HB 423

1	A bill to be entitled
2	An act relating to building code enforcement officials;
3	amending s. 468.619, F.S.; providing that the building
4	code enforcement officials' bill of rights does not apply
5	when the official is the subject of disciplinary
6	proceedings for actions occurring outside the scope of
7	employment; amending s. 468.621, F.S.; providing that
8	assisting any person in violating the building code is
9	grounds for discipline; providing that filing a record
10	that an official knew or should have known was false is
11	grounds for discipline; providing for disciplinary
12	proceedings for violations involving failure to follow
13	building codes or permits, obstructing an investigation,
14	and accepting services at a reduced rate from any person
15	whose work may be under the enforcement authority of the
16	official; increasing the maximum administrative fine that
17	may be imposed per violation; providing that a violation
18	of a local or state permitting or licensing requirement is
19	prima facie evidence that the official acted with reckless
20	disregard or deliberate ignorance; amending s. 489.113,
21	F.S.; providing that violations of building codes by
22	contractors need not be willful; amending s. 489.115,
23	F.S.; specifying that guidelines for determining financial
24	stability may include minimum requirements for net worth,
25	cash, and bonding; amending s. 489.127, F.S.; providing
26	penalties when a licensed contractor performs unlicensed
27	activity, hires a subcontractor to perform unlicensed
28	activity, or fails to obtain required permits; providing
29	that local jurisdictions may issue civil citations;
30	providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (10) is added to section 468.619,
35	Florida Statutes, to read:
36	468.619  Building code enforcement officials' bill of
37	rights.--
38	(10)  This bill of rights does not apply when an
39	enforcement official is under investigation or the subject of
40	disciplinary proceedings for actions that occur outside the
41	scope of the employment of the enforcement official.
42	Section 2.  Subsections (1) and (2) of section 468.621,
43	Florida Statutes, are amended, and subsection (5) is added to
44	that section, to read:
45	468.621  Disciplinary proceedings.--
46	(1)  The following acts constitute grounds for which the
47	disciplinary actions in subsection (2) may be taken:
48	(a)  Violating or failing to comply with any provision of
49	this part, or a valid rule or lawful order of the board or
50	department pursuant thereto.
51	(b)  Obtaining certification through fraud, deceit, or
52	perjury.
53	(c)  Knowingly Assisting any person practicing contrary to
54	the provisions of:
55	1.  This part; or
56	2.  The building code adopted by the enforcement authority
57	of that person.
58	(d)  Having been convicted of a felony against this state
59	or the United States, or of a felony in another state that would
60	have been a felony had it been committed in this state.
61	(e)  Having been convicted of a crime in any jurisdiction
62	which directly relates to the practice of building code
63	administration or inspection.
64	(f)  Making or filing a report or record that which the
65	certificateholder knew or should have known knows to be false,
66	or knowingly inducing another to file a false report or record,
67	or knowingly failing to file a report or record required by
68	state or local law, or knowingly impeding or obstructing such
69	filing, or knowingly inducing another person to impede or
70	obstruct such filing.
71	(g)  Failing to follow or to properly enforce applicable
72	building codes or permit requirements that the certificateholder
73	knew or should have known were applicable, or by committing
74	willful misconduct, gross negligence, gross misconduct, repeated
75	negligence, or negligence resulting in a significant danger to
76	life or property.
77	(h)  Issuing a building permit to a contractor, or any
78	person representing himself or herself as a contractor, without
79	obtaining the contractor's certificate or registration number,
80	where such a certificate or registration is required.
81	(i)  Failing to lawfully execute the duties and
82	responsibilities specified in this part and ss. 553.73, 553.781,
83	553.79, and 553.791.
84	(j)  Performing building code inspection services under s.
85	553.791 without satisfying the insurance requirements of that
86	section.
87	(k)  Obstructing an investigation or providing or inducing
88	another to provide forged documents, false forensic evidence, or
89	false testimony to a local or state board or member thereof or
90	to a licensing investigator.
91	(l)  Accepting labor, services, or materials for free or at
92	a reduced rate from any person who performs work that may be
93	under the enforcement authority of the enforcement official.
94	(2)  When the board finds any person guilty of any of the
95	grounds set forth in subsection (1), it may enter an order
96	imposing one or more of the following penalties:
97	(a)  Denial of an application for certification.
98	(b)  Permanent revocation.
99	(c)  Suspension of a certificate.
100	(d)  Imposition of an administrative fine not to exceed
101	$10,000 $5,000 for each separate offense. Such fine must be
102	rationally related to the gravity of the violation.
103	(e)  Issuance of a reprimand.
104	(f)  Placement of the certificateholder on probation for a
105	period of time and subject to the such conditions as the board
106	may impose, including alteration of performance level.
107	(g)  Satisfactory completion of continuing education.
108	(h)  Issuance of a citation.
109	(5)  It is prima facie evidence that an enforcement
110	official violated this section and acted with reckless disregard
111	or deliberate ignorance if the enforcement official violates a
112	local or state permitting or licensing requirement that the
113	enforcement official is charged with enforcing as a part of his
114	or her official duties, regardless of whether the violation
115	occurs within employment jurisdiction of the enforcement
116	official or occurs in connection with the employment of the
117	enforcement official or outside the scope of the employment of
118	the enforcement official.
119	Section 3.  Paragraph (b) of subsection (4) of section
120	489.113, Florida Statutes, is amended to read:
121	489.113  Qualifications for practice; restrictions.--
122	(4)
123	(b)  Notwithstanding the provisions of paragraph (a), a
124	local construction regulation board may deny, suspend, or revoke
125	the authority of a certified contractor to obtain a building
126	permit or limit the such authority to obtaining a permit or
127	permits with specific conditions, if the local construction
128	regulation board has found the such contractor, through the
129	public hearing process, to be guilty of fraud or a willful
130	building code violation within the county or municipality that
131	the local construction regulation board represents or if the
132	local construction regulation board has proof that the such
133	contractor, through the public hearing process, has been found
134	guilty in another county or municipality within the past 12
135	months, of fraud or a willful building code violation and finds,
136	after providing notice of an opportunity to be heard to the
137	contractor, that the such fraud or violation would have been
138	fraud or a violation if committed in the county or municipality
139	that the local construction board represents. Notification of
140	and information concerning the such permit denial shall be
141	submitted to the department within 15 days after the local
142	construction regulation board decides to deny the permit.
143	Section 4.  Subsection (6) of section 489.115, Florida
144	Statutes, is amended to read:
145	489.115  Certification and registration; endorsement;
146	reciprocity; renewals; continuing education.--
147	(6)  An initial applicant shall, along with the
148	application, and a certificateholder or registrant shall, upon
149	requesting a change of status, submit to the board a credit
150	report from a nationally recognized credit agency that reflects
151	the financial responsibility of the applicant or
152	certificateholder or registrant. The credit report required for
153	the initial applicant shall be considered the minimum evidence
154	necessary to satisfy the board that he or she is financially
155	responsible to be certified, has the necessary credit and
156	business reputation to engage in contracting in the state, and
157	has the minimum financial stability necessary to avoid the
158	problem of financial mismanagement or misconduct. The board
159	shall, by rule, adopt guidelines for determination of financial
160	stability, which may include minimum requirements for net worth,
161	cash, and bonding.
162	Section 5.   Present paragraph (d) of subsection (4) of
163	section 489.127, Florida Statutes, is redesignated as paragraph
164	(e), a new paragraph (d) is added to that subsection, and
165	paragraph (o) of subsection (5) of that section is amended, to
166	read:
167	489.127  Prohibitions; penalties.--
168	(4)
169	(d)  A certified or registered contractor or a contractor
170	authorized by a local construction licensing board may not
171	perform work for which he or she is not properly licensed,
172	subcontract to unlicensed persons to perform work that requires
173	a license, or fail to obtain required permits.
174	(5)  Each county or municipality may, at its option,
175	designate one or more of its code enforcement officers, as
176	defined in chapter 162, to enforce, as set out in this
177	subsection, the provisions of subsection (1) and s. 489.132(1)
178	against persons who engage in activity for which a county or
179	municipal certificate of competency or license or state
180	certification or registration is required.
181	(o)  Nothing in This subsection does not shall be construed
182	to authorize local jurisdictions to exercise disciplinary
183	authority, other than to issue civil citations, which are not
184	considered discipline, or procedures established in this
185	subsection against an individual holding a proper valid
186	certificate issued under pursuant to this part.
187	Section 6.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.