| 1 | A bill to be entitled |
| 2 | An act relating to electrical contracting; amending s. |
| 3 | 489.537, F.S.; revising the authority of |
| 4 | municipalities and counties to require that certain |
| 5 | licensed electricians be present on certain industrial |
| 6 | or commercial construction sites; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (3) of section 489.537, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 489.537 Application of this part.- |
| 14 | (3) Nothing in This part does not limit act limits the |
| 15 | power of a municipality or county: |
| 16 | (a) To regulate the quality and character of work |
| 17 | performed by contractors through a system of permits, fees, and |
| 18 | inspections which is designed to secure compliance with, and aid |
| 19 | in the implementation of, state and local building laws or to |
| 20 | enforce other local laws for the protection of the public health |
| 21 | and safety. However, a certified alarm system contractor or |
| 22 | certified electrical contractor is not subject to any additional |
| 23 | certification or licensure requirements that are not required by |
| 24 | this part. |
| 25 | (b) To collect fees for business tax receipts and |
| 26 | inspections for engaging in contracting or examination fees from |
| 27 | persons who are registered with the local boards pursuant to |
| 28 | local examination requirements. |
| 29 | (c) To adopt any system of permits requiring submission to |
| 30 | and approval by the municipality or county of plans and |
| 31 | specifications for work to be performed by contractors before |
| 32 | commencement of the work. |
| 33 | (d) To require one bond for each electrical contractor in |
| 34 | an amount not to exceed $5,000, which bond shall be conditioned |
| 35 | only upon compliance with the Florida Building Code adopted |
| 36 | pursuant to s. 553.73. Any such bond must be equally available |
| 37 | to all electrical contractors without regard to the period of |
| 38 | time an electrical contractor has been certified or registered |
| 39 | and without regard to any financial responsibility requirements. |
| 40 | Any such bonds shall be payable to the Governor and filed in |
| 41 | each county or municipality in which a building permit is |
| 42 | requested. Bond reciprocity shall be granted statewide. All such |
| 43 | bonds shall be included in meeting any financial responsibility |
| 44 | requirements imposed by any statute or rule. |
| 45 | (e)1. To refuse to issue permits or issue permits with |
| 46 | specific conditions to a contractor who has committed multiple |
| 47 | violations, when he or she has been disciplined for each of them |
| 48 | by the board and when each disciplinary action has involved |
| 49 | revocation or suspension of a license, imposition of an |
| 50 | administrative fine of at least $1,000, or probation. |
| 51 | 2. To issue permits with specific conditions to a |
| 52 | contractor who, within the previous 12 months, has had final |
| 53 | action taken against him or her, by the department or by a local |
| 54 | board or agency which licenses contractors and has reported the |
| 55 | action pursuant to paragraph (5)(c), for engaging in the |
| 56 | business or acting in the capacity of a contractor without a |
| 57 | license. |
| 58 | (f) To require that one licensed electrician electrical |
| 59 | journeyman, who possesses a certificate of competency issued by |
| 60 | the municipality or county conditioned upon the electrician's |
| 61 | passage of a competency examination is a graduate of the |
| 62 | Institute of Applied Technology in Construction Excellence or |
| 63 | licensed pursuant to s. 489.5335, be present on an industrial or |
| 64 | commercial new construction site with a facility of 5,000 50,000 |
| 65 | gross square feet or more when electrical work in excess of 98 |
| 66 | 77 volts is being performed in order to supervise or perform |
| 67 | such work, except as provided in s. 489.503. Local governments |
| 68 | may require compliance with this paragraph as part of any |
| 69 | construction bid or contract to ensure public safety, control |
| 70 | projects cost, and limit additional regulation. |
| 71 | Section 2. This act shall take effect July 1, 2012. |