Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2068
                        Barcode 943754
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Regulated Industries (Haridopolos)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective July 1, 2008, section 489.1138,
19  Florida Statutes, is created to read:
20         489.1138  Certification of tower cranes and tower crane
21  operators.--
22         (1)  DEFINITIONS.--As used in this section:
23         (a)  "Tower crane" means a nonmobile, power-operated
24  hoisting machine used in construction, maintenance,
25  demolition, or excavation work that has a power-operated
26  winch, load-line, and boom moving laterally. A tower crane is
27  a temporary structure and is not subject to building codes or
28  other provisions of law, rule, or ordinance applicable to
29  permanent structures.
30         (b)  "Tower crane operator" means a person engaged in
31  operating a tower crane.
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    10:54 AM   04/20/07                            s2068d-ri26-k0a

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 943754 1 (2) CERTIFICATION OF TOWER CRANES.--A tower crane may 2 be operated in this state only if it meets the applicable 3 standards of the American National Standards 4 Institute/American Society of Mechanical Engineers (ANSI/ASME) 5 or the applicable standards of the Power Crane and Shovel 6 Association (PCSA). A tower crane meets such standards only if 7 it has been certified by an organization determined by the 8 department to offer a certification program that meets the 9 currently applicable ANSI/ASME standards or the accreditation 10 requirements of the National Commission for Certifying 11 Agencies. This subsection applies to tower cranes installed or 12 erected on or after July 1, 2008. 13 (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person 14 may operate a tower crane on a construction project only if he 15 or she is certified as a crane operator by the National 16 Commission for the Certification of Crane Operators or any 17 other organization determined by the department to offer an 18 equivalent testing and certification program that meets the 19 requirements of the ANSI/ASME current applicable standard or 20 the accreditation requirements of the National Commission for 21 Certifying Agencies. 22 (4) DUTIES OF CONTRACTORS.--A contractor registered or 23 certified under this part shall only employ or contract for 24 the services of tower crane operators who have met the 25 certification requirements of subsection (3). 26 (5) PENALTIES.--Any person licensed under this part 27 who intentionally violates subsection (2) or subsection (3) is 28 subject to discipline pursuant to ss. 455.227 and 489.129. 29 (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER 30 SUPERVISION.--Notwithstanding the certification requirements 31 of this section, a person undergoing training for the purpose 2 10:54 AM 04/20/07 s2068d-ri26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 943754 1 of qualifying for tower crane operator certification pursuant 2 to this section may operate a tower crane if the trainee is 3 under the direct supervision of a tower crane operator who 4 holds a current and valid certification to operate the tower 5 crane operated by the trainee. 6 (7) RULES.--The department may adopt rules pursuant to 7 ss. 120.536(1) and 120.54 necessary to implement this section. 8 Section 2. Section 489.1139, Florida Statutes, is 9 created to read: 10 489.1139 Preemption.--The regulation of tower cranes 11 and tower crane operators is expressly preempted to the state, 12 and a county, municipality, or other political subdivision may 13 not enact or enforce any ordinance relating to matters within 14 the scope of this section or s. 489.1138. 15 Section 3. Except as otherwise expressly provided in 16 this act, this act shall take effect upon becoming a law. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 Delete everything before the enacting clause 22 23 and insert: 24 A bill to be entitled 25 An act relating to the certification of tower 26 cranes and tower crane operators; creating s. 27 489.1138, F.S.; providing definitions; 28 requiring a tower crane to be certified in 29 order to be operated; requiring a person to be 30 certified in order to operate a tower crane on 31 construction projects; providing for 3 10:54 AM 04/20/07 s2068d-ri26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2068 Barcode 943754 1 certification organizations and standards; 2 prohibiting certain contractors from employing 3 or contracting for the services of tower crane 4 operators without certification; providing 5 penalties; authorizing persons in training for 6 certification to operate tower cranes under 7 direct supervision of a certified tower crane 8 operator; providing rulemaking authority for 9 the Department of Business and Professional 10 Regulation; creating s. 489.1139, F.S.; 11 preempting the regulation of tower cranes and 12 tower crane operators to the state; providing 13 effective dates. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 10:54 AM 04/20/07 s2068d-ri26-k0a