HB 0423CS

CHAMBER ACTION



1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to professional regulation by the
7Department of Business and Professional Regulation;
8amending s. 468.385, F.S.; providing for the submittal and
9processing of fingerprints for background checks of
10applicants for licensure as an auctioneer; requiring the
11applicant to bear the cost of processing fingerprints and
12conducting the background check; amending s. 468.603,
13F.S.; providing definitions; amending s. 468.609, F.S.;
14providing eligibility requirements for a person to take
15the examination for certification as a building code
16inspector or plans examiner; revising a reference to the
17organization administering certain examinations; amending
18s. 468.617, F.S.; authorizing certain limited
19certificateholders to provide services to specified
20jurisdictions; amending s. 468.619, F.S.; providing for
21the application of the building code enforcement
22officials' bill of rights to certain disciplinary
23investigations and proceedings; amending s. 468.621, F.S.;
24providing for disciplinary proceedings for violations
25involving failure to follow building code, licensing, or
26permit requirements, obstructing an investigation, and
27accepting services at a noncompetitive rate from any
28person whose work may be under the enforcement authority
29of the official, under certain circumstances; amending s.
30468.627, F.S.; providing requirements for continuing
31education in ethics; removing provisions relating to an
32option of taking an equivalency test in lieu of taking
33core curriculum classes; amending s. 489.105, F.S.;
34providing definitions; amending s. 489.115, F.S.;
35requiring applicants for initial issuance of a certificate
36or registration as a contractor to submit to criminal
37history records checks; requiring certain applicants for a
38certificate or registration to provide documentation
39regarding the status of civil rights; authorizing the
40board to deny licensure to certain applicants; specifying
41that guidelines for determining financial stability may
42include minimum requirements for net worth, cash, and
43bonding; authorizing a portion of financial requirements
44to be met by completing specified coursework; amending s.
45489.127, F.S.; providing penalties when a licensed
46contractor performs unlicensed activity, hires a
47subcontractor to perform unlicensed activity, or fails to
48obtain required permits; revising a provision that
49prohibits local jurisdictions from exercising disciplinary
50authority against certificateholders; providing an
51effective date.
52
53     WHEREAS, the state licenses and regulates the construction
54industry for the benefit of its citizens in order to protect
55their health, safety, and welfare, and
56     WHEREAS, it is critical to the health, safety, and welfare
57of the public that the laws enacted by the Legislature relating
58to construction permitting enforcement of the Florida Building
59Code and licensing of the industry be implemented and enforced,
60and
61     WHEREAS, it is critical that the public be able to place
62their trust in the public officials who are charged with
63enforcement of those laws and codes, and
64     WHEREAS, in order for enforcement officials, licensing
65investigators, local and state regulatory boards, and their
66supporting legal staff to perform licensing and disciplinary
67functions, they must have the enabling legislation and authority
68to do so, NOW, THEREFORE,
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Subsection (4) of section 468.385, Florida
73Statutes, is amended to read:
74     468.385  Licenses required; qualifications; examination.--
75     (4)(a)  Any person seeking a license as an auctioneer must
76pass a written examination approved by the board which tests his
77or her general knowledge of the laws of this state relating to
78provisions of the Uniform Commercial Code that are relevant to
79auctions, the laws of agency, and the provisions of this act.
80     (b)  Any person seeking a license as an auctioneer shall
81file a complete set of fingerprints for a criminal history
82record check. Fingerprints shall be taken in a manner approved
83by the board and shall be submitted electronically to the
84Department of Law Enforcement for state processing. The
85Department of Law Enforcement shall forward the fingerprints to
86the Federal Bureau of Investigation for national processing. The
87results of the criminal history record check shall be returned
88to the board for purposes of screening. The cost of processing
89fingerprints and conducting a criminal history record check
90shall be borne by the applicant for licensure.
91     Section 2.  Subsections (9), (10), and (11) are added to
92section 468.603, Florida Statutes, to read:
93     468.603  Definitions.--As used in this part:
94     (9)  "Willful" means the mental state in which a person
95commits an act knowing that, or showing reckless disregard for
96whether, the act is prohibited under this part or does not
97commit an act while knowing that, or showing reckless disregard
98for whether, the act is required under this part. A person knows
99that an act is prohibited or required if the person is aware of
100the provision of this part that prohibits or requires the act,
101understands the meaning of that provision, and performs the act
102that is prohibited or fails to perform the act that is required.
103"Willful" does not include specific intent to defraud.
104     (10)  "Knowing" or "knowingly" means the mental state in
105which a person, with respect to information, has actual
106knowledge of the information, acts in deliberate ignorance of
107the truth or falsity of the information, or acts in reckless
108disregard of the information. "Knowing" or "knowingly" does not
109include specific intent to defraud.
110     (11)  "Reckless disregard" means the mental state in which
111a person commits an act despite the act's being prohibited or
112required under this part and wholly disregards the law without
113making any reasonable effort to determine whether the act would
114constitute a violation of this part. "Reckless disregard" does
115not include specific intent to defraud.
116     Section 3.  Subsection (2) and paragraph (a) of subsection
117(5) of section 468.609, Florida Statutes, are amended to read:
118     468.609  Administration of this part; standards for
119certification; additional categories of certification.--
120     (2)  A person may take the examination for certification as
121a building code inspector or plans examiner pursuant to this
122part if the person:
123     (a)  Is at least 18 years of age.
124     (b)  Is of good moral character.
125     (c)  Meets eligibility requirements according to one of the
126following criteria:
127     1.  Demonstrates 5 years' combined experience in the field
128of construction or a related field, building code inspection, or
129plans review corresponding to the certification category sought;
130     2.  Demonstrates a combination of postsecondary education
131in the field of construction or a related field and experience
132which totals 4 years, with at least 1 year of such total being
133experience in construction, building code inspection, or plans
134review;
135     3.  Demonstrates a combination of technical education in
136the field of construction or a related field and experience
137which totals 4 years, with at least 1 year of such total being
138experience in construction, building code inspection, or plans
139review; or
140     4.  Currently holds a standard certificate as issued by the
141board and satisfactorily completes a building code inspector or
142plans examiner training program of not less than 200 hours in
143the certification category sought. The board shall establish by
144rule criteria for the development and implementation of the
145training programs;.
146     5.  Demonstrates a combination of technical education in
147the field of building code inspection or plans review and
148experience which totals 2 years, with at least 1 year of such
149total being experience in construction, building code
150inspection, or plans review. The technical education portion of
151this requirement shall require proof of satisfactory completion
152of a technical education program of not fewer than 400 hours in
153the chosen category of building code inspection or plans review
154in the certification category sought with not fewer than 20
155hours of the technical education program covering ethics and
156professional standards. The board shall coordinate with the
157Building Officials Association of Florida, Inc., to establish by
158rule the development and implementation of the technical
159education programs; or
160     6.  Has completed, at a minimum, an associate degree
161program in Construction Management from an accredited
162institution with a major in Building Code Administration.
163     (d)  After the Building Code Training Program is
164established under s. 553.841, demonstrates successful completion
165of the core curriculum approved by the Florida Building
166Commission, appropriate to the licensing category sought.
167     (5)(a)  To obtain a standard certificate, an individual
168must pass an examination approved by the board which
169demonstrates that the applicant has fundamental knowledge of the
170state laws and codes relating to the construction of buildings
171for which the applicant has building code administration, plans
172examination, or building code inspection responsibilities. It is
173the intent of the Legislature that the examination approved for
174certification pursuant to this part be substantially equivalent
175to the examinations administered by the International Code
176Council Southern Building Code Congress International and the
177Council of American Building Officials.
178     Section 4.  Subsection (4) is added to section 468.617,
179Florida Statutes, to read:
180     468.617  Joint building code inspection department; other
181arrangements.--
182     (4)  Nothing in this part shall prohibit any building code
183inspector, plans examiner, or building code administrator
184holding a limited certificate who is employed by a jurisdiction
185within a statutorily defined small county to provide building
186code inspection, plans review, or building code administration
187services to another jurisdiction within a statutorily defined
188small county.
189     Section 5.  Subsection (10) is added to section 468.619,
190Florida Statutes, to read:
191     468.619  Building code enforcement officials' bill of
192rights.--
193     (10)  This bill of rights applies to disciplinary
194investigations and proceedings against licenses issued under
195this part and disciplinary investigations and proceedings
196relating to the official duties of an enforcement official. This
197bill of rights does not apply to disciplinary investigations and
198proceedings against other licenses that the enforcement official
199holds or disciplinary investigations and proceedings unrelated
200to the enforcement official's official duties.
201     Section 6.  Subsection (1) of section 468.621, Florida
202Statutes, is amended to read:
203     468.621  Disciplinary proceedings.--
204     (1)  The following acts constitute grounds for which the
205disciplinary actions in subsection (2) may be taken:
206     (a)  Violating or failing to comply with any provision of
207this part, or a valid rule or lawful order of the board or
208department pursuant thereto.
209     (b)  Obtaining certification through fraud, deceit, or
210perjury.
211     (c)  Knowingly assisting any person practicing contrary to
212the provisions of:
213     1.  This part; or
214     2.  The building code adopted by the enforcement authority
215of that person.
216     (d)  Having been convicted of a felony against this state
217or the United States, or of a felony in another state that would
218have been a felony had it been committed in this state.
219     (e)  Having been convicted of a crime in any jurisdiction
220which directly relates to the practice of building code
221administration or inspection.
222     (f)  Making or filing a report or record that which the
223certificateholder knew knows to be false, or knowingly inducing
224another to file a false report or record, or knowingly failing
225to file a report or record required by state or local law, or
226knowingly impeding or obstructing such filing, or knowingly
227inducing another person to impede or obstruct such filing.
228     (g)  Failing to properly enforce applicable building codes,
229licensing, or permit requirements that the certificateholder
230knew were applicable, or by committing willful misconduct, gross
231negligence, gross misconduct, repeated negligence, or negligence
232resulting in a significant danger to life or property,
233regardless of whether the violation occurs within the employment
234jurisdiction of the enforcement official or occurs in connection
235with the employment of the enforcement official or outside the
236scope of the employment of the enforcement official.
237     (h)  Issuing a building permit to a contractor, or any
238person representing himself or herself as a contractor, without
239obtaining the contractor's certificate or registration number,
240where such a certificate or registration is required.
241     (i)  Failing to lawfully execute the duties and
242responsibilities specified in this part and ss. 553.73, 553.781,
243553.79, and 553.791.
244     (j)  Performing building code inspection services under s.
245553.791 without satisfying the insurance requirements of that
246section.
247     (k)  Obstructing an investigation or providing or inducing
248another to provide forged documents, false forensic evidence, or
249false testimony to a local or state board or member thereof or
250to a licensing investigator.
251     (l)  Accepting labor, services, or materials for free or at
252a noncompetitive rate from any person who performs work that may
253be under the enforcement authority of the enforcement official
254who is not an immediate family member of the enforcement
255official. "Immediate family member" includes a spouse, child,
256parent, sibling, grandparent, aunt, uncle, or first cousin of
257the person or the person's spouse, or any person who resides in
258the home of the enforcement official.
259     Section 7.  Subsections (5) and (6) of section 468.627,
260Florida Statutes, are amended to read:
261     468.627  Application; examination; renewal; fees.--
262     (5)  The certificateholder shall provide proof, in a form
263established by board rule, that the certificateholder has
264completed at least 14 classroom hours of at least 50 minutes
265each of continuing education courses during each biennium since
266the issuance or renewal of the certificate, including the
267specialized or advanced coursework approved by the Florida
268Building Commission, as part of the Building Code Training
269Program established pursuant to s. 553.841, appropriate to the
270licensing category sought. A minimum of 2 of the required 14
271classroom hours shall be on ethics relating to professional
272standards of practice, duties, and responsibilities of the
273certificateholder. The board shall by rule establish criteria
274for approval of continuing education courses and providers, and
275may by rule establish criteria for accepting alternative
276nonclassroom continuing education on an hour-for-hour basis.
277     (6)  Each certificateholder shall provide to the board
278proof of completion of the core curriculum courses, or passing
279the equivalency test of the Building Code Training Program
280established by s. 553.841, within 2 years after commencement of
281the program. Continuing education hours spent taking such core
282curriculum courses shall count toward the number required for
283license renewal. A licensee who passes the equivalency test in
284lieu of taking the core curriculum courses shall receive full
285credit for core curriculum course hours.
286     Section 8.  Subsections (20), (21), and (22) are added to
287section 489.105, Florida Statutes, to read:
288     489.105  Definitions.--As used in this part:
289     (20)  "Willful" means the mental state in which a person
290commits an act knowing that, or showing reckless disregard for
291whether, the act is prohibited under this part or does not
292commit an act while knowing that, or showing reckless disregard
293for whether, the act is required under this part. A person knows
294that an act is prohibited or required if the person is aware of
295the provision of this part that prohibits or requires the act,
296understands the meaning of that provision, and performs the act
297that is prohibited or fails to perform the act that is required.
298"Willful" does not include specific intent to defraud.
299     (21)  "Knowing" or "knowingly" means the mental state in
300which a person, with respect to information, has actual
301knowledge of the information, acts in deliberate ignorance of
302the truth or falsity of the information, or acts in reckless
303disregard of the information. "Knowing" or "knowingly" does not
304include specific intent to defraud.
305     (22)  "Reckless disregard" means the mental state in which
306a person commits an act despite the act's being prohibited or
307required under this part and wholly disregards the law without
308making any reasonable effort to determine whether the act would
309constitute a violation of this part. "Reckless disregard" does
310not include specific intent to defraud.
311     Section 9.  Subsection (6) of section 489.115, Florida
312Statutes, is amended and renumbered as subsection (7), present
313subsection (7) is renumbered as subsection (8), and a new
314subsection (6) is added to that section, to read:
315     489.115  Certification and registration; endorsement;
316reciprocity; renewals; continuing education.--
317     (6)  An applicant for initial issuance of a certificate or
318registration shall submit to a criminal history records check to
319determine moral character. If the applicant has been convicted
320of a felony, he or she shall provide documentation regarding the
321status of his or her civil rights. The board may deny licensure
322to an applicant who does not present proof of restoration of
323civil rights after conviction of a felony.
324     (7)(6)  An initial applicant shall, along with the
325application, and a certificateholder or registrant shall, upon
326requesting a change of status, submit to the board a credit
327report from a nationally recognized credit agency that reflects
328the financial responsibility of the applicant or
329certificateholder or registrant. The credit report required for
330the initial applicant shall be considered the minimum evidence
331necessary to satisfy the board that he or she is financially
332responsible to be certified, has the necessary credit and
333business reputation to engage in contracting in the state, and
334has the minimum financial stability necessary to avoid the
335problem of financial mismanagement or misconduct. The board
336shall, by rule, adopt guidelines for determination of financial
337stability, which may include minimum requirements for net worth,
338cash, and bonding for Division I certificateholders of no more
339than $20,000 and for Division II certificateholders of no more
340than $10,000. Fifty percent of the financial requirements may be
341met by completing a 14-hour financial responsibility course
342approved by the board.
343     Section 10.  Present paragraph (d) of subsection (4) of
344section 489.127, Florida Statutes, is redesignated as paragraph
345(e), a new paragraph (d) is added to that subsection, and
346paragraph (o) of subsection (5) of that section is amended, to
347read:
348     489.127  Prohibitions; penalties.--
349     (4)
350     (d)  A certified or registered contractor or a contractor
351authorized by a local construction licensing board may not
352perform work for which he or she is not properly licensed,
353subcontract to unlicensed persons to perform work that requires
354a license, or fail to obtain required permits.
355     (5)  Each county or municipality may, at its option,
356designate one or more of its code enforcement officers, as
357defined in chapter 162, to enforce, as set out in this
358subsection, the provisions of subsection (1) and s. 489.132(1)
359against persons who engage in activity for which a county or
360municipal certificate of competency or license or state
361certification or registration is required.
362     (o)  Nothing in This subsection does not shall be construed
363to authorize local jurisdictions to exercise disciplinary
364authority, other than to issue civil citations, which are not
365considered discipline, or procedures established in this
366subsection against an individual holding a proper valid
367certificate issued under pursuant to this part.
368     Section 11.  This act shall take effect July 1, 2006.


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