668.001-668.006.

 3         (2)  It is unlawful for any person to sign and seal by

 4  any means any final plan, specification, or report after her

 5  or his certificate of registration is expired, suspended, or

 6  revoked. A registered landscape architect whose certificate of

 7  registration is suspended or revoked shall, within 30 days

 8  after the effective date of the suspension or revocation,

 9  surrender her or his seal to the executive director of the

10  board and confirm in writing to the executive director the

11  cancellation of the landscape architect's electronic signature

12  in accordance with ss. 668.001-668.006. When a landscape

13  architect's certificate of registration is suspended for a

14  period of time, her or his seal shall be returned upon

15  expiration of the period of suspension. When the certificate

16  of registration of a registered landscape architect has been

17  revoked or suspended by the board, the registered landscape

18  architect shall surrender her or his seal to the executive

19  director of the board within 30 days after the revocation or

20  suspension has become effective. If the certificate of the

21  registered landscape architect is suspended for a period of

22  time, her or his seal shall be returned to her or him upon

23  expiration of the suspension period.

24         Section 3.  For the purpose of incorporating the

25  amendment to section 481.221, Florida Statutes, in a reference

26  thereto, paragraph (a) of subsection (1) and subsection (3) of

27  section 481.225, Florida Statutes, are reenacted to read:

28         481.225  Disciplinary proceedings against registered

29  architects.--

30         (1)  The following acts constitute grounds for which

31  the disciplinary actions in subsection (3) may be taken:

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1         (a)  Violating any provision of s. 455.227(1), s.

 2  481.221, or s. 481.223, or any rule of the board or department

 3  lawfully adopted pursuant to this part or chapter 455.

 4         (3)  When the board finds any registered architect

 5  guilty of any of the grounds set forth in subsection (1), it

 6  may enter an order imposing one or more of the following

 7  penalties:

 8         (a)  Denial of an application for licensure.

 9         (b)  Revocation or suspension of a license.

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

11  $1,000 for each count or separate offense and a fine of up to

12  $5,000 for matters pertaining to a material violation of the

13  Florida Building Code as reported by a local jurisdiction.

14         (d)  Issuance of a reprimand.

15         (e)  Placement of the registered architect on probation

16  for a period of time and subject to such conditions as the

17  board may specify, including requiring the registered

18  architect to attend continuing education courses or to work

19  under the supervision of another registered architect.

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

21  the registered architect.

22         Section 4.  For the purpose of incorporating the

23  amendment to section 481.321, Florida Statutes, in a reference

24  thereto, paragraph (a) of subsection (1) and subsection (3) of

25  section 481.325, Florida Statutes, are reenacted to read:

26         481.325  Disciplinary proceedings.--

27         (1)  The following acts constitute grounds for which

28  the disciplinary actions in subsection (3) may be taken:

29         (a)  Violation of any provision of s. 455.227(1), s.

30  481.321, or s. 481.323.

31  

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1         (3)  When the board finds any registered landscape

 2  architect guilty of any of the grounds set forth in subsection

 3  (1), it may enter an order imposing one or more of the

 4  following penalties:

 5         (a)  Denial of an application for licensure.

 6         (b)  Revocation or suspension of a license.

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

 8  $1,000 for each count or separate offense and a fine of up to

 9  $5,000 for matters pertaining to a material violation of the

10  Florida Building Code as reported by a local jurisdiction.

11         (d)  Issuance of a reprimand.

12         (e)  Placement of the registered landscape architect on

13  probation for a period of time and subject to such conditions

14  as the board may specify, including requiring the registered

15  landscape architect to attend continuing education courses or

16  to work under the supervision of another registered landscape

17  architect.

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

19  the registered landscape architect.

20         Section 5.  Subsection (20) is added to section

21  489.103, Florida Statutes, to read:

22         489.103  Exemptions.--This part does not apply to:

23         (20)  A person licensed pursuant to s. 633.061(1)(d) or

24  (2)(b) performing work authorized by such license.

25         Section 6.  Paragraphs (f), (g), (i), and (m) of

26  subsection (3) of section 489.105, Florida Statutes, are

27  amended to read:

28         489.105  Definitions.--As used in this part:

29         (3)  "Contractor" means the person who is qualified

30  for, and shall only be responsible for, the project contracted

31  for and means, except as exempted in this part, the person

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  who, for compensation, undertakes to, submits a bid to, or

 2  does himself or herself or by others construct, repair, alter,

 3  remodel, add to, demolish, subtract from, or improve any

 4  building or structure, including related improvements to real

 5  estate, for others or for resale to others; and whose job

 6  scope is substantially similar to the job scope described in

 7  one of the subsequent paragraphs of this subsection. For the

 8  purposes of regulation under this part, "demolish" applies

 9  only to demolition of steel tanks over 50 feet in height;

10  towers over 50 feet in height; other structures over 50 feet

11  in height, other than buildings or residences over three

12  stories tall; and buildings or residences over three stories

13  tall. Contractors are subdivided into two divisions, Division

14  I, consisting of those contractors defined in paragraphs

15  (a)-(c), and Division II, consisting of those contractors

16  defined in paragraphs (d)-(q):

17         (f)  "Class A air-conditioning contractor" means a

18  contractor whose services are unlimited in the execution of

19  contracts requiring the experience, knowledge, and skill to

20  install, maintain, repair, fabricate, alter, extend, or

21  design, when not prohibited by law, central air-conditioning,

22  refrigeration, heating, and ventilating systems, including

23  duct work in connection with a complete system only to the

24  extent such duct work is performed by the contractor as is

25  necessary to make complete an air-distribution system, boiler

26  and unfired pressure vessel systems, and all appurtenances,

27  apparatus, or equipment used in connection therewith, and any

28  duct cleaning and equipment sanitizing which requires at least

29  a partial disassembling of the system; to install, maintain,

30  repair, fabricate, alter, extend, or design, when not

31  prohibited by law, piping, insulation of pipes, vessels and

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  ducts, pressure and process piping, and pneumatic control

 2  piping; to replace, disconnect, or reconnect power wiring on

 3  the load side of the dedicated existing electrical disconnect

 4  switch; to install, disconnect, and reconnect low voltage

 5  heating, ventilating, and air-conditioning control wiring; and

 6  to install a condensate drain from an air-conditioning unit to

 7  an existing safe waste or other approved disposal other than a

 8  direct connection to a sanitary system. The scope of work for

 9  such contractor shall also include any excavation work

10  incidental thereto, but shall not include any work such as

11  liquefied petroleum or natural gas fuel lines within

12  buildings, except for disconnecting or reconnecting changeouts

13  of liquefied petroleum or natural gas appliances within

14  buildings; potable water lines or connections thereto;,

15  sanitary sewer lines;, swimming pool piping and filters;, or

16  electrical power wiring.

17         (g)  "Class B air-conditioning contractor" means a

18  contractor whose services are limited to 25 tons of cooling

19  and 500,000 Btu of heating in any one system in the execution

20  of contracts requiring the experience, knowledge, and skill to

21  install, maintain, repair, fabricate, alter, extend, or

22  design, when not prohibited by law, central air-conditioning,

23  refrigeration, heating, and ventilating systems, including

24  duct work in connection with a complete system only to the

25  extent such duct work is performed by the contractor as is

26  necessary to make complete an air-distribution system being

27  installed under this classification, and any duct cleaning and

28  equipment sanitizing which requires at least a partial

29  disassembling of the system; to install, maintain, repair,

30  fabricate, alter, extend, or design, when not prohibited by

31  law, piping and insulation of pipes, vessels, and ducts; to

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  replace, disconnect, or reconnect power wiring on the load

 2  side of the dedicated existing electrical disconnect switch;

 3  to install, disconnect, and reconnect low voltage heating,

 4  ventilating, and air-conditioning control wiring; and to

 5  install a condensate drain from an air-conditioning unit to an

 6  existing safe waste or other approved disposal other than a

 7  direct connection to a sanitary system. The scope of work for

 8  such contractor shall also include any excavation work

 9  incidental thereto, but shall not include any work such as

10  liquefied petroleum or natural gas fuel lines within

11  buildings, except for disconnecting or reconnecting changeouts

12  of liquefied petroleum or natural gas appliances within

13  buildings; potable water lines or connections thereto;,

14  sanitary sewer lines;, swimming pool piping and filters;, or

15  electrical power wiring.

16         (i)  "Mechanical contractor" means a contractor whose

17  services are unlimited in the execution of contracts requiring

18  the experience, knowledge, and skill to install, maintain,

19  repair, fabricate, alter, extend, or design, when not

20  prohibited by law, central air-conditioning, refrigeration,

21  heating, and ventilating systems, including duct work in

22  connection with a complete system only to the extent such duct

23  work is performed by the contractor as is necessary to make

24  complete an air-distribution system, boiler and unfired

25  pressure vessel systems, lift station equipment and piping,

26  and all appurtenances, apparatus, or equipment used in

27  connection therewith, and any duct cleaning and equipment

28  sanitizing which requires at least a partial disassembling of

29  the system; to install, maintain, repair, fabricate, alter,

30  extend, or design, when not prohibited by law, piping,

31  insulation of pipes, vessels and ducts, pressure and process

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  piping, pneumatic control piping, gasoline tanks and pump

 2  installations and piping for same, standpipes, air piping,

 3  vacuum line piping, oxygen lines, nitrous oxide piping, ink

 4  and chemical lines, fuel transmission lines, liquefied

 5  petroleum gas lines within buildings, and natural gas fuel

 6  lines within buildings; to replace, disconnect, or reconnect

 7  power wiring on the load side of the dedicated existing

 8  electrical disconnect switch; to install, disconnect, and

 9  reconnect low voltage heating, ventilating, and

10  air-conditioning control wiring; and to install a condensate

11  drain from an air-conditioning unit to an existing safe waste

12  or other approved disposal other than a direct connection to a

13  sanitary system. The scope of work for such contractor shall

14  also include any excavation work incidental thereto, but shall

15  not include any work such as liquefied petroleum gas fuel

16  lines within buildings, potable water lines or connections

17  thereto, sanitary sewer lines, swimming pool piping and

18  filters, or electrical power wiring.

19         (m)  "Plumbing contractor" means a contractor whose

20  contracting business consists of the execution of contracts

21  requiring the experience, financial means, knowledge, and

22  skill to install, maintain, repair, alter, extend, or, when

23  not prohibited by law, design plumbing. A plumbing contractor

24  may install, maintain, repair, alter, extend, or, when not

25  prohibited by law, design the following without obtaining any

26  additional local regulatory license, certificate, or

27  registration: sanitary drainage or storm drainage facilities;

28  venting systems; public or private water supply systems;

29  septic tanks; drainage and supply wells; swimming pool piping;

30  irrigation systems; or solar heating water systems and all

31  appurtenances, apparatus, or equipment used in connection

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1  therewith, including boilers and pressure process piping and

 2  including the installation of water, natural gas, liquefied

 3  (excluding liquid petroleum gas and related venting gases),

 4  and storm and sanitary sewer lines; and water and sewer plants

 5  and substations. The scope of work of the plumbing contractor

 6  also includes the design, when not prohibited by law, and

 7  installation, maintenance, repair, alteration, or extension of

 8  air-piping, vacuum line piping, oxygen line piping, nitrous

 9  oxide piping, and all related medical gas systems; fire line

10  standpipes and fire sprinklers to the extent authorized by

11  law; ink and chemical lines; fuel oil and gasoline piping and

12  tank and pump installation, except bulk storage plants; and

13  pneumatic control piping systems, all in such a manner as to

14  comply with all plans, specifications, codes, laws, and

15  regulations applicable. The scope of work of the plumbing

16  contractor shall apply to private property and public

17  property, shall include any excavation work incidental

18  thereto, and shall include the work of the specialty plumbing

19  contractor. Such contractor shall subcontract, with a

20  qualified contractor in the field concerned, all other work

21  incidental to the work but which is specified herein as being

22  the work of a trade other than that of a plumbing contractor.

23  Nothing in this definition shall be construed to limit the

24  scope of work of any specialty contractor certified pursuant

25  to s. 489.113(6). Nothing in this definition shall be

26  construed to require certification or registration under this

27  part of any authorized employee of a public natural gas

28  utility or of a private natural gas utility regulated by the

29  Public Service Commission when disconnecting and reconnecting

30  water lines in the servicing or replacement of an existing

31  water heater.

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    Florida Senate - 2005                                   SB 792
    26-849-05                                           See HB 213




 1         Section 7.  This act shall take effect July 1, 2005.

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