Senate Bill sb1486c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
By the Committee on Regulated Industries; and Senator Posey
580-2435-06
1 A bill to be entitled
2 An act relating to professional regulation by
3 the Department of Business and Professional
4 Regulation; amending s. 468.385, F.S.;
5 requiring an applicant for an auctioneer
6 license to submit fingerprints with the
7 application; amending s. 468.609, F.S.;
8 providing eligibility requirements for a person
9 to take the examination for certification as a
10 building code inspector or plans examiner;
11 revising a reference to the organization
12 administering certain examinations; amending s.
13 468.617, F.S.; authorizing certain limited
14 certificateholders to provide services to
15 specified jurisdictions; amending s. 468.619,
16 F.S.; providing for the application of the
17 building code enforcement officials' bill of
18 rights to certain disciplinary investigations
19 and proceedings; amending s. 468.621, F.S.;
20 providing for disciplinary proceedings for
21 violations involving failure to follow building
22 code or permit requirements, obstructing an
23 investigation, and accepting services at a
24 noncompetitive rate from any person whose work
25 is under the enforcement authority of the
26 official, under certain circumstances; amending
27 s. 468.627, F.S.; providing requirements for
28 continuing education in ethics; removing
29 provisions relating to an option of taking an
30 equivalency test in lieu of taking core
31 curriculum classes; amending s. 489.115, F.S.;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 requiring applicants for initial issuance of a
2 certificate or registration as a contractor to
3 submit to criminal history records checks;
4 authorizing the board to deny licensure to
5 certain applicants; specifying matters the
6 board must consider concerning licensure;
7 prohibiting the denial of licensure based
8 solely on a felony conviction or the status of
9 the civil rights of the applicant; specifying
10 that guidelines for determining financial
11 stability may include minimum requirements for
12 net worth, cash, and bonding; providing that a
13 portion of financial requirements may be met by
14 completing specified coursework; providing an
15 effective date.
16
17 WHEREAS, the state licenses and regulates the
18 construction industry for the benefit of its citizens in order
19 to protect their health, safety, and welfare, and
20 WHEREAS, it is critical to the health, safety, and
21 welfare of the public that the laws enacted by the Legislature
22 relating to construction permitting enforcement of the Florida
23 Building Code and licensing of the industry be implemented and
24 enforced, and
25 WHEREAS, it is critical that the public be able to
26 place their trust in the public officials who are charged with
27 enforcement of those laws and codes, and
28 WHEREAS, in order for enforcement officials, licensing
29 investigators, local and state regulatory boards, and their
30 supporting legal staff to perform licensing and disciplinary
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 functions, they must have the enabling legislation and
2 authority to do so, NOW, THEREFORE,
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (4) and (7) of section 468.385,
7 Florida Statutes, are amended and present subsection (8) of
8 that section is redesignated as subsection (9), and a new
9 subsection (8) is added to that section, to read:
10 468.385 Licenses required; qualifications;
11 examination.--
12 (4) Any person seeking a license as an auctioneer must
13 pass a written examination approved by the board which tests
14 his or her general knowledge of the laws of this state
15 relating to provisions of the Uniform Commercial Code which
16 that are relevant to auctions, the laws of agency, and the
17 provisions of this act. Each applicant must also file a
18 complete set of fingerprints taken by an authorized law
19 enforcement officer. The department must submit the
20 fingerprints to the Department of Law Enforcement for state
21 processing and to the Federal Bureau of Investigation for
22 federal processing. The cost of processing shall be borne by
23 the applicant.
24 (7)(a) Any auction that is subject to the provisions
25 of this part must be conducted by an auctioneer who has an
26 active license or an apprentice who has an active apprentice
27 auctioneer license and who has received prior written sponsor
28 consent.
29 (b) A No business may not shall auction or offer to
30 auction any property in this state unless it is licensed as an
31 auction business by the board or is exempt from licensure
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 under this act. Each application for licensure shall include
2 the names of the owner and the business, the business mailing
3 address and location, and any other information which the
4 board may require. The owner of an auction business shall
5 report to the board within 30 days of any change in this
6 required information.
7 (8)(a) If an applicant for licensure is a sole
8 proprietorship, the application must identify the owner. If a
9 fictitious name is used, the applicant must furnish evidence
10 of compliance with fictitious-name provisions in s. 865.09.
11 (b) If an applicant is a partnership, corporation,
12 business trust, or other legal entity other than a sole
13 proprietorship, the application must provide the name of the
14 partnership and its partners; the name of the corporation and
15 its officers, directors, and stockholders who are also
16 officers or directors; the name of the business trust and its
17 trustees; or the name of any other form of legal entity and
18 its members. If a fictitious name is used, the applicant must
19 furnish evidence of compliance with fictitious-name
20 provisions. If any information that is required to be stated
21 on the application changes, the applicant must, within 45 days
22 after any change, mail the correct information to the
23 department.
24 (c) Any person licensed pursuant to this part whose
25 license has been revoked may not be an owner, partner,
26 officer, director, or trustee of an auction business for 5
27 years following such revocation. The person is also ineligible
28 to reapply for licensure for 5 years following such
29 revocation.
30 (d) An applicant must furnish evidence of financial
31 responsibility, credit history, and business reputation in the
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 auction business. The board shall adopt rules that specify the
2 financial-responsibility grounds upon which the board may deny
3 licensure and that define financial responsibility based upon
4 the applicant's credit history, ability to be bonded, and any
5 history of bankruptcy, insolvency proceedings, or assignment
6 of receivers.
7 (e) The board may deny licensure to an applicant if
8 any owner, partner, officer, director, trustee, or member of
9 the applicant has committed an act or offense in any
10 jurisdiction which would constitute a basis for disciplinary
11 action under s. 468.389.
12 (9)(8) A license issued by the department to an
13 auctioneer, apprentice, or auction business is not
14 transferable.
15 Section 2. Subsection (2) and paragraph (a) of
16 subsection (5) of section 468.609, Florida Statutes, are
17 amended to read:
18 468.609 Administration of this part; standards for
19 certification; additional categories of certification.--
20 (2) A person may take the examination for
21 certification as a building code inspector or plans examiner
22 pursuant to this part if the person:
23 (a) Is at least 18 years of age.
24 (b) Is of good moral character.
25 (c) Meets eligibility requirements according to one of
26 the following criteria:
27 1. Demonstrates 5 years' combined experience in the
28 field of construction or a related field, building code
29 inspection, or plans review corresponding to the certification
30 category sought;
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 2. Demonstrates a combination of postsecondary
2 education in the field of construction or a related field and
3 experience which totals 4 years, with at least 1 year of such
4 total being experience in construction, building code
5 inspection, or plans review;
6 3. Demonstrates a combination of technical education
7 in the field of construction or a related field and experience
8 which totals 4 years, with at least 1 year of such total being
9 experience in construction, building code inspection, or plans
10 review; or
11 4. Currently holds a standard certificate as issued by
12 the board and satisfactorily completes a building code
13 inspector or plans examiner training program of not less than
14 200 hours in the certification category sought. The board
15 shall establish by rule criteria for the development and
16 implementation of the training programs;.
17 5. Demonstrates a combination of technical education
18 in the field of building code inspection or plans review and
19 experience which totals 2 years, with at least 1 year of such
20 total being experience in construction, building code
21 inspection, or plans review. The technical education portion
22 of this requirement shall require proof of satisfactory
23 completion of a technical education program of not fewer than
24 400 hours in the chosen category of building code inspection
25 or plans review in the certification category sought with not
26 fewer than 20 hours of the technical education program
27 covering ethics and professional standards. The board shall
28 coordinate with the Building Officials Association of Florida,
29 Inc., to establish by rule the development and implementation
30 of the technical education programs; or
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 6. Has completed, at a minimum, an associate degree
2 program in construction management from an accredited
3 institution with a major in building code administration.
4 (d) After the Building Code Training Program is
5 established under s. 553.841, demonstrates successful
6 completion of the core curriculum approved by the Florida
7 Building Commission, appropriate to the licensing category
8 sought.
9 (5)(a) To obtain a standard certificate, an individual
10 must pass an examination approved by the board which
11 demonstrates that the applicant has fundamental knowledge of
12 the state laws and codes relating to the construction of
13 buildings for which the applicant has building code
14 administration, plans examination, or building code inspection
15 responsibilities. It is the intent of the Legislature that
16 the examination approved for certification pursuant to this
17 part be substantially equivalent to the examinations
18 administered by the International Code Council Southern
19 Building Code Congress International and the Council of
20 American Building Officials.
21 Section 3. Subsection (4) is added to section 468.617,
22 Florida Statutes, to read:
23 468.617 Joint building code inspection department;
24 other arrangements.--
25 (4) Nothing in this part prohibits any building code
26 inspector, plans examiner, or building code administrator
27 holding a limited certificate who is employed by a
28 jurisdiction within a statutorily defined small county from
29 providing building code inspection, plans review, or building
30 code administration services to another jurisdiction within a
31 statutorily defined small county.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 Section 4. Subsection (10) is added to section
2 468.619, Florida Statutes, to read:
3 468.619 Building code enforcement officials' bill of
4 rights.--
5 (10) This bill of rights applies to disciplinary
6 investigations and proceedings against licenses issued under
7 this part and disciplinary investigations and proceedings
8 relating to the official duties of an enforcement official.
9 This bill of rights does not apply to disciplinary
10 investigations and proceedings against other licenses that the
11 enforcement official holds or disciplinary investigations and
12 proceedings unrelated to the enforcement official's official
13 duties.
14 Section 5. Subsection (1) of section 468.621, Florida
15 Statutes, is amended to read:
16 468.621 Disciplinary proceedings.--
17 (1) The following acts constitute grounds for which
18 the disciplinary actions in subsection (2) may be taken:
19 (a) Violating or failing to comply with any provision
20 of this part, or a valid rule or lawful order of the board or
21 department pursuant thereto.
22 (b) Obtaining certification through fraud, deceit, or
23 perjury.
24 (c) Knowingly assisting any person practicing contrary
25 to the provisions of:
26 1. This part; or
27 2. The building code adopted by the enforcement
28 authority of that person.
29 (d) Having been convicted of a felony against this
30 state or the United States, or of a felony in another state
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 that would have been a felony had it been committed in this
2 state.
3 (e) Having been convicted of a crime in any
4 jurisdiction which directly relates to the practice of
5 building code administration or inspection.
6 (f) Making or filing a report or record that which the
7 certificateholder knew knows to be false, or knowingly
8 inducing another to file a false report or record, or
9 knowingly failing to file a report or record required by state
10 or local law, or knowingly impeding or obstructing such
11 filing, or knowingly inducing another person to impede or
12 obstruct such filing.
13 (g) Failing to properly enforce applicable building
14 codes or permit requirements within this state which the
15 certificateholder knew were applicable, by committing willful
16 misconduct, gross negligence, gross misconduct, repeated
17 negligence, or negligence resulting in a significant danger to
18 life or property.
19 (h) Issuing a building permit to a contractor, or any
20 person representing himself or herself as a contractor,
21 without obtaining the contractor's certificate or registration
22 number, where such a certificate or registration is required.
23 (i) Failing to lawfully execute the duties and
24 responsibilities specified in this part and ss. 553.73,
25 553.781, 553.79, and 553.791.
26 (j) Performing building code inspection services under
27 s. 553.791 without satisfying the insurance requirements of
28 that section.
29 (k) Obstructing an investigation or providing or
30 inducing another to provide forged documents, false forensic
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 evidence, or false testimony to a local or state board or
2 member thereof or to a licensing investigator.
3 (l) Accepting labor, services, or materials at no
4 charge or at a noncompetitive rate from any person who
5 performs work that is under the enforcement authority of the
6 enforcement official and who is not an immediate family member
7 of the enforcement official. The term "immediate family
8 member" includes a spouse, child, parent, sibling,
9 grandparent, aunt, uncle, or first cousin of the person or the
10 person's spouse or any person who resides in the primary
11 residence of the enforcement official.
12 Section 6. Subsections (5) and (6) of section 468.627,
13 Florida Statutes, are amended to read:
14 468.627 Application; examination; renewal; fees.--
15 (5) The certificateholder shall provide proof, in a
16 form established by board rule, that the certificateholder has
17 completed at least 14 classroom hours of at least 50 minutes
18 each of continuing education courses during each biennium
19 since the issuance or renewal of the certificate, including
20 the specialized or advanced coursework approved by the Florida
21 Building Commission, as part of the Building Code Training
22 Program established pursuant to s. 553.841, appropriate to the
23 licensing category sought. A minimum of 2 of the required 14
24 classroom hours shall be on ethics relating to professional
25 standards of practice, duties, and responsibilities of the
26 certificateholder. The board shall by rule establish criteria
27 for approval of continuing education courses and providers,
28 and may by rule establish criteria for accepting alternative
29 nonclassroom continuing education on an hour-for-hour basis.
30 (6) Each certificateholder shall provide to the board
31 proof of completion of the core curriculum courses, or passing
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 the equivalency test of the Building Code Training Program
2 established by s. 553.841, within 2 years after commencement
3 of the program. Continuing education hours spent taking such
4 core curriculum courses shall count toward the number required
5 for license renewal. A licensee who passes the equivalency
6 test in lieu of taking the core curriculum courses shall
7 receive full credit for core curriculum course hours.
8 Section 7. Present subsection (6) of section 489.115,
9 Florida Statutes, is renumbered as subsection (7) and amended,
10 present subsection (7) of that section is renumbered as
11 subsection (8), and a new subsection (6) is added to that
12 section to read:
13 489.115 Certification and registration; endorsement;
14 reciprocity; renewals; continuing education.--
15 (6) An applicant for initial issuance of a certificate
16 or registration shall submit to a criminal history records
17 check to determine moral character. If the applicant has been
18 convicted of a felony, the board may deny licensure to the
19 applicant based upon the severity of the crime, the
20 relationship of the crime to contracting, or the potential for
21 public harm. The board shall also, in denying or approving
22 licensure, consider the length of time since the commission of
23 the crime and the rehabilitation of the applicant. The board
24 may not deny licensure to an applicant based solely upon a
25 felony conviction or the applicant's failure to provide proof
26 of restoration of civil rights.
27 (7)(6) An initial applicant shall, along with the
28 application, and a certificateholder or registrant shall, upon
29 requesting a change of status, submit to the board a credit
30 report from a nationally recognized credit agency that
31 reflects the financial responsibility of the applicant or
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 certificateholder or registrant. The credit report required
2 for the initial applicant shall be considered the minimum
3 evidence necessary to satisfy the board that he or she is
4 financially responsible to be certified, has the necessary
5 credit and business reputation to engage in contracting in the
6 state, and has the minimum financial stability necessary to
7 avoid the problem of financial mismanagement or misconduct.
8 The board shall, by rule, adopt guidelines for determination
9 of financial stability, which may include minimum requirements
10 for net worth, cash, and bonding for Division I
11 certificateholders of no more than $20,000 and for Division II
12 certificateholders of no more than $10,000. Fifty percent of
13 the financial requirements may be met by completing a 14-hour
14 financial responsibility course approved by the board.
15 Section 8. This act shall take effect July 1, 2006.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1486
580-2435-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1486
3
4 The CS amends s. 468.385(8)(a), F.S., to reference s. 865.09,
F.S.
5
The CS amends s. 468.609, F.S, to provide for qualifications
6 for taking the licensing examination to be a building code
inspector or plans examiner.
7
The CS deletes s. 468.609(2)(d), which requires that an
8 applicant for certification as a building inspector or plans
examiner successfully complete the core curriculum in the
9 building code training program.
10 The CS requires that certification examinations must be
substantially similar to the examinations administered by the
11 International Code Council instead of the Southern Building
Code Congress and the Council of American Building Officials.
12
The CS amends s. 468.617(4), F.S., to permit building code
13 enforcement officials employed by small counties to provide
services to other small counties.
14
The CS amends s. 468.619, F.S., pertaining to the building
15 code enforcement official's bill of rights.
16 The CS amends s. 468.621, F.S., to provide disciplinary
provisions.
17
The CS amends s. 468.627, F.S., to require a minimum of two
18 hours of continuing education in ethics for building code
enforcement officials, and to delete the certificateholder's
19 option to provide proof of passing the equivalency test in
lieu of taking the core curriculum courses.
20
The CS amends s. 489.115, F.S., to provide for criminal
21 records background checks on applicants by the Construction
Industry Licensing Board (CILB), and to provide minimum
22 requirements for the boards rules pertaining to financial
stability.
23
24
25
26
27
28
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.