Bob Worthy said:
If you are going to try and defend your comments by quoting the Statute, why
don't you include the whole thing to follow so it is clear Robert?
OK, if you insist....
The 2007 Florida Statutes
CHAPTER 489
CONTRACTING
PART I
CONSTRUCTION CONTRACTING (ss. 489.101-489.146)
PART II
ELECTRICAL AND ALARM SYSTEM CONTRACTING (ss. 489.501-489.538)
PART III
SEPTIC TANK CONTRACTING (ss. 489.551-489.558)
PART I
CONSTRUCTION CONTRACTING
489.101 Purpose.
489.103 Exemptions.
489.105 Definitions.
489.107 Construction Industry Licensing Board.
489.108 Rulemaking authority.
489.109 Fees.
489.111 Licensure by examination.
489.113 Qualifications for practice; restrictions.
489.1136 Medical gas certification.
489.114 Evidence of workers' compensation coverage.
489.115 Certification and registration; endorsement; reciprocity; renewals;
continuing education.
489.116 Inactive and delinquent status; renewal and cancellation notices.
489.117 Registration; specialty contractors.
489.118 Certification of registered contractors; grandfathering provisions.
489.119 Business organizations; qualifying agents.
489.1195 Responsibilities.
489.121 Emergency registration upon death of contractor.
489.124 Business records requirements; address of record; service.
489.125 Prequalification of certificateholders.
489.126 Moneys received by contractors.
489.127 Prohibitions; penalties.
489.128 Contracts entered into by unlicensed contractors unenforceable.
489.129 Disciplinary proceedings.
489.13 Unlicensed contracting; notice of noncompliance; fine; authority to
issue or receive a building permit; web page.
489.131 Applicability.
489.132 Prohibited acts by unlicensed principals; investigation; hearing;
penalties.
489.133 Pollutant storage systems specialty contractors; definitions;
certification; restrictions.
489.134 Authority of licensed job scope.
489.140 Florida Homeowners' Construction Recovery Fund.
489.1401 Legislative intent.
489.1402 Homeowners' Construction Recovery Fund; definitions.
489.141 Conditions for recovery; eligibility.
489.142 Board powers relating to recovery; conduct of hearings and service.
489.1425 Duty of contractor to notify residential property owner of recovery
fund.
489.143 Payment from the fund.
489.144 Investment of the fund.
489.145 Guaranteed energy performance savings contracting.
489.1455 Journeyman; reciprocity; standards.
489.146 Privatization of services.
489.101 Purpose.--The Legislature deems it necessary in the interest of the
public health, safety, and welfare to regulate the construction industry.
History.--ss. 1, 17, ch. 79-200; ss. 2, 3, ch. 81-318; ss. 1, 20, 21, ch.
88-156; s. 4, ch. 91-429; s. 20, ch. 2000-332.
489.103 Exemptions.--This part does not apply to:
(1) Contractors in work on bridges, roads, streets, highways, or railroads,
and services incidental thereto. The board, in agreement with the Department
of Transportation, shall, by rule, define "services incidental thereto" for
the purposes of this subsection only.
(2) Any employee of a certificateholder or registrant who is acting within
the scope of the license held by that certificateholder or registrant and with
the knowledge and permission of the licenseholder. However:
(a) If the employer is not a certificateholder or registrant in that type of
contracting, and the employee performs any of the following, the employee is
not exempt:
1. Holds himself or herself or his or her employer out to be licensed or
qualified by a licensee;
2. Leads the consumer to believe that the employee has an ownership or
management interest in the company; or
3. Performs any of the acts which constitute contracting.
(b) The legislative intent of this subsection is to place equal
responsibility on the unlicensed business and its employees for the protection
of the consumers in contracting transactions.
For the purpose of this part, "employee" is defined as a person who receives
compensation from and is under the supervision and control of an employer who
regularly deducts the F.I.C.A. and withholding tax and provides workers'
compensation, all as prescribed by law.
(3) An authorized employee of the United States, this state, or any
municipality, county, irrigation district, reclamation district, or any other
municipal or political subdivision, except school boards, state university
boards of trustees, and community college boards of trustees, unless for the
purpose of performing routine maintenance or repair or construction not
exceeding $200,000 to existing installations, if the employee does not hold
himself or herself out for hire or otherwise engage in contracting except in
accordance with his or her employment. If the construction, remodeling, or
improvement exceeds $200,000, school boards, state university boards of
trustees, and community college boards of trustees shall not divide the
project into separate components for the purpose of evading this section.
(4) An officer appointed by a court when he or she is acting within the scope
of his or her office as defined by law or court order. When construction
projects which were not underway at the time of appointment of the officer are
undertaken, the officer shall employ or contract with a licensee.
(5) Public utilities, including special gas districts as defined in chapter
189, telecommunications companies as defined in s. 364.02(14), and natural gas
transmission companies as defined in s. 368.103(4), on construction,
maintenance, and development work performed by their employees, which work,
including, but not limited to, work on bridges, roads, streets, highways, or
railroads, is incidental to their business. The board shall define, by rule,
the term "incidental to their business" for purposes of this subsection.
(6) The sale or installation of any finished products, materials, or articles
of merchandise that are not fabricated into and do not become a permanent
fixed part of the structure, such as awnings. However, this subsection does
not exempt in-ground spas and swimming pools that involve excavation,
plumbing, chemicals, or wiring of any appliance without a factory-installed
electrical cord and plug. This subsection does not limit the exemptions
provided in subsection (7).
(7) Owners of property when acting as their own contractor and providing
direct, onsite supervision themselves of all work not performed by licensed
contractors:
(a) When building or improving farm outbuildings or one-family or two-family
residences on such property for the occupancy or use of such owners and not
offered for sale or lease, or building or improving commercial buildings, at a
cost not to exceed $75,000, on such property for the occupancy or use of such
owners and not offered for sale or lease. In an action brought under this
part, proof of the sale or lease, or offering for sale or lease, of any such
structure by the owner-builder within 1 year after completion of same creates
a presumption that the construction was undertaken for purposes of sale or
lease.
(b) When repairing or replacing wood shakes or asphalt or fiberglass shingles
on one-family, two-family, or three-family residences for the occupancy or use
of such owner or tenant of the owner and not offered for sale within 1 year
after completion of the work and when the property has been damaged by natural
causes from an event recognized as an emergency situation designated by
executive order issued by the Governor declaring the existence of a state of
emergency as a result and consequence of a serious threat posed to the public
health, safety, and property in this state.
This subsection does not exempt any person who is employed by or has a
contract with such owner and who acts in the capacity of a contractor. The
owner may not delegate the owner's responsibility to directly supervise all
work to any other person unless that person is registered or certified under
this part and the work being performed is within the scope of that person's
license. For the purposes of this subsection, the term "owners of property"
includes the owner of a mobile home situated on a leased lot. To qualify for
exemption under this subsection, an owner must personally appear and sign the
building permit application and must satisfy local permitting agency
requirements, if any, proving that the owner has a complete understanding of
the owner's obligations under the law as specified in the disclosure statement
in this section. If any person violates the requirements of this subsection,
the local permitting agency shall withhold final approval, revoke the permit,
or pursue any action or remedy for unlicensed activity against the owner and
any person performing work that requires licensure under the permit issued.
The local permitting agency shall provide the person with a disclosure
statement in substantially the following form:
Disclosure Statement
State law requires construction to be done by licensed contractors. You have
applied for a permit under an exemption to that law. The exemption allows you,
as the owner of your property, to act as your own contractor with certain
restrictions even though you do not have a license. You must provide direct,
onsite supervision of the construction yourself. You may build or improve a
one-family or two-family residence or a farm outbuilding. You may also build
or improve a commercial building, provided your costs do not exceed $75,000.
The building or residence must be for your own use or occupancy. It may not be
built or substantially improved for sale or lease. If you sell or lease a
building you have built or substantially improved yourself within 1 year after
the construction is complete, the law will presume that you built or
substantially improved it for sale or lease, which is a violation of this
exemption. You may not hire an unlicensed person to act as your contractor or
to supervise people working on your building. It is your responsibility to
make sure that people employed by you have licenses required by state law and
by county or municipal licensing ordinances. You may not delegate the
responsibility for supervising work to a licensed contractor who is not
licensed to perform the work being done. Any person working on your building
who is not licensed must work under your direct supervision and must be
employed by you, which means that you must deduct F.I.C.A. and withholding tax
and provide workers' compensation for that employee, all as prescribed by law.
Your construction must comply with all applicable laws, ordinances, building
codes, and zoning regulations.
(8) Any construction, alteration, improvement, or repair carried on within
the limits of any site the title to which is in the United States or with
respect to which federal law supersedes this part.
(9) Any work or operation of a casual, minor, or inconsequential nature in
which the aggregate contract price for labor, materials, and all other items
is less than $1,000, but this exemption does not apply:
(a) If the construction, repair, remodeling, or improvement is a part of a
larger or major operation, whether undertaken by the same or a different
contractor, or in which a division of the operation is made in contracts of
amounts less than $1,000 for the purpose of evading this part or otherwise.
(b) To a person who advertises that he or she is a contractor or otherwise
represents that he or she is qualified to engage in contracting.
(10)(a) Any construction or operation incidental to the construction or
repair of irrigation and drainage ditches;
(b) Regularly constituted irrigation districts or reclamation districts; or
(c) Clearing or other work on the land in rural districts for fire prevention
purposes or otherwise except when performed by a licensee.
(11) A registered architect or engineer acting within the scope of his or her
practice or any person exempted by the law regulating architects and
engineers, including persons doing design work as specified in s.
481.229(1)(b); provided, however, that an architect or engineer shall not act
as a contractor unless properly licensed under this chapter.
(12) Any person who only furnishes materials or supplies without fabricating
them into, or consuming them in the performance of, the work of the
contractor.
(13) Any person who is licensed pursuant to chapter 527 when such person is
performing the work authorized by such license.
(14) Any person who sells, services, or installs heating or air-conditioning
units which have a capacity no greater than 3 tons or 36,000 Btu, which have
no ducts, and which have a factory-installed electrical cord and plug.
(15) The installation and maintenance of water conditioning units for
domestic, commercial, or industrial purposes by operators of water
conditioning services. No municipality or county may adopt an ordinance, rule,
or regulation which requires such an operator to become licensed, certified,
or registered as a plumber or which otherwise prevents the installation and
maintenance of such water conditioning units by an operator.
(16) An architect or landscape architect licensed pursuant to chapter 481 or
an engineer licensed pursuant to chapter 471 who offers or renders
design-build services which may require the services of a contractor certified
or registered pursuant to the provisions of this chapter, as long as the
contractor services to be performed under the terms of the design-build
contract are offered and rendered by a certified or registered general
contractor in accordance with this chapter.
(17) Contracting for repair, maintenance, remodeling, or improvement by any
person licensed under part I of chapter 475 while acting as the owner's agent
pursuant to that license, where all work requiring a contractor is performed
by a contractor who has a current, valid certificate or registration issued
under this part to perform such work, and where the aggregate contract for
labor, materials, and all other items is less than $5,000; however, this
exemption does not apply:
(a) If the maintenance, repair, remodeling, or improvement is a part of a
larger or major operation, whether undertaken by the same or a different
contractor, or in which a division of the operation is made in contracts of
amounts less than $5,000 for the purpose of evading this part or otherwise.
(b) To a person who advertises that he or she is qualified to engage in
contracting.
(18) Any one-family, two-family, or three-family residence constructed by
Habitat for Humanity International, Inc., or its local affiliates. Habitat for
Humanity International, Inc., or its local affiliates, must:
(a) Obtain all necessary building permits.
(b) Obtain all required building code inspections.
(c) Provide for supervision of all work by an individual with construction
experience.
(19) A disaster recovery mitigation organization or a not-for-profit
organization repairing or replacing a one-family, two-family, or three-family
residence that has been impacted by a disaster when such organization:
(a) Is using volunteer labor to assist the owner of such residence in
mitigating unsafe living conditions at the residence;
(b) Is not holding itself out to be a contractor;
(c) Obtains all required building permits;
(d) Obtains all required building code inspections; and
(e) Provides for the supervision of all work by an individual with
construction experience.
(20) The sale, delivery, assembly, or tie-down of prefabricated portable
sheds that are not more than 250 square feet in interior size and are not
intended for use as a residence or as living quarters. This exemption may not
be construed to interfere with the Florida Building Code or any applicable
local technical amendment to the Florida Building Code, local licensure
requirements, or other local ordinance provisions.
(21) The sale, delivery, assembly, or tie-down of lawn storage buildings and
storage buildings not exceeding 400 square feet and bearing the insignia of
approval from the Department of Community Affairs showing compliance with the
Florida Building Code.
(22) A person licensed pursuant to s. 633.061(1)(d) or (2)(b) performing work
authorized by such license.
History.--ss. 11, 17, ch. 79-200; ss. 2, 3, ch. 81-318; s. 1, ch. 84-160; s.
1, ch. 87-235; ss. 2, 20, 21, ch. 88-156; s. 3, ch. 89-115; s. 69, ch. 89-162;
s. 1, ch. 89-343; s. 29, ch. 89-374; s. 38, ch. 90-228; ss. 34, 68, ch.
91-137; s. 4, ch. 91-429; s. 7, ch. 92-55; s. 1, ch. 93-154; s. 1, ch. 93-166;
s. 255, ch. 94-119; s. 4, ch. 96-298; s. 73, ch. 96-388; s. 1125, ch. 97-103;
s. 39, ch. 98-250; s. 19, ch. 98-287; s. 22, ch. 98-419; s. 39, ch. 2000-141;
s. 34, ch. 2000-154; s. 30, ch. 2000-372; s. 34, ch. 2001-186; s. 3, ch.
2001-372; s. 26, ch. 2003-32; s. 5, ch. 2005-30; s. 26, ch. 2005-132; s. 43,
ch. 2005-147; s. 1, ch. 2006-283; s. 56, ch. 2007-217.
489.105 Definitions.--As used in this part:
(1) "Board" means the Construction Industry Licensing Board.
(2) "Department" means the Department of Business and Professional
Regulation.
(3) "Contractor" means the person who is qualified for, and shall only be
responsible for, the project contracted for and means, except as exempted in
this part, the person who, for compensation, undertakes to, submits a bid to,
or does himself or herself or by others construct, repair, alter, remodel, add
to, demolish, subtract from, or improve any building or structure, including
related improvements to real estate, for others or for resale to others; and
whose job scope is substantially similar to the job scope described in one of
the subsequent paragraphs of this subsection. For the purposes of regulation
under this part, "demolish" applies only to demolition of steel tanks over 50
feet in height; towers over 50 feet in height; other structures over 50 feet
in height, other than buildings or residences over three stories tall; and
buildings or residences over three stories tall. Contractors are subdivided
into two divisions, Division I, consisting of those contractors defined in
paragraphs (a)-(c), and Division II, consisting of those contractors defined
in paragraphs (d)-(q):
(a) "General contractor" means a contractor whose services are unlimited as
to the type of work which he or she may do, who may contract for any activity
requiring licensure under this part, and who may perform any work requiring
licensure under this part, except as otherwise expressly provided in s.
489.113.
(b) "Building contractor" means a contractor whose services are limited to
construction of commercial buildings and single-dwelling or multiple-dwelling
residential buildings, which commercial or residential buildings do not exceed
three stories in height, and accessory use structures in connection therewith
or a contractor whose services are limited to remodeling, repair, or
improvement of any size building if the services do not affect the structural
members of the building.
(c) "Residential contractor" means a contractor whose services are limited to
construction, remodeling, repair, or improvement of one-family, two-family, or
three-family residences not exceeding two habitable stories above no more than
one uninhabitable story and accessory use structures in connection therewith.
(d) "Sheet metal contractor" means a contractor whose services are unlimited
in the sheet metal trade and who has the experience, knowledge, and skill
necessary for the manufacture, fabrication, assembling, handling, erection,
installation, dismantling, conditioning, adjustment, insulation, alteration,
repair, servicing, or design, when not prohibited by law, of ferrous or
nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge
and of other materials, including, but not limited to, fiberglass, used in
lieu thereof and of air-handling systems, including the setting of
air-handling equipment and reinforcement of same, the balancing of
air-handling systems, and any duct cleaning and equipment sanitizing which
requires at least a partial disassembling of the system.
(e) "Roofing contractor" means a contractor whose services are unlimited in
the roofing trade and who has the experience, knowledge, and skill to install,
maintain, repair, alter, extend, or design, when not prohibited by law, and
use materials and items used in the installation, maintenance, extension, and
alteration of all kinds of roofing, waterproofing, and coating, except when
coating is not represented to protect, repair, waterproof, stop leaks, or
extend the life of the roof.
(f) "Class A air-conditioning contractor" means a contractor whose services
are unlimited in the execution of contracts requiring the experience,
knowledge, and skill to install, maintain, repair, fabricate, alter, extend,
or design, when not prohibited by law, central air-conditioning,
refrigeration, heating, and ventilating systems, including duct work in
connection with a complete system only to the extent such duct work is
performed by the contractor as is necessary to make complete an
air-distribution system, boiler and unfired pressure vessel systems, and all
appurtenances, apparatus, or equipment used in connection therewith, and any
duct cleaning and equipment sanitizing which requires at least a partial
disassembling of the system; to install, maintain, repair, fabricate, alter,
extend, or design, when not prohibited by law, piping, insulation of pipes,
vessels and ducts, pressure and process piping, and pneumatic control piping;
to replace, disconnect, or reconnect power wiring on the load side of the
dedicated existing electrical disconnect switch; to install, disconnect, and
reconnect low voltage heating, ventilating, and air-conditioning control
wiring; and to install a condensate drain from an air-conditioning unit to an
existing safe waste or other approved disposal other than a direct connection
to a sanitary system. The scope of work for such contractor shall also include
any excavation work incidental thereto, but shall not include any work such as
liquefied petroleum or natural gas fuel lines within buildings, except for
disconnecting or reconnecting changeouts of liquefied petroleum or natural gas
appliances within buildings; potable water lines or connections thereto;
sanitary sewer lines; swimming pool piping and filters; or electrical power
wiring.
(g) "Class B air-conditioning contractor" means a contractor whose services
are limited to 25 tons of cooling and 500,000 Btu of heating in any one system
in the execution of contracts requiring the experience, knowledge, and skill
to install, maintain, repair, fabricate, alter, extend, or design, when not
prohibited by law, central air-conditioning, refrigeration, heating, and
ventilating systems, including duct work in connection with a complete system
only to the extent such duct work is performed by the contractor as is
necessary to make complete an air-distribution system being installed under
this classification, and any duct cleaning and equipment sanitizing which
requires at least a partial disassembling of the system; to install, maintain,
repair, fabricate, alter, extend, or design, when not prohibited by law,
piping and insulation of pipes, vessels, and ducts; to replace, disconnect, or
reconnect power wiring on the load side of the dedicated existing electrical
disconnect switch; to install, disconnect, and reconnect low voltage heating,
ventilating, and air-conditioning control wiring; and to install a condensate
drain from an air-conditioning unit to an existing safe waste or other
approved disposal other than a direct connection to a sanitary system. The
scope of work for such contractor shall also include any excavation work
incidental thereto, but shall not include any work such as liquefied petroleum
or natural gas fuel lines within buildings, except for disconnecting or
reconnecting changeouts of liquefied petroleum or natural gas appliances
within buildings; potable water lines or connections thereto; sanitary sewer
lines; swimming pool piping and filters; or electrical power wiring.
(h) "Class C air-conditioning contractor" means a contractor whose business
is limited to the servicing of air-conditioning, heating, or refrigeration
systems, including any duct cleaning and equipment sanitizing which requires
at least a partial disassembling of the system, and whose certification or
registration, issued pursuant to this part, was valid on October 1, 1988. No
person not previously registered or certified as a Class C air-conditioning
contractor as of October 1, 1988, shall be so registered or certified after
October 1, 1988. However, the board shall continue to license and regulate
those Class C air-conditioning contractors who held Class C licenses prior to
October 1, 1988.
(i) "Mechanical contractor" means a contractor whose services are unlimited
in the execution of contracts requiring the experience, knowledge, and skill
to install, maintain, repair, fabricate, alter, extend, or design, when not
prohibited by law, central air-conditioning, refrigeration, heating, and
ventilating systems, including duct work in connection with a complete system
only to the extent such duct work is performed by the contractor as is
necessary to make complete an air-distribution system, boiler and unfired
pressure vessel systems, lift station equipment and piping, and all
appurtenances, apparatus, or equipment used in connection therewith, and any
duct cleaning and equipment sanitizing which requires at least a partial
disassembling of the system; to install, maintain, repair, fabricate, alter,
extend, or design, when not prohibited by law, piping, insulation of pipes,
vessels and ducts, pressure and process piping, pneumatic control piping,
gasoline tanks and pump installations and piping for same, standpipes, air
piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and
chemical lines, fuel transmission lines, liquefied petroleum gas lines within
buildings, and natural gas fuel lines within buildings; to replace,
disconnect, or reconnect power wiring on the load side of the dedicated
existing electrical disconnect switch; to install, disconnect, and reconnect
low voltage heating, ventilating, and air-conditioning control wiring; and to
install a condensate drain from an air-conditioning unit to an existing safe
waste or other approved disposal other than a direct connection to a sanitary
system. The scope of work for such contractor shall also include any
excavation work incidental thereto, but shall not include any work such as
potable water lines or connections thereto, sanitary sewer lines, swimming
pool piping and filters, or electrical power wiring.
(j) "Commercial pool/spa contractor" means a contractor whose scope of work
involves, but is not limited to, the construction, repair, and servicing of
any swimming pool, or hot tub or spa, whether public, private, or otherwise,
regardless of use. The scope of work includes the installation, repair, or
replacement of existing equipment, any cleaning or equipment sanitizing which
requires at least a partial disassembling, excluding filter changes, and the
installation of new pool/spa equipment, interior finishes, the installation of
package pool heaters, the installation of all perimeter piping and filter
piping, and the construction of equipment rooms or housing for pool/spa
equipment, and also includes the scope of work of a swimming pool/spa
servicing contractor. The scope of such work does not include direct
connections to a sanitary sewer system or to potable water lines. The
installation, construction, modification, or replacement of equipment
permanently attached to and associated with the pool or spa for the purpose of
water treatment or cleaning of the pool or spa requires licensure; however,
the usage of such equipment for the purposes of water treatment or cleaning
shall not require licensure unless the usage involves construction,
modification, or replacement of such equipment. Water treatment that does not
require such equipment does not require a license. In addition, a license
shall not be required for the cleaning of the pool or spa in any way that does
not affect the structural integrity of the pool or spa or its associated
equipment.
(k) "Residential pool/spa contractor" means a contractor whose scope of work
involves, but is not limited to, the construction, repair, and servicing of
any residential swimming pool, or hot tub or spa, regardless of use. The scope
of work includes the installation, repair, or replacement of existing
equipment, any cleaning or equipment sanitizing which requires at least a
partial disassembling, excluding filter changes, and the installation of new
pool/spa equipment, interior finishes, the installation of package pool
heaters, the installation of all perimeter piping and filter piping, and the
construction of equipment rooms or housing for pool/spa equipment, and also
includes the scope of work of a swimming pool/spa servicing contractor. The
scope of such work does not include direct connections to a sanitary sewer
system or to potable water lines. The installation, construction,
modification, or replacement of equipment permanently attached to and
associated with the pool or spa for the purpose of water treatment or cleaning
of the pool or spa requires licensure; however, the usage of such equipment
for the purposes of water treatment or cleaning shall not require licensure
unless the usage involves construction, modification, or replacement of such
equipment. Water treatment that does not require such equipment does not
require a license. In addition, a license shall not be required for the
cleaning of the pool or spa in any way that does not affect the structural
integrity of the pool or spa or its associated equipment.
(l) "Swimming pool/spa servicing contractor" means a contractor whose scope
of work involves, but is not limited to, the repair and servicing of any
swimming pool, or hot tub or spa, whether public or private, or otherwise,
regardless of use. The scope of work includes the repair or replacement of
existing equipment, any cleaning or equipment sanitizing which requires at
least a partial disassembling, excluding filter changes, and the installation
of new pool/spa equipment, interior refinishing, the reinstallation or
addition of pool heaters, the repair or replacement of all perimeter piping
and filter piping, the repair of equipment rooms or housing for pool/spa
equipment, and the substantial or complete draining of a swimming pool, or hot
tub or spa, for the purpose of any repair or renovation. The scope of such
work does not include direct connections to a sanitary sewer system or to
potable water lines. The installation, construction, modification, substantial
or complete disassembly, or replacement of equipment permanently attached to
and associated with the pool or spa for the purpose of water treatment or
cleaning of the pool or spa requires licensure; however, the usage of such
equipment for the purposes of water treatment or cleaning shall not require
licensure unless the usage involves construction, modification, substantial or
complete disassembly, or replacement of such equipment. Water treatment that
does not require such equipment does not require a license. In addition, a
license shall not be required for the cleaning of the pool or spa in any way
that does not affect the structural integrity of the pool or spa or its
associated equipment.
(m) "Plumbing contractor" means a contractor whose contracting business
consists of the execution of contracts requiring the experience, financial
means, knowledge, and skill to install, maintain, repair, alter, extend, or,
when not prohibited by law, design plumbing. A plumbing contractor may
install, maintain, repair, alter, extend, or, when not prohibited by law,
design the following without obtaining any additional local regulatory
license, certificate, or registration: sanitary drainage or storm drainage
facilities; venting systems; public or private water supply systems; septic
tanks; drainage and supply wells; swimming pool piping; irrigation systems; or
solar heating water systems and all appurtenances, apparatus, or equipment
used in connection therewith, including boilers and pressure process piping
and including the installation of water, natural gas, liquefied petroleum gas
and related venting, and storm and sanitary sewer lines; and water and sewer
plants and substations. The scope of work of the plumbing contractor also
includes the design, when not prohibited by law, and installation,
maintenance, repair, alteration, or extension of air-piping, vacuum line
piping, oxygen line piping, nitrous oxide piping, and all related medical gas
systems; fire line standpipes and fire sprinklers to the extent authorized by
law; ink and chemical lines; fuel oil and gasoline piping and tank and pump
installation, except bulk storage plants; and pneumatic control piping
systems, all in such a manner as to comply with all plans, specifications,
codes, laws, and regulations applicable. The scope of work of the plumbing
contractor shall apply to private property and public property, shall include
any excavation work incidental thereto, and shall include the work of the
specialty plumbing contractor. Such contractor shall subcontract, with a
qualified contractor in the field concerned, all other work incidental to the
work but which is specified herein as being the work of a trade other than
that of a plumbing contractor. Nothing in this definition shall be construed
to limit the scope of work of any specialty contractor certified pursuant to
s. 489.113(6). Nothing in this definition shall be construed to require
certification or registration under this part of any authorized employee of a
public natural gas utility or of a private natural gas utility regulated by
the Public Service Commission when disconnecting and reconnecting water lines
in the servicing or replacement of an existing water heater.
(n) "Underground utility and excavation contractor" means a contractor whose
services are limited to the construction, installation, and repair, on public
or private property, whether accomplished through open excavations or through
other means, including, but not limited to, directional drilling, auger
boring, jacking and boring, trenchless technologies, wet and dry taps,
grouting, and slip lining, of main sanitary sewer collection systems, main
water distribution systems, storm sewer collection systems, and the
continuation of utility lines from the main systems to a point of termination
up to and including the meter location for the individual occupancy, sewer
collection systems at property line on residential or single-occupancy
commercial properties, or on multioccupancy properties at manhole or wye
lateral extended to an invert elevation as engineered to accommodate future
building sewers, water distribution systems, or storm sewer collection systems
at storm sewer structures. However, an underground utility and excavation
contractor may install empty underground conduits in rights-of-way, easements,
platted rights-of-way in new site development, and sleeves for parking lot
crossings no smaller than 2 inches in diameter, provided that each conduit
system installed is designed by a licensed professional engineer or an
authorized employee of a municipality, county, or public utility and that the
installation of any such conduit does not include installation of any
conductor wiring or connection to an energized electrical system. An
underground utility and excavation contractor shall not install any piping
that is an integral part of a fire protection system as defined in s. 633.021
beginning at the point where the piping is used exclusively for such system.
(o) "Solar contractor" means a contractor whose services consist of the
installation, alteration, repair, maintenance, relocation, or replacement of
solar panels for potable solar water heating systems, swimming pool solar
heating systems, and photovoltaic systems and any appurtenances, apparatus, or
equipment used in connection therewith, whether public, private, or otherwise,
regardless of use. A contractor, certified or registered pursuant to the
provisions of this chapter, is not required to become a certified or
registered solar contractor or to contract with a solar contractor in order to
provide any services enumerated in this paragraph that are within the scope of
the services such contractors may render under this part.
(p) "Pollutant storage systems contractor" means a contractor whose services
are limited to, and who has the experience, knowledge, and skill to install,
maintain, repair, alter, extend, or design, when not prohibited by law, and
use materials and items used in the installation, maintenance, extension, and
alteration of, pollutant storage tanks. Any person installing a pollutant
storage tank shall perform such installation in accordance with the standards
adopted pursuant to s. 376.303.
(q) "Specialty contractor" means a contractor whose scope of work and
responsibility is limited to a particular phase of construction and whose
scope is limited to a subset of the activities described in the categories
established in one of the paragraphs of this subsection.
(4) "Primary qualifying agent" means a person who possesses the requisite
skill, knowledge, and experience, and has the responsibility, to supervise,
direct, manage, and control the contracting activities of the business
organization with which he or she is connected; who has the responsibility to
supervise, direct, manage, and control construction activities on a job for
which he or she has obtained the building permit; and whose technical and
personal qualifications have been determined by investigation and examination
as provided in this part, as attested by the department.
(5) "Secondary qualifying agent" means a person who possesses the requisite
skill, knowledge, and experience, and has the responsibility to supervise,
direct, manage, and control construction activities on a job for which he or
she has obtained a permit, and whose technical and personal qualifications
have been determined by investigation and examination as provided in this
part, as attested by the department.
(6) "Contracting" means, except as exempted in this part, engaging in
business as a contractor and includes, but is not limited to, performance of
any of the acts as set forth in subsection (3) which define types of
contractors. The attempted sale of contracting services and the negotiation or
bid for a contract on these services also constitutes contracting. If the
services offered require licensure or agent qualification, the offering,
negotiation for a bid, or attempted sale of these services requires the
corresponding licensure. However, the term "contracting" shall not extend to
an individual, partnership, corporation, trust, or other legal entity that
offers to sell or sells completed residences on property on which the
individual or business entity has any legal or equitable interest, if the
services of a qualified contractor certified or registered pursuant to the
requirements of this chapter have been or will be retained for the purpose of
constructing such residences.
(7) "Certificate" means a certificate of competency issued by the department
as provided in this part.
(8) "Certified contractor" means any contractor who possesses a certificate
of competency issued by the department and who shall be allowed to contract in
any jurisdiction in the state without being required to fulfill the competency
requirements of that jurisdiction.
(9) "Registration" means registration with the department as provided in this
part.
(10) "Registered contractor" means any contractor who has registered with the
department pursuant to fulfilling the competency requirements in the
jurisdiction for which the registration is issued. Registered contractors may
contract only in such jurisdictions.
(11) "Certification" means the act of obtaining or holding a certificate of
competency from the department as provided in this part.
(12) "Local construction regulation board" means a board, composed of not
fewer than three residents of a county or municipality, which the governing
body of that county or municipality may create and appoint to maintain the
proper standard of construction of that county or municipality.
(13) "Business organization" means any partnership, corporation, business
trust, joint venture, or other legal entity which engages or offers to engage
in the business of contracting or acts as a contractor as defined in this
section.
(14) "Financially responsible officer" means a person other than the primary
qualifying agent who with the approval of the board assumes personal
responsibility for all financial aspects of the business organization.
(15) "Structural component" means any vertical or horizontal load-bearing
member of a structure which supports dead or live loads in addition to its own
weight and includes, but is not limited to, a foundation, an exterior or
interior load-bearing wall, a column, a column beam, a floor, and a roof
structure.
(16) "Arbitration" means a process whereby a neutral third person or panel,
called an arbitrator or arbitration panel, considers the facts and arguments
presented by the parties and renders a decision which is binding on the
parties.
(17) "Pollutant storage tank" means a tank, together with associated piping
or dispensing facilities, which is or could be used for the storage or supply
of pollutants as defined in s. 376.301 and which is required to be registered
under chapter 17-761, Florida Administrative Code.
(18) "Tank" means any container other than one which is aboveground and
either elevated or situated upon an impermeable surface, or which is located
in an accessible underground area and either elevated or situated upon an
impermeable surface therein, in such manner that any leak in such container
may be readily detected.
(19) "Initial issuance" means the first time a certificate or registration is
granted to an individual or business organization, including the first time an
individual becomes a qualifying agent for that business organization and the
first time a business organization is qualified by that individual.
History.--ss. 2, 17, ch. 79-200; ss. 1, 3, ch. 80-85; s. 367, ch. 81-259; ss.
2, 3, ch. 81-318; ss. 28, 49, ch. 82-179; s. 1, ch. 83-140; s. 5, ch. 83-160;
s. 1, ch. 85-290; ss. 27, 31, ch. 86-159; s. 6, ch. 87-374; ss. 3, 20, 21, ch.
88-156; s. 2, ch. 89-343; s. 30, ch. 89-374; ss. 33, 34, ch. 90-228; ss. 35,
66, ch. 91-137; s. 4, ch. 91-429; s. 1, ch. 92-55; s. 10, ch. 92-115; s. 57,
ch. 92-149; s. 4, ch. 93-154; s. 2, ch. 93-166; s. 256, ch. 94-119; s. 184,
ch. 94-218; s. 1, ch. 96-365; s. 1126, ch. 97-103; s. 8, ch. 98-170; ss. 23,
59, ch. 98-419; s. 33, ch. 2000-372; s. 6, ch. 2005-30.
489.107 Construction Industry Licensing Board.--
(1) To carry out the provisions of this part, there is created within the
department the Construction Industry Licensing Board. Members shall be
appointed by the Governor, subject to confirmation by the Senate. Members
shall be appointed for 4-year terms. A vacancy on the board shall be filled
for the unexpired portion of the term in the same manner as the original
appointment. No member shall serve more than two consecutive 4-year terms or
more than 11 years on the board.
(2) The board shall consist of 18 members, of whom:
(a) Four are primarily engaged in business as general contractors;
(b) Three are primarily engaged in business as building contractors or
residential contractors, however, at least one building contractor and one
residential contractor shall be appointed;
(c) One is primarily engaged in business as a roofing contractor;
(d) One is primarily engaged in business as a sheet metal contractor;
(e) One is primarily engaged in business as an air-conditioning contractor;
(f) One is primarily engaged in business as a mechanical contractor;
(g) One is primarily engaged in business as a pool contractor;
(h) One is primarily engaged in business as a plumbing contractor;
(i) One is primarily engaged in business as an underground utility and
excavation contractor;
(j) Two are consumer members who are not, and have never been, members or
practitioners of a profession regulated by the board or members of any closely
related profession; and
(k) Two are building officials of a municipality or county.
(3) To be eligible to serve, each contractor member must have been certified
by the board to operate as a contractor in the category with respect to which
the member is appointed, be actively engaged in the construction business, and
have been so engaged for a period of not less than 5 consecutive years before
the date of appointment. Each appointee must be a citizen and resident of the
state.
(4) The board shall be divided into two divisions, Division I and Division
II.
(a) Division I is comprised of the general contractor, building contractor,
and residential contractor members of the board; one of the members appointed
pursuant to paragraph (2)(j); and one of the members appointed pursuant to
paragraph (2)(k). Division I has jurisdiction over the regulation of general
contractors, building contractors, and residential contractors.
(b) Division II is comprised of the roofing contractor, sheet metal
contractor, air-conditioning contractor, mechanical contractor, pool
contractor, plumbing contractor, and underground utility and excavation
contractor members of the board; one of the members appointed pursuant to
paragraph (2)(j); and one of the members appointed pursuant to paragraph
(2)(k). Division II has jurisdiction over the regulation of contractors
defined in s. 489.105(3)(d)-(p).
(c) Jurisdiction for the regulation of specialty contractors defined in s.
489.105(3)(q) shall lie with the division having jurisdiction over the scope
of work of the specialty contractor as defined by board rule.
(5) Five members of Division I constitute a quorum, and five members of
Division II constitute a quorum. The combined divisions shall meet together at
such times as the board deems necessary, but neither division, nor any
committee thereof, shall take action on any matter under the jurisdiction of
the other division. However, if either division is unable to obtain a quorum
for the purpose of conducting disciplinary proceedings, it may request members
of the other division, who are otherwise qualified to serve on the division
unable to obtain a quorum, to join in its deliberations. Such additional
members shall vote and count toward a quorum only during those disciplinary
proceedings.
(6) The Construction Industry Licensing Board and the Electrical Contractors'
Licensing Board shall each appoint a committee to meet jointly at least twice
a year.
History.--ss. 3, 17, ch. 79-200; ss. 2, 3, ch. 80-85; s. 368, ch. 81-259; ss.
2, 3, ch. 81-318; s. 1, ch. 84-322; ss. 4, 20, 21, ch. 88-156; s. 11, ch.
89-162; s. 36, ch. 91-137; s. 4, ch. 91-429; s. 157, ch. 92-149; s. 5, ch.
93-154; s. 3, ch. 93-166; s. 257, ch. 94-119; s. 185, ch. 94-218; s. 24, ch.
98-419.
489.108 Rulemaking authority.--The board has authority to adopt rules
pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this
chapter conferring duties upon it.
History.--s. 2, ch. 87-235; s. 21, ch. 88-156; s. 4, ch. 91-429; s. 160, ch.
98-200.
489.109 Fees.--
(1) The board, by rule, shall establish reasonable fees to be paid for
applications, certification and renewal, registration and renewal, and
recordmaking and recordkeeping. The fees shall be established as follows:
(a) With respect to an applicant for a certificate, the initial application
fee may not exceed $150, and, if an examination cost is included in the
application fee, the combined amount may not exceed $350. The initial
certification fee and the renewal fee may not exceed $200. However, any
applicant who seeks certification under this part by taking a practical
examination must pay as an examination fee the actual cost incurred by the
department in developing, preparing, administering, scoring, score reporting,
and evaluating the examination, if the examination is conducted by the
department.
(b) With respect to an applicant for registration, the initial application
fee may not exceed $100, and the initial registration fee and the renewal fee
may not exceed $200.
(c) The board, by rule, may establish delinquency fees, not to exceed the
applicable renewal fee for renewal applications made after the expiration date
of the certificate or registration.
(d) The board, by rule, may establish a fee for transfer of a certificate of
authority from one business organization to another, not to exceed the
applicable renewal fee.
(e) The board, by rule, shall impose a renewal fee for an inactive status
certificate or registration, not to exceed the renewal fee for an active
status certificate or registration. Neither the inactive certification fee nor
the inactive registration fee may exceed $50. The board, by rule, may provide
for a different fee for inactive status where such status is sought by a
building code administrator, plans examiner, or inspector certified pursuant
to part XII of chapter 468 who is employed by a local government and is not
allowed by the terms of such employment to maintain a certificate on active
status issued pursuant to this part.
(f) The board, by rule, shall impose an additional late fee on a delinquent
status certificateholder or registrant when such certificateholder or
registrant applies for active or inactive status.
(g) The board, by rule, shall impose an additional fee, not to exceed the
applicable renewal fee, which reasonably reflects the costs of processing a
certificateholder's or registrant's request to change licensure status at any
time other than at the beginning of a licensure cycle.
(2) The board shall establish fees that are adequate to ensure the continued
operation of the board. Fees shall be based on department estimates of the
revenue required to implement this part and the provisions of law with respect
to the regulation of the construction industry.
(3) In addition to the fees provided in subsection (1) for application and
renewal for certification and registration, all certificateholders and
registrants must pay a fee of $4 to the department at the time of application
or renewal. The funds must be transferred at the end of each licensing period
to the Department of Community Affairs to fund projects relating to the
building construction industry or continuing education programs offered to
persons engaged in the building construction industry in Florida, to be
selected by the Florida Building Commission. The board shall, at the time the
funds are transferred, advise the Department of Community Affairs on the most
needed areas of research or continuing education based on significant changes
in the industry's practices or on changes in the state building code or on the
most common types of consumer complaints or on problems costing the state or
local governmental entities substantial waste. The board's advice is not
binding on the Department of Community Affairs. The Department of Community
Affairs shall ensure the distribution of research reports and the availability
of continuing education programs to all segments of the building construction
industry to which they relate. The Department of Community Affairs shall
report to the board in October of each year, summarizing the allocation of the
funds by institution and summarizing the new projects funded and the status of
previously funded projects.
History.--ss. 4, 17, ch. 79-200; ss. 2, 3, ch. 81-318; ss. 5, 20, 21, ch.
88-156; s. 35, ch. 88-205; s. 1, ch. 89-5; s. 62, ch. 89-162; s. 31, ch.
89-374; s. 4, ch. 91-429; s. 58, ch. 92-149; s. 7, ch. 93-166; s. 258, ch.
94-119; s. 4, ch. 97-228; s. 12, ch. 99-254; s. 40, ch. 2000-141.
489.111 Licensure by examination.--
(1) Any person who desires to be certified shall apply to the department in
writing.
(2) A person shall be eligible for licensure by examination if the person:
(a) Is 18 years of age;
(b) Is of good moral character; and
(c) Meets eligibility requirements according to one of the following
criteria:
1. Has received a baccalaureate degree from an accredited 4-year college in
the appropriate field of engineering, architecture, or building construction
and has 1 year of proven experience in the category in which the person seeks
to qualify. For the purpose of this part, a minimum of 2,000 person-hours
shall be used in determining full-time equivalency.
2. Has a total of at least 4 years of active experience as a worker who has
learned the trade by serving an apprenticeship as a skilled worker who is able
to command the rate of a mechanic in the particular trade or as a foreman who
is in charge of a group of workers and usually is responsible to a
superintendent or a contractor or his or her equivalent, provided, however,
that at least 1 year of active experience shall be as a foreman.
3. Has a combination of not less than 1 year of experience as a foreman and
not less than 3 years of credits for any accredited college-level courses; has
a combination of not less than 1 year of experience as a skilled worker, 1
year of experience as a foreman, and not less than 2 years of credits for any
accredited college-level courses; or has a combination of not less than 2
years of experience as a skilled worker, 1 year of experience as a foreman,
and not less than 1 year of credits for any accredited college-level courses.
All junior college or community college-level courses shall be considered
accredited college-level courses.
4.a. An active certified residential contractor is eligible to take the
building contractors' examination if he or she possesses a minimum of 3 years
of proven experience in the classification in which he or she is certified.
b. An active certified residential contractor is eligible to take the general
contractors' examination if he or she possesses a minimum of 4 years of proven
experience in the classification in which he or she is certified.
c. An active certified building contractor is eligible to take the general
contractors' examination if he or she possesses a minimum of 4 years of proven
experience in the classification in which he or she is certified.
5.a. An active certified air-conditioning Class C contractor is eligible to
take the air-conditioning Class B contractors' examination if he or she
possesses a minimum of 3 years of proven experience in the classification in
which he or she is certified.
b. An active certified air-conditioning Class C contractor is eligible to
take the air-conditioning Class A contractors' examination if he or she
possesses a minimum of 4 years of proven experience in the classification in
which he or she is certified.
c. An active certified air-conditioning Class B contractor is eligible to
take the air-conditioning Class A contractors' examination if he or she
possesses a minimum of 1 year of proven experience in the classification in
which he or she is certified.
6.a. An active certified swimming pool servicing contractor is eligible to
take the residential swimming pool contractors' examination if he or she
possesses a minimum of 3 years of proven experience in the classification in
which he or she is certified.
b. An active certified swimming pool servicing contractor is eligible to take
the swimming pool commercial contractors' examination if he or she possesses a
minimum of 4 years of proven experience in the classification in which he or
she is certified.
c. An active certified residential swimming pool contractor is eligible to
take the commercial swimming pool contractors' examination if he or she
possesses a minimum of 1 year of proven experience in the classification in
which he or she is certified.
d. An applicant is eligible to take the swimming pool/spa servicing
contractors' examination if he or she has satisfactorily completed 60 hours of
instruction in courses related to the scope of work covered by that license
and approved by the Construction Industry Licensing Board by rule and has at
least 1 year of proven experience related to the scope of work of such a
contractor.
(3)(a) The board may refuse to certify an applicant for failure to satisfy
the requirement of good moral character only if:
1. There is a substantial connection between the lack of good moral character
of the applicant and the professional responsibilities of a certified
contractor; and
2. The finding by the board of lack of good moral character is supported by
clear and convincing evidence.
(b) When an applicant is found to be unqualified for a certificate because of
a lack of good moral character, the board shall furnish the applicant a
statement containing the findings of the board, a complete record of the
evidence upon which the determination was based, and a notice of the rights of
the applicant to a rehearing and appeal.
(4) The department shall ensure that a sensitivity review committee has been
established including representatives of various ethnic/minority groups. No
question found by this committee to be discriminatory against any
ethnic/minority group shall be included in the examination.
History.--ss. 5, 17, ch. 79-200; s. 369, ch. 81-259; ss. 2, 3, ch. 81-318; ss.
6, 20, 21, ch. 88-156; s. 12, ch. 89-162; s. 4, ch. 91-429; s. 480, ch.
97-103; s. 5, ch. 97-228; s. 1, ch. 2001-117; s. 7, ch. 2002-392.
489.113 Qualifications for practice; restrictions.--
(1) Any person who desires to engage in contracting on a statewide basis
shall, as a prerequisite thereto, establish his or her competency and
qualifications to be certified pursuant to this part. To establish competency,
a person shall pass the appropriate examination approved by the board and
certified by the department. Any person who desires to engage in contracting
on other than a statewide basis shall, as a prerequisite thereto, be
registered pursuant to this part, unless exempted by this part.
(2) No person who is not certified or registered shall engage in the business
of contracting in this state. However, for purposes of complying with the
provisions of this chapter, a person who is not certified or registered may
perform construction work under the supervision of a person who is certified
or registered, provided that the work is within the scope of the supervisor's
license and provided that the person being supervised is not engaged in
construction work which would require a license as a contractor under any of
the categories listed in s. 489.105(3)(d)-(o). This subsection does not affect
the application of any local construction licensing ordinances. To enforce
this subsection:
(a) The department shall issue a cease and desist order to prohibit any
person from engaging in the business of contracting who does not hold the
required certification or registration for the work being performed under this
part. For the purpose of enforcing a cease and desist order, the department
may file a proceeding in the name of the state seeking issuance of an
injunction or a writ of mandamus against any person who violates any provision
of such order.
(b) A county, municipality, or local licensing board created by special act
may issue a cease and desist order to prohibit any person from engaging in the
business of contracting who does not hold the required certification or
registration for the work being performed under this part.
(3) A contractor shall subcontract all electrical, mechanical, plumbing,
roofing, sheet metal, swimming pool, and air-conditioning work, unless such
contractor holds a state certificate or registration in the respective trade
category, however:
(a) A general, building, or residential contractor, except as otherwise
provided in this part, shall be responsible for any construction or alteration
of a structural component of a building or structure, and any certified
general contractor or certified underground utility and excavation contractor
may perform clearing and grubbing, grading, excavation, and other site work
for any construction project in the state. Any certified building contractor
or certified residential contractor may perform clearing and grubbing,
grading, excavation, and other site work for any construction project in this
state, limited to the lot on which any specific building is located.
(b) A general, building, or residential contractor shall not be required to
subcontract the installation, or repair made under warranty, of wood shingles,
wood shakes, or asphalt or fiberglass shingle roofing materials on a new
building of his or her own construction.
(c) A general contractor shall not be required to subcontract structural
swimming pool work. All other swimming pool work shall be subcontracted to an
appropriately licensed certified or registered swimming pool contractor.
(d) A general contractor shall not be required to subcontract the
construction of a main sanitary sewer collection system, storm collection
system, or water distribution system, not including the continuation of
utility lines from the mains to the buildings, and may perform any of the
services, on public or private property, for which a license as an underground
utility and excavation contractor is required under this part.
(e) A general contractor shall not be required to subcontract the
continuation of utility lines from the mains in mobile home parks, and such
continuations are to be considered a part of the main sewer collection and
main water distribution systems.
(f) A solar contractor shall not be required to subcontract minor, as defined
by board rule, electrical, mechanical, plumbing, or roofing work so long as
that work is within the scope of the license held by the solar contractor and
where such work exclusively pertains to the installation of residential solar
energy equipment as defined by rules of the board adopted in conjunction with
the Electrical Contracting Licensing Board.
(g) No general, building, or residential contractor certified after 1973
shall act as, hold himself or herself out to be, or advertise himself or
herself to be a roofing contractor unless he or she is certified or registered
as a roofing contractor.
(4)(a) When a certificateholder desires to engage in contracting in any area
of the state, as a prerequisite therefor, he or she shall be required only to
exhibit to the local building official, tax collector, or other person in
charge of the issuance of licenses and building permits in the area evidence
of holding a current certificate and to pay the fee for the occupational
license and building permit required of other persons.
(b) Notwithstanding the provisions of paragraph (a), a local construction
regulation board may deny, suspend, or revoke the authority of a certified
contractor to obtain a building permit or limit such authority to obtaining a
permit or permits with specific conditions, if the local construction
regulation board has found such contractor, through the public hearing
process, to be guilty of fraud or a willful building code violation within the
county or municipality that the local construction regulation board represents
or if the local construction regulation board has proof that such contractor,
through the public hearing process, has been found guilty in another county or
municipality within the past 12 months, of fraud or a willful building code
violation and finds, after providing notice of an opportunity to be heard to
the contractor, that such fraud or violation would have been fraud or a
violation if committed in the county or municipality that the local
construction board represents. Notification of and information concerning such
permit denial shall be submitted to the department within 15 days after the
local construction regulation board decides to deny the permit.
(c) The local government may also deny issuance of, or may suspend, any
outstanding building permit where a contractor fails or refuses to provide
proof of public liability and property damage insurance coverage as required
by s. 489.115(5) and workers' compensation insurance coverage as required by
s. 489.114.
(d) It is the policy of the state that the purpose of regulation is to
protect the public by attaining compliance with the policies established in
law. Fines and other penalties are provided in order to ensure compliance;
however, the collection of fines and the imposition of penalties are intended
to be secondary to the primary goal of attaining compliance with state laws
and local jurisdiction ordinances. It is the intent of the Legislature that a
local jurisdiction agency charged with enforcing regulatory laws shall issue a
notice of noncompliance as its first response to a minor violation of a
regulatory law in any instance in which it is reasonable to assume that the
violator was unaware of such a law or unclear as to how to comply with it. A
violation of a regulatory law is a "minor violation" if it does not result in
economic or physical harm to a person or adversely affect the public health,
safety, or welfare or create a significant threat of such harm. A "notice of
noncompliance" is a notification by the local jurisdiction agency charged with
enforcing the ordinance, which is issued to the licensee that is subject to
the ordinance. A notice of noncompliance should not be accompanied with a fine
or other disciplinary penalty. It should identify the specific ordinance that
is being violated, provide information on how to comply with the ordinance,
and specify a reasonable time for the violator to comply with the ordinance.
Failure of a licensee to take action correcting the violation within a set
period of time would then result in the institution of further disciplinary
proceedings.
(5) The certificate is not transferable.
(6) The board shall, by rule, designate those types of specialty contractors
which may be certified under this part. The limit of the scope of work and
responsibility of a specialty contractor shall be established by the board by
rule. However, a certified specialty contractor category established by board
rule exists as a voluntary statewide licensing category and does not create a
mandatory licensing requirement. Any mandatory statewide construction
contracting licensure requirement may only be established through specific
statutory provision.
(7) If an eligible applicant fails any contractor's written examination,
except the general and building contractors' examination, and provides the
board with acceptable proof of lack of comprehension of written examinations,
the applicant may petition the board to be administered a uniform oral
examination, subject to the following conditions:
(a) The applicant documents 10 years of experience in the appropriate
construction craft.
(b) The applicant files written recommendations concerning his or her
competency in the appropriate construction craft.
(c) The applicant is administered only one oral examination within a period
of 1 year.
(8) Any public record of the board, when certified by the executive director
of the board or the executive director's representative, may be received as
prima facie evidence in any administrative or judicial proceeding.
(9)(a) This part does not prevent any contractor from acting as a prime
contractor where the majority of the work to be performed under the contract
is within the scope of his or her license or from subcontracting to other
licensed contractors that remaining work which is part of the project
contracted.
(b) This part, chapter 471, chapter 481, or any other provision of law does
not:
1. Prevent any licensed engineer or architect from contracting directly with
a licensed contractor for the preparation of plans, specifications, or a
master design manual addressing structural designs used to make an application
for building permits.
2. Require a licensed engineer or architect, when preparing drawings,
specifications, plans, or master design manuals for use by any licensed
contractor, to prepare site-specific drawings, specifications, or plans for
the design and construction of single-family and two-family dwellings;
swimming pools, spas, or screened enclosures; or any other structure not
exceeding 1,200 square feet or one story in height. For the purpose of issuing
building permits, local building officials shall accept such drawings,
specifications, or plans when submitted by any licensed contractor. Upon good
cause shown, local government code enforcement agencies may accept or reject
plans prepared by persons licensed under chapter 471, chapter 481, or this
chapter.
As used in this section, the term "master design manual" means a restrictive
design manual intended to be used to design, permit, and construct structures
as described in this section. Any such manual must be prepared by a licensed
engineer or architect and specifically detail the limits of its use,
including, but not limited to, the structure type, size, materials, loading
conditions, time limits, applicable codes, and associated criteria. The manual
must also detail the required training for the contractor, engineer, or
architect using the manual. All master design manuals must be peer reviewed by
an independent licensed engineer or architect having no financial interest in
the development of the manual or the construction of structures pursuant to
the manual. The engineer or architect conducting the peer review must be
identified in the manual.
(c) Notwithstanding anything in this chapter or any other provision of law, a
licensed engineer or architect is not required for the preparation or use of
any design guide adopted by the Florida Building Commission as part of the
building code pursuant to s. 553.73.
(10) The addition of a new type of contractor or the expansion of the scope
of practice of any type of contractor under this part shall not limit the
scope of practice of any existing type of contractor under this part unless
the Legislature expressly provides such a limitation.
History.--ss. 6, 17, ch. 79-200; ss. 3, 4, ch. 80-85; ss. 2, 3, ch. 81-318; s.
2, ch. 85-290; ss. 28, 31, ch. 86-159; s. 3, ch. 87-235; s. 13, ch. 87-310; s.
7, ch. 87-374; ss. 7, 20, 21, ch. 88-156; s. 32, ch. 89-374; s. 43, ch.
90-228; s. 67, ch. 91-137; s. 4, ch. 91-429; s. 59, ch. 92-149; ss. 2, 6, ch.
93-154; s. 8, ch. 93-166; s. 186, ch. 94-218; s. 481, ch. 97-103; s. 6, ch.
97-228; s. 25, ch. 98-419; s. 4, ch. 2003-257; s. 8, ch. 2007-227.
489.1136 Medical gas certification.--
(1)(a) In addition to the certification or registration required to engage in
business as a plumbing contractor, any plumbing contractor who wishes to
engage in the business of installation, improvement, repair, or maintenance of
any tubing, pipe, or similar conduit used to transport gaseous or partly
gaseous substances for medical purposes shall take, as part of the
contractor's continuing education requirement, at least once during the
holding of such license, a course of at least 6 hours. Such course shall be
given by an instructional facility or teaching entity that has been approved
by the board. In order for a course to be approved, the board must find that
the course is designed to teach familiarity with the National Fire Prevention
Association Standard 99C (Standard on Gas and Vacuum Systems, latest edition)
and also designed to teach familiarity and practical ability in performing and
inspecting brazing duties required of medical gas installation, improvement,
repair, or maintenance work. Such course shall issue a certificate of
completion to the taker of the course, which certificate shall be available
for inspection by any entity or person seeking to have such contractor engage
in the business of installation, improvement, repair, or maintenance of a
medical gas system.
(b) Any other natural person who is employed by a licensed plumbing
contractor to provide work on the installation, improvement, repair, or
maintenance of a medical gas system, except as noted in paragraph (c), shall,
as a prerequisite to his or her ability to provide such service, take a course
approved by the board. Such course shall be at least 8 hours and consist of
both classroom and practical work designed to teach familiarity with the
National Fire Prevention Association Standard 99C (Standard on Gas and Vacuum
Systems, latest edition) and also designed to teach familiarity and practical
ability in performing and inspecting brazing duties required of medical gas
installation, improvement, repair, or maintenance work. Such course shall also
include the administration of a practical examination in the skills required
to perform work as outlined above, including brazing, and each examination
shall be reasonably constructed to test for knowledge of the subject matter.
The person taking such course and examination must, upon successful completion
of both, be issued a certificate of completion by the giver of such course,
which certificate shall be made available by the holder for inspection by any
person or entity seeking to have such person perform work on the installation,
improvement, repair, or maintenance of a medical gas system.
(c) Any other natural person who wishes to perform only brazing duties
incidental to the installation, improvement, repair, or maintenance of a
medical gas system shall pass an examination designed to show that person's
familiarity with and practical ability in performing brazing duties required
of medical gas installation, improvement, repair, or maintenance. Such
examination shall be from a test approved by the board. Such examination must
test for knowledge of National Fire Prevention Association Standard 99C
(Standard on Gas and Vacuum Systems, latest edition). The person taking such
examination must, upon passing such examination, be issued a certificate of
completion by the giver of such examination, and such certificate shall be
made available by the holder for inspection by any person or entity seeking to
have or employ such person to perform brazing duties on a medical gas system.
(d) It is the responsibility of the licensed plumbing contractor to ascertain
whether members of his or her workforce are in compliance with this
subsection, and such contractor is subject to discipline under s. 489.129 for
violation of this subsection.
(e) Training programs in medical gas piping installation, improvement,
repair, or maintenance shall be reviewed annually by the board to ensure that
programs have been provided equitably across the state.
(f) Periodically, the board shall review training programs in medical gas
piping installation for quality in content and instruction in accordance with
the National Fire Prevention Association Standard 99C (Standard on Gas and
Vacuum Systems, latest edition). The board shall also respond to complaints
regarding approved programs.
(2)(a) On any job site where a medical gas system is being installed,
improved, repaired, or maintained, it is required that a person qualified
under paragraph (1)(a) or paragraph (1)(b) must be present. When any brazing
work is performed by a person qualified under paragraph (1)(c), a person
qualified under paragraph (1)(a) or paragraph (1)(b) must be present.
(b) It is the responsibility of the licensed contractor to ascertain whether
members of his or her workforce are in compliance with paragraph (a), and such
contractor is subject to discipline under s. 489.129 for violation of this
subsection.
(3) The term "medical" as used in this section means any medicinal,
life-supporting, or health-related purpose. Any and all gaseous or partly
gaseous substance used in medical patient care and treatment shall be presumed
for the purpose of this section to be used for medical purposes.
History.--s. 27, ch. 98-419; s. 35, ch. 2000-154; s. 14, ch. 2001-63.
489.114 Evidence of workers' compensation coverage.--Except as provided in s.
489.115(5)(d), any person, business organization, or qualifying agent engaged
in the business of contracting in this state and certified or registered under
this part shall, as a condition precedent to the issuance or renewal of a
certificate, registration, or certificate of authority of the contractor,
provide to the Construction Industry Licensing Board, as provided by board
rule, evidence of workers' compensation coverage pursuant to chapter 440. In
the event that the Division of Workers' Compensation of the Department of
Financial Services receives notice of the cancellation of a policy of workers'
compensation insurance insuring a person or entity governed by this section,
the Division of Workers' Compensation shall certify and identify all persons
or entities by certification or registration license number to the department
after verification is made by the Division of Workers' Compensation that
persons or entities governed by this section are no longer covered by workers'
compensation insurance. Such certification and verification by the Division of
Workers' Compensation may result from records furnished to the Division of
Workers' Compensation by the persons or entities governed by this section or
an investigation completed by the Division of Workers' Compensation. The
department shall notify the persons or entities governed by this section who
have been determined to be in noncompliance with chapter 440, and the persons
or entities notified shall provide certification of compliance with chapter
440 to the department and pay an administrative fine in the amount of $500.
The failure to maintain workers' compensation coverage as required by law
shall be grounds for the board to revoke, suspend, or deny the issuance or
renewal of a certificate, registration, or certificate of authority of the
contractor under the provisions of s. 489.129.
History.--s. 29, ch. 89-289; s. 1, ch. 90-192; s. 47, ch. 90-201; s. 45, ch.
91-1; s. 4, ch. 91-429; s. 9, ch. 93-166; s. 7, ch. 97-228; s. 30, ch.
2001-91; s. 17, ch. 2002-236; s. 508, ch. 2003-261.
489.115 Certification and registration; endorsement; reciprocity; renewals;
continuing education.--
(1) No person may engage in the business of contracting in this state without
first being certified or registered in the proper classification.
(2)(a) The department shall issue a certificate or registration to each
person qualified by the board and upon receipt of the original license fee.
(b) Certification allows the certificateholder to engage in contracting only
for the type of work covered by the certificate and only while the certificate
is on active status.
(3) The board shall certify as qualified for certification by endorsement any
applicant who:
(a) Meets the requirements for certification as set forth in this section;
has passed a national, regional, state, or United States territorial licensing
examination that is substantially equivalent to the examination required by
this part; and has satisfied the requirements set forth in s. 489.111;
(b) Holds a valid license to practice contracting issued by another state or
territory of the United States, if the criteria for issuance of such license
were substantially equivalent to Florida's current certification criteria; or
(c) Holds a valid, current license to practice contracting issued by another
state or territory of the United States, if the state or territory has entered
into a reciprocal agreement with the board for the recognition of contractor
licenses issued in that state, based on criteria for the issuance of such
licenses that are substantially equivalent to the criteria for certification
in this state.
(4)(a) Each certificateholder or registrant who desires to continue as a
certificateholder or registrant shall renew the certificate or registration
every 2 years. The department shall mail each certificateholder and registrant
an application for renewal.
(b)1. Each certificateholder or registrant shall provide proof, in a form
established by rule of the board, that the certificateholder or registrant has
completed at least 14 classroom hours of at least 50 minutes each of
continuing education courses during each biennium since the issuance or
renewal of the certificate or registration. The board shall establish by rule
that a portion of the required 14 hours must deal with the subject of workers'
compensation, business practices, workplace safety, and, for applicable
licensure categories, wind mitigation methodologies, and 1 hour of which must
deal with laws and rules. The board shall by rule establish criteria for the
approval of continuing education courses and providers, including requirements
relating to the content of courses and standards for approval of providers,
and may by rule establish criteria for accepting alternative nonclassroom
continuing education on an hour-for-hour basis. The board shall prescribe by
rule the continuing education, if any, which is required during the first
biennium of initial licensure. A person who has been licensed for less than an
entire biennium must not be required to complete the full 14 hours of
continuing education.
2. In addition, the board may approve specialized continuing education
courses on compliance with the wind resistance provisions for one and two
family dwellings contained in the Florida Building Code and any alternate
methodologies for providing such wind resistance which have been approved for
use by the Florida Building Commission. Division I certificateholders or
registrants who demonstrate proficiency upon completion of such specialized
courses may certify plans and specifications for one and two family dwellings
to be in compliance with the code or alternate methodologies, as appropriate,
except for dwellings located in floodways or coastal hazard areas as defined
in ss. 60.3D and E of the National Flood Insurance Program.
3. Each certificateholder or registrant shall provide to the board proof of
completion of the core curriculum courses, or passing the equivalency test of
the Building Code Training Program established under s. 553.841, specific to
the licensing category sought, within 2 years after commencement of the
program or of initial certification or registration, whichever is later.
Classroom hours spent taking core curriculum courses shall count toward the
number required for renewal of certificates or registration. A
certificateholder or registrant who passes the equivalency test in lieu of
taking the core curriculum courses shall receive full credit for core
curriculum course hours.
4. The board shall require, by rule adopted pursuant to ss. 120.536(1) and
120.54, a specified number of hours in specialized or advanced module courses,
approved by the Florida Building Commission, on any portion of the Florida
Building Code, adopted pursuant to 1part VII of chapter 553, relating to the
contractor's respective discipline.
(c) The certificateholder or registrant shall complete, sign, and forward the
renewal application to the department, together with the appropriate fee. Upon
receipt of the application and fee, the department shall renew the certificate
or registration.
(5)(a) As a prerequisite to the initial issuance or the renewal of a
certificate or registration, the applicant shall submit an affidavit on a form
provided by the board attesting to the fact that the applicant has obtained
workers' compensation insurance as required by chapter 440, public liability
insurance, and property damage insurance for the safety and welfare of the
public, in amounts determined by rule of the board. The board shall by rule
establish a procedure to verify the accuracy of such affidavits based upon a
random sample method.
(b) In addition to the affidavit of insurance, as a prerequisite to the
initial issuance of a certificate, the applicant shall furnish a credit report
from a nationally recognized credit agency that reflects the financial
responsibility of the applicant and evidence of financial responsibility,
credit, and business reputation of either himself or herself or the business
organization he or she desires to qualify. The board shall adopt rules
defining financial responsibility based upon the applicant's credit history,
ability to be bonded, and any history of bankruptcy or assignment of
receivers. The board may also adopt rules that would allow applicants to
demonstrate financial responsibility, as an alternative to the foregoing, by
providing minimum credit scores or bonds payable as prescribed for financially
responsible officers. Such rules shall specify the financial responsibility
grounds on which the board may refuse to qualify an applicant for
certification.
(c) If, within 60 days from the date the applicant is notified that he or she
has qualified, he or she does not provide the evidence required, he or she
shall apply to the department for an extension of time which shall be granted
upon a showing of just cause.
(d) An applicant for initial issuance of a certificate or registration shall
submit as a prerequisite to qualifying for an exemption from workers'
compensation coverage requirements under s. 440.05 an affidavit attesting to
the fact that the applicant will obtain an exemption within 30 days after the
date the initial certificate or registration is issued by the board.
(6) An applicant for initial issuance of a certificate or registration shall
submit to a statewide criminal history records check through the Department of
Law Enforcement. The Department of Business and Professional Regulation shall
submit the requests for the criminal history records check to the Department
of Law Enforcement for state processing, and the Department of Law Enforcement
shall return the results to the department to determine if the applicant meets
certification or registration requirements. If the applicant has been
convicted of a felony, the board may deny licensure to the applicant based
upon the severity of the crime, the relationship of the crime to contracting,
or the potential for public harm. The board shall also, in denying or
approving licensure, consider the length of time since the commission of the
crime and the rehabilitation of the applicant. The board may not deny
licensure to an applicant based solely upon a felony conviction or the
applicant's failure to provide proof of restoration of civil rights.
(7) An initial applicant shall, along with the application, and a
certificateholder or registrant shall, upon requesting a change of status,
submit to the board a credit report from a nationally recognized credit agency
that reflects the financial responsibility of the applicant or
certificateholder or registrant. The credit report required for the initial
applicant shall be considered the minimum evidence necessary to satisfy the
board that he or she is financially responsible to be certified, has the
necessary credit and business reputation to engage in contracting in the
state, and has the minimum financial stability necessary to avoid the problem
of financial mismanagement or misconduct. The board shall, by rule, adopt
guidelines for determination of financial stability, which may include minimum
requirements for net worth, cash, and bonding for Division I
certificateholders of no more than $20,000 and for Division II
certificateholders of no more than $10,000. Fifty percent of the financial
requirements may be met by completing a 14-hour financial responsibility
course approved by the board.
(8) If a certificateholder or registrant holds a license under both this part
and part II and is required to have continuing education courses under s.
489.517(3), the certificateholder or registrant may apply those course hours
for workers' compensation, workplace safety, and business practices obtained
under part II to the requirements under this part.
(9) An initial applicant shall submit, along with the application, a complete
set 2of fingerprints in a form and manner required by the department. The
fingerprints shall be submitted to the Department of Law Enforcement for state
processing, and the Department of Law Enforcement shall forward them to the
Federal Bureau of Investigation for the purpose of conducting a level 2
background check pursuant to s. 435.04. The department shall and the board may
review the background results to determine if an applicant meets licensure
requirements. The cost for the fingerprint processing shall be borne by the
person subject to the background screening. These fees are to be collected by
the authorized agencies or vendors. The authorized agencies or vendors are
responsible for paying the processing costs to the Department of Law
Enforcement.
History.--ss. 7, 17, ch. 79-200; ss. 2, 3, ch. 81-318; s. 85, ch. 83-329; ss.
8, 20, 21, ch. 88-156; s. 2, ch. 89-5; s. 33, ch. 89-374; s. 4, ch. 91-429; s.
60, ch. 92-149; s. 10, ch. 93-166; s. 75, ch. 93-415; s. 259, ch. 94-119; s.
6, ch. 94-284; s. 482, ch. 97-103; s. 8, ch. 97-228; s. 3, ch. 98-116; ss. 20,
21, ch. 98-287; s. 29, ch. 98-419; ss. 41, 42, ch. 2000-141; s. 31, ch.
2001-91; s. 35, ch. 2001-186; s. 4, ch. 2001-372; s. 3, ch. 2007-86; s. 2, ch.
2007-126; s. 6, ch. 2007-227.
1Note.--The Florida Building Code is covered in part IV, ch. 553.
2Note.--The word "of" was inserted by the editors.
489.116 Inactive and delinquent status; renewal and cancellation notices.--
(1) A certificateholder or registrant may not engage in contracting unless
the certificateholder or registrant has an active status certificate or
registration. A certificateholder or registrant who engages in contracting
without an active status certificate or registration is subject to
disciplinary action as provided in ss. 455.227 and 489.129.
(2) The board shall permit a certificateholder or registrant to elect, at the
time of licensure renewal, an active or inactive status.
(3) An inactive status certificateholder or registrant may change to active
status at any time, provided the certificateholder or registrant meets all
requirements for active status, pays any additional licensure fees necessary
to equal those imposed on an active status certificateholder or registrant,
and pays any applicable late fees.
(4) A certificateholder or registrant shall apply with a completed
application, as determined by board rule, to renew an active or inactive
status certificate or registration before the certificate or registration
expires. Failure of a certificateholder or registrant to so apply shall cause
the certificate or registration to become a delinquent certificate or
registration. Further, any delinquent certificateholder or registrant who
fails to apply to renew licensure on either active or inactive status before
expiration of the current licensure cycle must reapply in the same manner as
an applicant for initial certification or registration.
(5) A delinquent status certificateholder or registrant must apply with a
completed application, as determined by board rule, for active or inactive
status during the current licensure cycle. Failure by a delinquent status
certificateholder or registrant to become active or inactive before the
expiration of the current licensure cycle renders the certificate or
registration void, and any subsequent licensure shall be subject to all
procedures and requirements imposed on an applicant for initial licensure.
(6) An inactive certificateholder or registrant shall comply with the same
continuing education requirements, if any, that are imposed on an active
status certificateholder or registrant.
(7) The status or any change in status of a certificateholder or registrant
shall not alter in any way the board's right to impose discipline or to
enforce discipline previously imposed on a certificateholder or registrant for
acts or omissions committed by the certificateholder or registrant while
holding a certificate or registration.
(8) At least 60 days prior to the end of a licensure cycle, the department
shall forward:
(a) A licensure renewal notification to an active or inactive
certificateholder or registrant at the certificateholder's or registrant's
address of record.
(b) A notice of pending cancellation of licensure to a delinquent status
certificateholder or registrant at the certificateholder's or registrant's
address of record.
History.--s. 11, ch. 93-166; ss. 10, 261, ch. 94-119.
489.117 Registration; specialty contractors.--
(1)(a) Any person engaged in the business of a contractor in the state shall
be registered in the proper classification, unless he or she is certified. Any
person entering the business of a contractor shall be registered prior to
engaging in business as a contractor, unless he or she is certified. To be
initially registered, the applicant shall submit the required fee and file
evidence, in a form provided by the department, of holding a current local
occupational license required by any municipality, county, or development
district, if any, for the type of work for which registration is desired and
evidence of successful compliance with the local examination and licensing
requirements, if any, in the area for which registration is desired. No
examination shall be required for registration.
(b) Registration allows the registrant to engage in contracting only in the
counties, municipalities, or development districts where he or she has
complied with all local licensing requirements and only for the type of work
covered by the registration.
(c) Each registrant shall report to the board each local jurisdiction and
each category of registration in which the registrant holds a certificate of
competency or license, or where the registrant has been granted a certificate
of competency or license by reciprocal agreement, for which registration is
required by this part, within 30 days after obtaining such certificate or
license.
(2) No new registration may be issued by the board after July 1, 1993, based
on any certificate of competency or license for a category of contractor
defined in s. 489.105(3)(a)-(o) which is issued by a municipal or county
government that does not exercise disciplinary control and oversight over such
locally licensed contractors, including forwarding a recommended order in each
action to the board as provided in s. 489.131(7). For purposes of this
subsection and s. 489.131(10), the board shall determine the adequacy of such
disciplinary control by reviewing the local government's ability to process
and investigate complaints and to take disciplinary action against locally
licensed contractors.
(3)(a) Upon findings of fact supporting the need therefor, the board may
grant a limited nonrenewable registration to a contractor not domiciled in the
state, for one project. During the period of such registration the board may
require compliance with this and any other statute of the state.
(b) The application for a temporary registration shall constitute appointment
of the Department of State as an agent of the applicant for service of process
in any action or proceeding against the applicant arising out of any
transaction or operation connected with or incidental to the practice of
contracting for which the temporary license was issued.
(4)(a) A person holding a local license whose job scope does not
substantially correspond to either the job scope of one of the contractor
categories defined in s. 489.105(3)(a)-(o), or the job scope of one of the
certified contractor categories previously established by board rule as of the
effective date of this provision, shall not be required to register with the
board to perform contracting activities within the scope of such specialty
license.
(b) A local jurisdiction may require an individual holding a local specialty
contractor license in a category which pursuant to paragraph (a) does not
permit registration to obtain a tracking registration from the board, provided
that the board has established by rule that the activities which comprise the
job scope of the local specialty contractor license involve lifesafety
considerations and a significant potential danger to the consumer.
(c) The local jurisdictions shall be responsible for providing licensure
information, code violation information pursuant to s. 553.781, and
disciplinary information on locally licensed individuals to the board within
30 days after licensure or any disciplinary action, and the board shall
maintain such licensure and disciplinary information as is provided to them,
and shall make such information available through the automated information
system provided pursuant to s. 455.2286. The biennial tracking registration
fee shall not exceed $40.
(d) Neither the board nor the department assumes any responsibility for
providing discipline pursuant to having provided the tracking registration.
Providing discipline to such locally licensed individuals shall be the
responsibility of the local jurisdiction. Failure to obtain a tracking
registration shall not be considered a violation of this chapter; however, a
local jurisdiction requiring such tracking registration may levy such
penalties for failure to obtain the tracking registration as it chooses to
provide through local ordinance.
(e) Any person who is not required to obtain registration or certification
pursuant to s. 489.105(3)(d)-(o) may perform specialty contracting services
for the construction, remodeling, repair, or improvement of single-family
residences, including a townhouse as defined in the Florida Building Code,
without obtaining a local professional license if such person is under the
supervision of a certified or registered general, building, or residential
contractor. As used in this paragraph, supervision shall not be deemed to
require the existence of a direct contract between the certified or registered
general, building, or residential contractor and the person performing
specialty contracting services.
(5) In order to establish uniformity among the job scopes established by
local jurisdictions, the board shall, by rule, establish the job scope for any
licensure category registered by the board under this part. The board shall
not arbitrarily limit such scopes and shall restrict the job scopes only to
the minimum extent necessary to ensure uniformity.
History.--ss. 8, 17, ch. 79-200; ss. 2, 3, ch. 81-318; ss. 9, 20, 21, ch.
88-156; s. 4, ch. 91-429; s. 2, ch. 92-55; s. 61, ch. 92-149; s. 3, ch.
93-154; s. 12, ch. 93-166; s. 262, ch. 94-119; s. 483, ch. 97-103; s. 22, ch.
98-287; s. 1, ch. 99-254; s. 5, ch. 2003-257.
489.118 Certification of registered contractors; grandfathering
provisions.--The board shall, upon receipt of a completed application and
appropriate fee, issue a certificate in the appropriate category to any
contractor registered under this part who makes application to the board and
can show that he or she meets each of the following requirements:
(1) Currently holds a valid registered local license in one of the contractor
categories defined in s. 489.105(3)(a)-(p).
(2) Has, for that category, passed a written examination that the board finds
to be substantially similar to the examination required to be licensed as a
certified contractor under this part. For purposes of this subsection, a
written, proctored examination such as that produced by the National
Assessment Institute, Block and Associates, NAI/Block, Experior Assessments,
Professional Testing, Inc., or Assessment Systems, Inc., shall be considered
to be substantially similar to the examination required to be licensed as a
certified contractor. The board may not impose or make any requirements
regarding the nature or content of these cited examinations.
(3) Has at least 5 years of experience as a contractor in that contracting
category, or as an inspector or building administrator with oversight over
that category, at the time of application. For contractors, only time periods
in which the contractor license is active and the contractor is not on
probation shall count toward the 5 years required by this subsection.
(4) Has not had his or her contractor's license revoked at any time, had his
or her contractor's license suspended within the last 5 years, or been
assessed a fine in excess of $500 within the last 5 years.
(5) Is in compliance with the insurance and financial responsibility
requirements in s. 489.115(5).
Applicants wishing to obtain a certificate pursuant to this section must make
application by November 1, 2005.
History.--s. 3, ch. 99-254; s. 34, ch. 2000-372; s. 48, ch. 2002-402; s. 15,
ch. 2004-6; s. 2, ch. 2005-227.
489.119 Business organizations; qualifying agents.--
(1) If an individual proposes to engage in contracting in the individual's
own name, or a fictitious name where the individual is doing business as a
sole proprietorship, registration or certification may be issued only to that
individual.
(2) If the applicant proposes to engage in contracting as a business
organization, including any partnership, corporation, business trust, or other
legal entity, or in any name other than the applicant's legal name or a
fictitious name where the applicant is doing business as a sole
proprietorship, the business organization must apply for a certificate of
authority through a qualifying agent and under the fictitious name, if any.
(a) The application for a certificate of authority must state the name of the
partnership and of its partners; the name of the corporation and of its
officers and directors and the name of each of its stockholders who is also an
officer or director; the name of the business trust and its trustees; or the
name of such other legal entity and its members; and must state the fictitious
name, if any, under which the business organization is doing business.
1. The application for primary qualifying agent must include an affidavit on
a form provided by the board attesting that the applicant has final approval
authority for all construction work performed by the entity and that the
applicant has final approval authority on all business matters, including
contracts, specifications, checks, drafts, or payments, regardless of the form
of payment, made by the entity, except where a financially responsible officer
is approved.
2. The application for financially responsible officer must include an
affidavit on a form provided by the board attesting that the applicant's
approval is required for all checks, drafts, or payments, regardless of the
form of payment, made by the entity and that the applicant has authority to
act for the business organization in all financial matters.
3. The application for secondary qualifying agent must include an affidavit
on a form provided by the board attesting that the applicant has authority to
supervise all construction work performed by the entity as provided in s.
489.1195(2).
(b) The applicant must furnish evidence of statutory compliance if a
fictitious name is used, the provisions of s. 865.09(7) notwithstanding.
(c) A joint venture, including a joint venture composed of qualified business
organizations, is itself a separate and distinct organization that must be
qualified and obtain a certificate of authority in accordance with board
rules.
(d) A certificate of authority must be renewed every 2 years. If there is a
change in any information that is required to be stated on the application,
the business organization shall, within 45 days after such change occurs, mail
the correct information to the department.
(3)(a) The qualifying agent shall be certified or registered under this part
in order for the business organization to be issued a certificate of authority
in the category of the business conducted for which the qualifying agent is
certified or registered. If any qualifying agent ceases to be affiliated with
such business organization, he or she shall so inform the department. In
addition, if such qualifying agent is the only certified or registered
contractor affiliated with the business organization, the business
organization shall notify the department of the termination of the qualifying
agent and shall have 60 days from the termination of the qualifying agent's
affiliation with the business organization in which to employ another
qualifying agent. The business organization may not engage in contracting
until a qualifying agent is employed, unless the executive director or chair
of the board has granted a temporary nonrenewable certificate or registration
to the financially responsible officer, the president, a partner, or, in the
case of a limited partnership, the general partner, who assumes all
responsibilities of a primary qualifying agent for the entity. This temporary
certificate or registration shall only allow the entity to proceed with
incomplete contracts. For the purposes of this paragraph, an incomplete
contract is one which has been awarded to, or entered into by, the business
organization prior to the cessation of affiliation of the qualifying agent
with the business organization or one on which the business organization was
the low bidder and the contract is subsequently awarded, regardless of whether
any actual work has commenced under the contract prior to the qualifying agent
ceasing to be affiliated with the business organization.
(b) The qualifying agent shall inform the department in writing when he or
she proposes to engage in contracting in his or her own name or in affiliation
with another business organization, and he or she or such new business
organization shall supply the same information to the department as required
of applicants under this part.
(c) Upon a favorable determination by the board, after investigation of the
financial responsibility, credit, and business reputation of the qualifying
agent and the new business organization, the department shall issue, without
an examination, a new certificate of authority in the business organization's
name.
(4) Disciplinary action against a business organization holding a certificate
of authority shall be administered in the same manner and on the same grounds
as disciplinary action against a contractor. The board may deny the
certification of any person cited in subsection (2) if the person has been
involved in past disciplinary actions or on any grounds for which individual
certification can be denied.
(5) When a certified qualifying agent, on behalf of a business organization,
makes application for an occupational license in any municipality or county of
this state, the application shall be made with the tax collector in the name
of the business organization and the qualifying agent; and the license, when
issued, shall be issued to the business organization, upon payment of the
appropriate licensing fee and exhibition to the tax collector of a valid
certificate for the qualifying agent and a valid certificate of authority for
the business organization issued by the department, and the state license
numbers shall be noted thereon.
(6)(a) Each registered or certified contractor shall affix the number of his
or her registration or certification to each application for a building permit
and on each building permit issued and recorded. Each city or county building
department shall require, as a precondition for the issuance of the building
permit, that the contractor taking out the permit must provide verification
giving his or her Construction Industry Licensing Board registration or
certification number.
(b) The registration or certification number of each contractor or
certificate of authority number for each business organization shall appear in
each offer of services, business proposal, bid, contract, or advertisement,
regardless of medium, as defined by board rule, used by that contractor or
business organization in the practice of contracting.
(c) If a vehicle bears the name of a contractor or business organization, or
any text or artwork which would lead a reasonable person to believe that the
vehicle is used for contracting, the registration or certification number of
the contractor or certificate of authority number of the business organization
must be conspicuously and legibly displayed with the name, text, or artwork.
Local governments may also require that locally licensed contractors must also
display their certificate of competency or license numbers. Nothing in this
paragraph shall be construed to create a mandatory vehicle signage
requirement.
(d) For the purposes of this part, the term "advertisement" does not include
business stationery or any promotional novelties such as balloons, pencils,
trinkets, or articles of clothing.
(e) The board shall issue a notice of noncompliance for the first offense,
and may assess a fine or issue a citation for failure to correct the offense
within 30 days or for any subsequent offense, to any contractor or business
organization that fails to include the certification, registration, or
certificate of authority number as required by this part when submitting an
advertisement for publication, broadcast, or printing or fails to display the
certification, registration, or certificate of authority number as required by
this part.
(7) Each qualifying agent shall pay the department an amount equal to the
original fee for a certificate of authority of a new business organization. If
the qualifying agent for a business organization desires to qualify additional
business organizations, the board shall require him or her to present evidence
of ability and financial responsibility of each such organization. The
issuance of such certificate of authority is discretionary with the board.
(8)(a) A business organization proposing to engage in contracting is not
required to apply for or obtain authorization under this part to engage in
contracting if:
1. The business organization employs one or more registered or certified
contractors licensed in accordance with this part who are responsible for
obtaining permits and supervising all of the business organization's
contracting activities;
2. The business organization engages only in contracting on property owned by
the business organization or by its parent, subsidiary, or affiliated
entities; and
3. The business organization, or its parent entity if the business
organization is a wholly owned subsidiary, maintains a minimum net worth of
$20 million.
(b) Any business organization engaging in contracting under this subsection
shall provide the board with the name and license number of each registered or
certified contractor employed by the business organization to supervise its
contracting activities. The business organization is not required to post a
bond or otherwise evidence any financial or credit information except as
necessary to demonstrate compliance with paragraph (a).
(c) A registered or certified contractor employed by a business organization
to supervise its contracting activities under this subsection shall not be
required to post a bond or otherwise evidence any personal financial or credit
information so long as the individual performs contracting activities
exclusively on behalf of a business organization meeting all of the
requirements of paragraph (a).
History.--ss. 9, 17, ch. 79-200; ss. 2, 3, ch. 81-318; ss. 29, 49, ch. 82-179;
s. 6, ch. 83-160; s. 86, ch. 83-329; s. 2, ch. 84-322; ss. 10, 20, 21, ch.
88-156; s. 23, ch. 90-109; s. 37, ch. 91-137; s. 4, ch. 91-429; s. 3, ch.
92-55; s. 67, ch. 92-149; s. 13, ch. 93-166; s. 1, ch. 93-239; s. 263, ch.
94-119; s. 5, ch. 96-298; s. 73, ch. 96-388; s. 1127, ch. 97-103; s. 9, ch.
97-228; s. 30, ch. 98-419; s. 6, ch. 2003-257.
489.1195 Responsibilities.--
(1) A qualifying agent is a primary qualifying agent unless he or she is a
secondary qualifying agent under this section.
(a) All primary qualifying agents for a business organization are jointly and
equally responsible for supervision of all operations of the business
organization; for all field work at all sites; and for financial matters, both
for the organization in general and for each specific job.
(b) Upon approval by the board, a business entity may designate a financially
responsible officer for purposes of certification or registration. A
financially responsible officer shall be responsible for all financial aspects
of the business organization and may not be designated as the primary
qualifying agent. The designated financially responsible officer shall furnish
evidence of the financial responsibility, credit, and business reputation of
either himself or herself, or the business organization he or she desires to
qualify, as determined appropriate by the board.
(c) Where a business organization has a certified or registered financially
responsible officer, the primary qualifying agent shall be responsible for all
construction activities of the business organization, both in general and for
each specific job.
(d) The board shall adopt rules prescribing the qualifications for
financially responsible officers, including net worth, cash, and bonding
requirements. These qualifications must be at least as extensive as the
requirements for the financial responsibility of qualifying agents.
(2)(a) One of the qualifying agents for a business organization that has more
than one qualifying agent may be designated as the sole primary qualifying
agent for the business organization by a joint agreement that is executed, on
a form provided by the board, by all qualifying agents for the business
organization.
(b) The joint agreement must be submitted to the board for approval. If the
board determines that the joint agreement is in good order, it shall approve
the designation and immediately notify the qualifying agents of such approval.
The designation made by the joint agreement is effective upon receipt of the
notice by the qualifying agents.
(c) The qualifying agent designated for a business organization by a joint
agreement is the sole primary qualifying agent for the business organization,
and all other qualifying agents for the business organization are secondary
qualifying agents.
(d) A designated sole primary qualifying agent has all the responsibilities
and duties of a primary qualifying agent, notwithstanding that there are
secondary qualifying agents for specified jobs. The designated sole primary
qualifying agent is jointly and equally responsible with secondary qualifying
agents for field work supervision.
(e) A secondary qualifying agent is responsible only for:
1. The supervision of field work at sites where his or her license was used
to obtain the building permit; and
2. Any other work for which he or she accepts responsibility.
A secondary qualifying agent is not responsible for supervision of financial
matters.
(3)(a) A qualifying agent who has been designated by a joint agreement as the
sole primary qualifying agent for a business organization may terminate this
status as such by giving actual notice to the business organization, to the
board, and to all secondary qualifying agents of his or her intention to
terminate this status. The notice to the board must include proof satisfactory
to the board that he or she has given the notice required in this paragraph.
(b) The status of the qualifying agent shall cease upon the designation of a
new primary qualifying agent or 60 days after satisfactory notice of
termination has been provided to the board, whichever first occurs.
(c) If no new primary qualifying agent has been designated within 60 days,
all secondary qualifying agents for the business organization shall become
primary qualifying agents unless the joint agreement specifies that one or
more of them shall become sole qualifying agents under such circumstances, in
which case only they shall become sole qualifying agents.
(d) Any change in the status of a qualifying agent is prospective only. A
qualifying agent is not responsible for his or her predecessor's actions but
is responsible, even after a change in status, for matters for which he or she
was responsible while in a particular status.
History.--ss. 11, 21, ch. 88-156; s. 4, ch. 91-429; s. 14, ch. 93-166; s. 484,
ch. 97-103; s. 11, ch. 97-228; s. 4, ch. 98-116; s. 27, ch. 99-7.
489.121 Emergency registration upon death of contractor.--If an incomplete
contract exists at the time of death of a contractor, the contract may be
completed by any person even though not certified or registered. Such person
shall notify the board, within 30 days after the death of the contractor, of
his or her name and address, knowledge of the contract, and ability to
complete it. If the board approves, he or she may proceed with the contract.
For purposes of this section, an incomplete contract is one which has been
awarded to, or entered into by, the contractor before his or her death, or on
which he or she was the low bidder and the contract is subsequently awarded to
him or her, regardless of whether any actual work has commenced under the
contract before the contractor's death.
History.--ss. 10, 17, ch. 79-200; ss. 2, 3, ch. 81-318; ss. 12, 20, 21, ch.
88-156; s. 4, ch. 91-429; s. 485, ch. 97-103.
489.124 Business records requirements; address of record; service.--
(1) All contractors who are registered or certified pursuant to this chapter
shall maintain complete financial and business records for the immediately
preceding 3 years. The business and financial records to be maintained shall
include minutes of corporate meetings, business contacts, telephone records,
insurance policies, letters of complaint, notices received from government
entities, bank statements, canceled checks, records of accounts receivable and
payable, financial statements, loan documents, tax returns, and all other
business and financial records the contractor maintains in the regular course
of business.
(2) Each certificateholder or registrant of the department shall be solely
responsible for notifying the department in writing of the certificateholder's
or registrant's current mailing address and phone number. If the mailing
address is not the certificateholder's or registrant's physical address, the
certificateholder or registrant shall also supply the physical address.
(a) A certificateholder's or registrant's failure to notify the department of
a change of address or phone number shall constitute a violation of this
section.
(b) The certificateholder or registrant shall be responsible for retaining
proof that the certificateholder or registrant has notified the department of
the certificateholder's or registrant's current address of record.
(3) Notwithstanding any other provision of law, service by regular mail to a
certificateholder's or registrant's address of record shall constitute
adequate and sufficient notice to the certificateholder or registrant for any
official communication to the certificateholder or registrant by the board or
the department, except when other service is required pursuant to the
provisions of s. 455.224 or s. 455.225.
History.--s. 62, ch. 92-149; s. 15, ch. 93-166.
489.125 Prequalification of certificateholders.--Any person holding a
certificate shall be prequalified to bid by a district school board pursuant
to uniform prequalification of contractors criteria adopted by rule of the
State Board of Education. This section does not supersede any small,
woman-owned or minority-owned business enterprise preference program adopted
by a district school board. A district school board may not modify or
supplement the uniform prequalification criteria adopted by rule. A person
holding a certificate must apply to each board for prequalification
consideration.
History.--ss. 10, 17, ch. 79-200; ss. 2, 3, ch. 81-318; ss. 20, 21, ch.
88-156; s. 4, ch. 91-429; s. 21, ch. 94-292; s. 2, ch. 98-35; s. 18, ch.
2004-41.
489.126 Moneys received by contractors.--
(1) For purposes of this section, the term "contractor" includes all
definitions as set forth in s. 489.105(3), and any person performing or
contracting or promising to perform work described therein, without regard to
the licensure of the person.
(2) A contractor who receives, as initial payment, money totaling more than
10 percent of the contract price for repair, restoration, improvement, or
construction to residential real property must:
(a) Apply for permits necessary to do work within 30 days after the date
payment is made, except where the work does not require a permit under the
applicable codes and ordinances, and
(b) Start the work within 90 days after the date all necessary permits for
work, if any, are issued,
unless the person who made the payment agreed, in writing, to a longer period
to apply for the necessary permits or start the work or to longer periods for
both.
(3)(a) A contractor who receives money for repair, restoration, addition,
improvement, or construction of residential real property in excess of the
value of the work performed shall not, with intent to defraud the owner, fail
or refuse to perform any work for any 90-day period.
(b) Proof that a contractor received money for the repair, restoration,
addition, improvement, or construction of residential real property and that
the amount received exceeds the value of the work performed by the contractor
and that:
1. The contractor failed to perform any of the work for which he or she
contracted during any 60-day period;
2. The failure to perform any such work during the 60-day period was not
related to the owner's termination of the contract or a material breach of the
contract by the owner; and
3. The contractor failed, for an additional 30-day period after the date of
mailing of notification as specified in paragraph (c), to perform any work for
which he or she contracted,
gives rise to an inference that the money in excess of the value of the work
performed was taken with the intent to defraud.
(c) Notification as contemplated in paragraph (b) consists of a certified
letter, return receipt requested, mailed to the address of the contractor as
listed in the written contracting agreement. The letter must indicate that the
contractor has failed to perform any work for a 60-day period, that the
failure to perform the work was not the result of the owner's termination of
the contract or a material breach of the contract by the owner, and that the
contractor must recommence construction within 30 days after the date of
mailing of the letter. If there is no address for the contractor listed in the
written contracting agreement, or no written agreement exists, the letter must
be mailed to the address of the contractor listed in the building permit
application.
(4) Any person who violates any provision of this section is guilty of theft
and shall be prosecuted and punished under s. 812.014.
History.--s. 1, ch. 94-110; s. 840, ch. 95-148; s. 2, ch. 95-240; s. 7, ch.
96-298; s. 73, ch. 96-388.
Note.--Former s. 252.361.
489.127 Prohibitions; penalties.--
(1) No person shall:
(a) Falsely hold himself or herself or a business organization out as a
licensee, certificateholder, or registrant;
(b) Falsely impersonate a certificateholder or registrant;
(c) Present as his or her own the certificate, registration, or certificate
of authority of another;
(d) Knowingly give false or forged evidence to the board or a member thereof;
(e) Use or attempt to use a certificate, registration, or certificate of
authority which has been suspended or revoked;
(f) Engage in the business or act in the capacity of a contractor or
advertise himself or herself or a business organization as available to engage
in the business or act in the capacity of a contractor without being duly
registered or certified or having a certificate of authority;
(g) Operate a business organization engaged in contracting after 60 days
following the termination of its only qualifying agent without designating
another primary qualifying agent, except as provided in ss. 489.119 and
489.1195;
(h) Commence or perform work for which a building permit is required pursuant
to 1part VII of chapter 553 without such building permit being in effect; or
(i) Willfully or deliberately disregard or violate any municipal or county
ordinance relating to uncertified or unregistered contractors.
For purposes of this subsection, a person or business organization operating
on an inactive or suspended certificate, registration, or certificate of
authority is not duly certified or registered and is considered unlicensed. A
business tax receipt issued under the authority of chapter 205 is not a
license for purposes of this part.
(2)(a) Any unlicensed person who violates any of the provisions of subsection
(1) commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(b) Any unlicensed person who commits a violation of subsection (1) after
having been previously found guilty of such violation commits a felony of the
third degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any unlicensed person who commits a violation of subsection (1) during
the existence of a state of emergency declared by executive order of the
Governor commits a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083.
(d) Any person who operates as a pollutant storage systems contractor,
precision tank tester, or internal pollutant storage tank lining applicator in
violation of subsection (1) commits a felony of the third degree, punishable
as provided in s. 775.082 or s. 775.083.
The remedies set forth in this subsection are not exclusive and may be imposed
in addition to the remedies set forth in s. 489.129(2).
(3) The department may issue a stop-work order for all unlicensed work on a
project upon finding probable cause to believe that construction work which
requires certification or registration is being performed without a current,
valid certificate or registration. Stop-work orders may be enforced using any
cease and desist or other related action by the department as set forth in s.
455.228.
(4)(a) A certified or registered contractor, or contractor authorized by a
local construction regulation board to do contracting, may not enter into an
agreement, oral or written, whereby his or her certification number or
registration number is used, or to be used, by a person who is not certified
or registered as provided for in this chapter, or used, or to be used, by a
business organization that is not duly qualified as provided for in this
chapter to engage in the business, or act in the capacity, of a contractor.
(b) A certified or registered contractor, or contractor authorized by a local
construction regulation board to do contracting, may not knowingly allow his
or her certification number or registration number to be used by a person who
is not certified or registered as provided for in this chapter, or used by a
business organization that is not qualified as provided for in this chapter to
engage in the business, or act in the capacity of, a contractor.
(c) A certified or registered contractor, or contractor authorized by a local
construction regulation board to do contracting, may not apply for or obtain a
building permit for construction work unless the certified or registered
contractor, or contractor authorized by a local construction regulation board
to do contracting, or business organization duly qualified by said contractor,
has entered into a contract to make improvements to, or perform the
contracting at, the real property specified in the application or permit. This
paragraph does not prohibit a contractor from applying for or obtaining a
building permit to allow the contractor to perform work for another person
without compensation or to perform work on property that is owned by the
contractor.
(d)1. A person who violates this subsection commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
2. A person who violates this subsection after having been previously found
guilty of such violation commits a felony of the third degree, punishable as
provided in s. 775.082 or s. 775.083.
(5) Each county or municipality may, at its option, designate one or more of
its code enforcement officers, as defined in chapter 162, to enforce, as set
out in this subsection, the provisions of subsection (1) and s. 489.132(1)
against persons who engage in activity for which a county or municipal
certificate of competency or license or state certification or registration is
required.
(a) A code enforcement officer designated pursuant to this subsection may
issue a citation for any violation of subsection (1) or s. 489.132(1)
whenever, based upon personal investigation, the code enforcement officer has
reasonable and probable grounds to believe that such a violation has occurred.
(b) A citation issued by a code enforcement officer shall be in a form
prescribed by the local governing body of the county or municipality and shall
state:
1. The time and date of issuance.
2. The name and address of the person to whom the citation is issued.
3. The time and date of the violation.
4. A brief description of the violation and the facts constituting reasonable
cause.
5. The name of the code enforcement officer.
6. The procedure for the person to follow in order to pay the civil penalty
or to contest the citation.
7. The applicable civil penalty if the person elects not to contest the
citation.
(c) The local governing body of the county or municipality is authorized to
enforce codes and ordinances against unlicensed contractors under the
provisions of this subsection and may enact an ordinance establishing
procedures for implementing this subsection, including a schedule of penalties
to be assessed by the code enforcement officer. The maximum civil penalty
which may be levied shall not exceed $500. Moneys collected pursuant to this
subsection shall be retained locally, as provided for by local ordinance, and
may be set aside in a specific fund to support future enforcement activities
against unlicensed contractors.
(d) The act for which the citation is issued shall be ceased upon receipt of
the citation; and the person charged with the violation shall elect either to
correct the violation and pay the civil penalty in the manner indicated on the
citation or, within 10 days of receipt of the citation, exclusive of weekends
and legal holidays, request an administrative hearing before the enforcement
or licensing board or designated special magistrate to appeal the issuance of
the citation by the code enforcement officer.
1. Hearings shall be held before an enforcement or licensing board or
designated special magistrate as established by s. 162.03(2), and such
hearings shall be conducted pursuant to the requirements of ss. 162.07 and
162.08.
2. Failure of a violator to appeal the decision of the code enforcement
officer within the time period set forth in this paragraph shall constitute a
waiver of the violator's right to an administrative hearing. A waiver of the
right to an administrative hearing shall be deemed an admission of the
violation, and penalties may be imposed accordingly.
3. If the person issued the citation, or his or her designated
representative, shows that the citation is invalid or that the violation has
been corrected prior to appearing before the enforcement or licensing board or
designated special magistrate, the enforcement or licensing board or
designated special magistrate may dismiss the citation unless the violation is
irreparable or irreversible.
4. Each day a willful, knowing violation continues shall constitute a
separate offense under the provisions of this subsection.
(e) A person cited for a violation pursuant to this subsection is deemed to
be charged with a noncriminal infraction.
(f) If the enforcement or licensing board or designated special magistrate
finds that a violation exists, the enforcement or licensing board or
designated special magistrate may order the violator to pay a civil penalty of
not less than the amount set forth on the citation but not more than $1,000
per day for each violation. In determining the amount of the penalty, the
enforcement or licensing board or designated special magistrate shall consider
the following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
(g) Upon written notification by the code enforcement officer that a violator
had not contested the citation or paid the civil penalty within the timeframe
allowed on the citation, or if a violation has not been corrected within the
timeframe set forth on the notice of violation, the enforcement or licensing
board or the designated special magistrate shall enter an order ordering the
violator to pay the civil penalty set forth on the citation or notice of
violation, and a hearing shall not be necessary for the issuance of such
order.
(h) A certified copy of an order imposing a civil penalty against an
uncertified contractor may be recorded in the public records and thereafter
shall constitute a lien against any real or personal property owned by the
violator. Upon petition to the circuit court, such order may be enforced in
the same manner as a court judgment by the sheriffs of this state, including a
levy against personal property; however, such order shall not be deemed to be
a court judgment except for enforcement purposes. A civil penalty imposed
pursuant to this part shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to foreclose on a lien
filed pursuant to this subsection, whichever occurs first. After 3 months from
the filing of any such lien which remains unpaid, the enforcement board or
licensing board or designated special magistrate may authorize the local
governing body's attorney to foreclose on the lien. No lien created pursuant
to the provisions of this part may be foreclosed on real property which is a
homestead under s. 4, Art. X of the State Constitution.
(i) This subsection does not authorize or permit a code enforcement officer
to perform any function or duty of a law enforcement officer other than a
function or duty that is authorized in this subsection.
(j) An aggrieved party, including the local governing body, may appeal a
final administrative order of an enforcement board or licensing board or
designated special magistrate to the circuit court. Such an appeal shall not
be a hearing de novo but shall be limited to appellate review of the record
created before the enforcement board or licensing board or designated special
magistrate. An appeal shall be filed within 30 days of the execution of the
order to be appealed.
(k) All notices required by this subsection shall be provided to the alleged
violator by certified mail, return receipt requested; by hand delivery by the
sheriff or other law enforcement officer or code enforcement officer; by
leaving the notice at the violator's usual place of residence with some person
of his or her family above 15 years of age and informing such person of the
contents of the notice; or by including a hearing date within the citation.
(l) For those counties which enact ordinances to implement this subsection
and which have local construction licensing boards or local government code
enforcement boards, the local construction licensing board or local government
code enforcement board shall be responsible for the administration of such
citation program and training of code enforcement officers. The local
governing body of the county shall enter into interlocal agreements with any
municipalities in the county so that such municipalities may, by ordinance,
resolution, policy, or administrative order, authorize individuals to enforce
the provisions of this subsection. Such individuals shall be subject to the
requirements of training as specified by the local construction licensing
board.
(m) Any person who willfully refuses to sign and accept a citation issued by
a code enforcement officer commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(n) Nothing contained in this subsection shall prohibit a county or
municipality from enforcing its codes or ordinances by any other means.
(o) Nothing in this subsection shall be construed to authorize local
jurisdictions to exercise disciplinary authority or procedures established in
this subsection against an individual holding a proper valid certificate
issued pursuant to this part.
(6) Local building departments may collect outstanding fines against
registered or certified contractors issued by the Construction Industry
Licensing Board and may retain 25 percent of the fines they are able to
collect, provided that they transmit 75 percent of the fines they are able to
collect to the department according to a procedure to be determined by the
department.
History.--ss. 13, 17, ch. 79-200; ss. 13, 15, 25, 30, 34, 58, 62, ch. 80-406;
s. 370, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 30, 31, ch. 86-159; s. 11, ch.
87-310; ss. 13, 20, 21, ch. 88-156; s. 3, ch. 89-343; s. 39, ch. 90-228; s.
38, ch. 91-137; s. 255, ch. 91-224; s. 4, ch. 91-429; s. 5, ch. 92-55; s. 69,
ch. 92-149; s. 16, ch. 93-166; s. 264, ch. 94-119; s. 3, ch. 95-240; s. 8, ch.
96-298; s. 73, ch. 96-388; s. 1128, ch. 97-103; s. 10, ch. 97-228; s. 23, ch.
98-287; s. 86, ch. 2004-11; s. 117, ch. 2007-5.
1Note.--The Florida Building Code is covered in part IV, ch. 553.
Note.--Subsection (4) former s. 489.1265.
489.128 Contracts entered into by unlicensed contractors unenforceable.--
(1) As a matter of public policy, contracts entered into on or after October
1, 1990, by an unlicensed contractor shall be unenforceable in law or in
equity by the unlicensed contractor.
(a) For purposes of this section, an individual is unlicensed if the
individual does not have a license required by this part concerning the scope
of the work to be performed under the contract. A business organization is
unlicensed if the business organization does not have a primary or secondary
qualifying agent in accordance with this part concerning the scope of the work
to be performed under the contract. For purposes of this section, if no state
or local license is required for the scope of work to be performed under the
contract, the individual performing that work shall not be considered
unlicensed.
(b) For purposes of this section, an individual or business organization may
not be considered unlicensed for failing to have a business tax receipt issued
under the authority of chapter 205. A business organization may not be
considered unlicensed for failing to have a certificate of authority as
required by ss. 489.119 and 489.127. For purposes of this section, a business
organization entering into the contract may not be considered unlicensed if,
before the date established by paragraph (c), an individual possessing a
license required by this part concerning the scope of the work to be performed
under the contract has submitted an application for a certificate of authority
designating that individual as a qualifying agent for the business
organization entering into the contract, and the application was not acted
upon by the department or applicable board within the time limitations imposed
by s. 120.60.
(c) For purposes of this section, a contractor shall be considered unlicensed
only if the contractor was unlicensed on the effective date of the original
contract for the work, if stated therein, or, if not stated, the date the last
party to the contract executed it, if stated therein. If the contract does not
establish such a date, the contractor shall be considered unlicensed only if
the contractor was unlicensed on the first date upon which the contractor
provided labor, services, or materials under the contract.
(2) Notwithstanding any other provision of law to the contrary, if a contract
is rendered unenforceable under this section, no lien or bond claim shall
exist in favor of the unlicensed contractor for any labor, services, or
materials provided under the contract or any amendment thereto.
(3) This section shall not affect the rights of parties other than the
unlicensed contractor to enforce contract, lien, or bond remedies. This
section shall not affect the obligations of a surety that has provided a bond
on behalf of an unlicensed contractor. It shall not be a defense to any claim
on a bond or indemnity agreement that the principal or indemnitor is
unlicensed for purposes of this section.
History.--s. 30, ch. 90-228; s. 11, ch. 91-201; s. 4, ch. 91-429; s. 17, ch.
93-166; s. 486, ch. 97-103; s. 35, ch. 2000-372; s. 1, ch. 2003-257; s. 2, ch.
2006-154; s. 118, ch. 2007-5.
489.129 Disciplinary proceedings.--
(1) The board may take any of the following actions against any
certificateholder or registrant: place on probation or reprimand the licensee,
revoke, suspend, or deny the issuance or renewal of the certificate,
registration, or certificate of authority, require financial restitution to a
consumer for financial harm directly related to a violation of a provision of
this part, impose an administrative fine not to exceed $10,000 per violation,
require continuing education, or assess costs associated with investigation
and prosecution, if the contractor, financially responsible officer, or
business organization for which the contractor is a primary qualifying agent,
a financially responsible officer, or a secondary qualifying agent responsible
under s. 489.1195 is found guilty of any of the following acts:
(a) Obtaining a certificate, registration, or certificate of authority by
fraud or misrepresentation.
(b) Being convicted or found guilty of, or entering a plea of nolo contendere
to, regardless of adjudication, a crime in any jurisdiction which directly
relates to the practice of contracting or the ability to practice contracting.
(c) Violating any provision of chapter 455.
(d) Performing any act which assists a person or entity in engaging in the
prohibited uncertified and unregistered practice of contracting, if the
certificateholder or registrant knows or has reasonable grounds to know that
the person or entity was uncertified and unregistered.
(e) Knowingly combining or conspiring with an uncertified or unregistered
person by allowing his or her certificate, registration, or certificate of
authority to be used by the uncertified or unregistered person with intent to
evade the provisions of this part. When a certificateholder or registrant
allows his or her certificate or registration to be used by one or more
business organizations without having any active participation in the
operations, management, or control of such business organizations, such act
constitutes prima facie evidence of an intent to evade the provisions of this
part.
(f) Acting in the capacity of a contractor under any certificate or
registration issued hereunder except in the name of the certificateholder or
registrant as set forth on the issued certificate or registration, or in
accordance with the personnel of the certificateholder or registrant as set
forth in the application for the certificate or registration, or as later
changed as provided in this part.
(g) Committing mismanagement or misconduct in the practice of contracting
that causes financial harm to a customer. Financial mismanagement or
misconduct occurs when:
1. Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's
job; the contractor has received funds from the customer to pay for the
supplies or services; and the contractor has not had the liens removed from
the property, by payment or by bond, within 75 days after the date of such
liens;
2. The contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price paid to the
contractor as of the time of abandonment, unless the contractor is entitled to
retain such funds under the terms of the contract or refunds the excess funds
within 30 days after the date the job is abandoned; or
3. The contractor's job has been completed, and it is shown that the customer
has had to pay more for the contracted job than the original contract price,
as adjusted for subsequent change orders, unless such increase in cost was the
result of circumstances beyond the control of the contractor, was the result
of circumstances caused by the customer, or was otherwise permitted by the
terms of the contract between the contractor and the customer.
(h) Being disciplined by any municipality or county for an act or violation
of this part.
(i) Failing in any material respect to comply with the provisions of this
part or violating a rule or lawful order of the board.
(j) Abandoning a construction project in which the contractor is engaged or
under contract as a contractor. A project may be presumed abandoned after 90
days if the contractor terminates the project without just cause or without
proper notification to the owner, including the reason for termination, or
fails to perform work without just cause for 90 consecutive days.
(k) Signing a statement with respect to a project or contract falsely
indicating that the work is bonded; falsely indicating that payment has been
made for all subcontracted work, labor, and materials which results in a
financial loss to the owner, purchaser, or contractor; or falsely indicating
that workers' compensation and public liability insurance are provided.
(l) Committing fraud or deceit in the practice of contracting.
(m) Committing incompetency or misconduct in the practice of contracting.
(n) Committing gross negligence, repeated negligence, or negligence resulting
in a significant danger to life or property.
(o) Proceeding on any job without obtaining applicable local building
department permits and inspections.
(p) Intimidating, threatening, coercing, or otherwise discouraging the
service of a notice to owner under part I of chapter 713 or a notice to
contractor under chapter 255 or part I of chapter 713.
(q) Failing to satisfy within a reasonable time, the terms of a civil
judgment obtained against the licensee, or the business organization qualified
by the licensee, relating to the practice of the licensee's profession.
For the purposes of this subsection, construction is considered to be
commenced when the contract is executed and the contractor has accepted funds
from the customer or lender. A contractor does not commit a violation of this
subsection when the contractor relies on a building code interpretation
rendered by a building official or person authorized by s. 553.80 to enforce
the building code, absent a finding of fraud or deceit in the practice of
contracting, or gross negligence, repeated negligence, or negligence resulting
in a significant danger to life or property on the part of the building
official, in a proceeding under chapter 120.
(2) If a registrant or certificateholder disciplined under subsection (1) is
a qualifying agent or financially responsible officer for a business
organization and the violation was performed in connection with a construction
project undertaken by that business organization, the board may impose an
additional administrative fine not to exceed $5,000 per violation against the
business organization or against any partner, officer, director, trustee, or
member if such person participated in the violation or knew or should have
known of the violation and failed to take reasonable corrective action.
(3) The board may specify by rule the acts or omissions which constitute
violations of this section.
(4) In recommending penalties in any proposed recommended final order, the
department shall follow the penalty guidelines established by the board by
rule. The department shall advise the administrative law judge of the
appropriate penalty, including mitigating and aggravating circumstances, and
the specific rule citation.
(5) The board may not reinstate the certification, registration, or
certificate of authority of, or cause a certificate, registration, or
certificate of authority to be issued to, a person who or business
organization which the board has determined is unqualified or whose
certificate, registration, or certificate of authority the board has suspended
until it is satisfied that such person or business organization has complied
with all the terms and conditions set forth in the final order and is capable
of competently engaging in the business of contracting.
(6)(a) The board may assess interest or penalties on all fines imposed under
this chapter against any person or business organization which has not paid
the imposed fine by the due date established by rule or final order. The
provisions of chapter 120 do not apply to such assessment. Interest rates to
be imposed shall be established by rule and shall not be usurious.
(b) Venue for all actions to enforce any fine levied by the board shall be in
Duval County. The board is authorized to enter into contracts with private
businesses or attorneys to collect such fines with payment for such
collections made on a contingent fee basis. All such contracts shall be
publicly advertised and competitively awarded based upon responses submitted
to a request for proposals developed by the board.
(7) The board shall not issue or renew a certificate, registration, or
certificate of authority to any person or business organization that has been
assessed a fine, interest, or costs associated with investigation and
prosecution, or has been ordered to pay restitution, until such fine,
interest, or costs associated with investigation and prosecution or
restitution are paid in full or until all terms and conditions of the final
order have been satisfied.
(8) If the board finds any certified or registered contractor guilty of a
violation, the board may, as part of its disciplinary action, require such
contractor to obtain continuing education in the areas of contracting affected
by such violation.
(9) Any person certified or registered pursuant to this part who has had his
or her license revoked shall not be eligible to be a partner, officer,
director, or trustee of a business organization defined by this section or be
employed in a managerial or supervisory capacity for a 5-year period. Such
person shall also be ineligible to reapply for certification or registration
under this part for a period of 5 years after the effective date of the
revocation.
(10) If a business organization or any of its partners, officers, directors,
trustees, or members is or has previously been fined for violating subsection
(2) or s. 489.132, the board may, on that basis alone, revoke, suspend, place
on probation, or deny issuance of a certificate or registration to a
qualifying agent or financially responsible officer of that business
organization.
(11)(a) Notwithstanding the provisions of chapters 120 and 455, upon receipt
of a legally sufficient consumer complaint alleging a violation of this part,
the department may provide by rule for binding arbitration between the
complainant and the certificateholder or registrant, provided the following
conditions exist:
1. There is evidence that the complainant has suffered or is likely to suffer
monetary damages resulting from the violation of this part;
2. The certificateholder or registrant does not have a history of repeated or
similar violations;
3. Reasonable grounds exist to believe that the public interest will be
better served by arbitration than by disciplinary action; and
4. The complainant and certificateholder or registrant have not previously
entered into private arbitration, and no civil court action based on the same
transaction has been filed.
(b) The certificateholder or registrant and the complainant may consent in
writing to binding arbitration within 15 days following notification of this
process by the department. The department may suspend all action in the matter
for 45 days when notice of consent to binding arbitration is received by the
department. If the arbitration process is successfully concluded within the
60-day period, the department may close the case file with a notation of the
disposition and the licensee's record shall reflect only that a complaint was
filed and resolved through arbitration.
(c) Where a complaint meets the criteria for arbitration set forth in
paragraph (a) and the damages at issue are less than $2,500, the department
shall refer the complaint for mandatory arbitration.
(d) The arbitrator's order shall become a final order of the board if not
challenged by the complainant or the certificateholder or registrant within 30
days after filing. The board's review of the arbitrator's order shall operate
in the manner of the review of recommended orders pursuant to s. 120.57(1) and
shall not be a de novo review.
(12) When an investigation of a contractor is undertaken, the department
shall promptly furnish to the contractor or the contractor's attorney a copy
of the complaint or document that resulted in the initiation of the
investigation. The department shall make the complaint and supporting
documents available to the contractor. The complaint or supporting documents
shall contain information regarding the specific facts that serve as the basis
for the complaint. The contractor may submit a written response to the
information contained in such complaint or document within 20 days after
service to the contractor of the complaint or document. The contractor's
written response shall be considered by the probable cause panel. The right to
respond does not prohibit the issuance of a summary emergency order if
necessary to protect the public. However, if the secretary, or the secretary's
designee, and the chair of the board or the chair of the probable cause panel
agree in writing that such notification would be detrimental to the
investigation, the department may withhold notification. The department may
conduct an investigation without notification to a contractor if the act under
investigation is a criminal offense.
History.--ss. 12, 17, ch. 79-200; s. 371, ch. 81-259; ss. 2, 3, ch. 81-318; s.
7, ch. 83-160; ss. 87, 119, ch. 83-329; s. 9, ch. 87-74; ss. 14, 20, 21, ch.
88-156; s. 13, ch. 89-162; s. 34, ch. 89-374; s. 24, ch. 90-109; s. 40, ch.
90-228; s. 39, ch. 91-137; s. 4, ch. 91-429; s. 63, ch. 92-149; s. 18, ch.
93-166; s. 9, ch. 96-298; s. 73, ch. 96-388; s. 226, ch. 96-410; s. 1129, ch.
97-103; s. 12, ch. 97-228; s. 146, ch. 98-166; s. 67, ch. 98-287; s. 9, ch.
98-419; s. 27, ch. 99-254; s. 205, ch. 2000-160; s. 3, ch. 2005-227.
489.13 Unlicensed contracting; notice of noncompliance; fine; authority to
issue or receive a building permit; web page.--
(1) Any person performing an activity requiring licensure under this part as
a construction contractor is guilty of unlicensed contracting if he or she
does not hold a valid active certificate or registration authorizing him or
her to perform such activity, regardless of whether he or she holds a local
construction contractor license or local certificate of competency. Persons
working outside the geographical scope of their registration are guilty of
unlicensed activity for purposes of this part.
(2) For a first offense, any person who holds a state or local construction
license and is found guilty of unlicensed contracting under this section shall
be issued a notice of noncompliance pursuant to s. 489.131(7).
(3) Notwithstanding s. 455.228, the department may impose an administrative
fine of up to $10,000 on any unlicensed person guilty of unlicensed
contracting. In addition, the department may assess reasonable investigative
and legal costs for prosecution of the violation against the unlicensed
contractor. The department may waive up to one-half of any fine imposed if the
unlicensed contractor complies with certification or registration within 1
year after imposition of the fine under this subsection.
(4)(a) Any fines collected under this section shall be first used to cover
the investigative and legal costs of prosecution.
(b) Any local governing body that forwards information relating to any person
who is an unlicensed contractor shall collect 30 percent of the fine
collected, after deduction of the investigative and legal costs of
prosecution.
(c) The balance of any fines collected under this section shall be used to
maintain the department's unlicensed contractor website page, as specified in
subsection (6), and to fund the Florida Homeowners' Construction Recovery
Fund. Nothing in this paragraph shall be construed to permit recovery from the
Construction Industries Recovery Fund if the contractor is unlicensed.
(5) A local building department shall not issue a building permit to any
contractor, or to any person representing himself or herself as a contractor,
who does not hold a valid active certificate or registration in the
appropriate category. Possession of a local certificate of competency or local
construction license is not sufficient to lawfully obtain a building permit as
a construction contractor if the activity in question requires licensure under
this part. Nothing in this section shall be construed as prohibiting a local
building department from issuing a building permit to a locally licensed or
certified contractor for an activity that does not require licensure under
this part.
(6) The department shall create a web page, accessible through its Internet
website, dedicated solely to listing any known information concerning
unlicensed contractors. The information shall be provided in such a way that
any person with computer online capabilities can access information concerning
unlicensed contractors by name or by county. The department shall recognize
that persons found guilty of unlicensed contracting do not have the same
rights and privileges as licensees, and the department shall not restrict the
quality or quantity of information on the web page required by this
subsection, unless otherwise required by law.
(7) The remedies set forth in this section are not exclusive and may be
imposed in addition to the remedies set forth in s. 489.127(2). In addition,
nothing in this section is intended to prohibit the department or any local
governing body from filing a civil action or seeking criminal penalties
against an unlicensed contractor.
History.--s. 22, ch. 99-254; s. 1, ch. 2001-211; s. 9, ch. 2004-84.
489.131 Applicability.--
(1) This part applies to all contractors, including, but not limited to,
those performing work for the state or any county or municipality. Officers of
the state or any county or municipality shall determine compliance with this
part before awarding any contract for construction, improvement, remodeling,
or repair.
(2) The state or any county or municipality shall require that bids submitted
for construction, improvement, remodeling, or repair on public projects be
accompanied by evidence that the bidder holds an appropriate certificate or
registration, unless the work to be performed is exempt under s. 489.103.
(3) Nothing in this part limits the power of a municipality or county:
(a) To regulate the quality and character of work performed by contractors
through a system of permits, fees, and inspections which is designed to secure
compliance with and aid in the implementation of state and local building
laws.
(b) To enforce other laws for the protection of the public health and safety.
(c) To collect business taxes, subject to s. 205.065, and inspection fees for
engaging in contracting or examination fees from persons who are registered
with the board pursuant to local examination requirements and issue business
tax receipts. However, nothing in this part shall be construed to require
general contractors, building contractors, or residential contractors to
obtain additional business tax receipts for specialty work when such specialty
work is performed by employees of such contractors on projects for which they
have substantially full responsibility and such contractors do not hold
themselves out to the public as being specialty contractors.
(d) To adopt any system of permits requiring submission to and approval by
the municipality or county of plans and specifications for work to be
performed by contractors before commencement of the work.
(e) To require one bond for each contractor in an amount not to exceed
$5,000, which bond shall be conditioned only upon compliance with the Florida
Building Code adopted pursuant to s. 553.73. Any such bond must be equally
available to all contractors without regard to the period of time a contractor
has been certified or registered and without regard to any financial
responsibility requirements. Any such bonds shall be payable to the Florida
Homeowners' Construction Recovery Fund and filed in each county or
municipality in which a building permit is requested. Bond reciprocity shall
be granted statewide. All such bonds shall be included in meeting any
financial responsibility requirements imposed by any statute or rule. Any
contractor who provides a third party insured warranty policy in connection
with a new building or structure for the benefit of the purchaser or owner
shall be exempt from the bond requirements under this subsection with respect
to such building or structure.
(f) To refuse to issue permits or issue permits with specific conditions to a
contractor who has committed multiple violations, when he or she has been
disciplined for each of them by the board and when each disciplinary action
has involved revocation or suspension of a license, imposition of an
administrative fine of at least $1,000, or probation; or to issue permits with
specific conditions to a contractor who, within the previous 12 months, has
had disciplinary action other than a citation or letter of guidance taken
against him or her by the department or by a local board or agency which
licenses contractors and has reported the action pursuant to paragraph (6)(c),
for engaging in the business or acting in the capacity of a contractor without
a license. However, this subsection does not supersede the provisions of s.
489.113(4), and no county or municipality may require any certificateholder to
obtain a local professional license or pay a local professional license fee as
a condition of performing any services within the scope of the
certificateholder's statewide license as established under this part.
(4) Nothing in this part shall be construed to waive any requirement of any
ordinance or resolution existing on October 1, 1979, of a board of county
commissioners regulating the type of work required to be performed by a
specialty contractor.
(5) Any official authorized to issue building or other related permits shall,
before issuing a permit, ascertain that the applicant contractor is certified
or is registered in the area where the construction is to take place.
(6)(a) No municipality or county may require the holder of a certificate
issued pursuant to this part to sit for examination to operate within the
scope of such certificate.
(b) To engage in contracting in the territorial area, an applicant shall also
be registered with the board, as required by s. 489.117.
(c) Each local board or agency that licenses contractors must transmit
quarterly to the board a report of any disciplinary action taken against
contractors and of any administrative or disciplinary action taken against
unlicensed persons for engaging in the business or acting in the capacity of a
contractor including any cease and desist orders issued pursuant to s.
489.113(2)(b) and any fine issued pursuant to s. 489.127(5).
(7)(a) It is the policy of the state that the purpose of regulation is to
protect the public by attaining compliance with the policies established in
law. Fines and other penalties are provided in order to ensure compliance;
however, the collection of fines and the imposition of penalties are intended
to be secondary to the primary goal of attaining compliance with state laws
and local jurisdiction ordinances. It is the intent of the Legislature that a
local jurisdiction agency charged with enforcing regulatory laws shall issue a
notice of noncompliance as its first response to a minor violation of a
regulatory law in any instance in which it is reasonable to assume that the
violator was unaware of such a law or unclear as to how to comply with it. A
violation of a regulatory law is a "minor violation" if it does not result in
economic or physical harm to a person or adversely affect the public health,
safety, or welfare or create a significant threat of such harm. A "notice of
noncompliance" is a notification by the local jurisdiction agency charged with
enforcing the ordinance, which is issued to the licensee that is subject to
the ordinance. A notice of noncompliance should not be accompanied with a fine
or other disciplinary penalty. It should identify the specific ordinance that
is being violated, provide information on how to comply with the ordinance,
and specify a reasonable time for the violator to comply with the ordinance.
Failure of a licensee to take action correcting the violation within a set
period of time would then result in the institution of further disciplinary
proceedings.
(b) The local governing body of a county or municipality, or its local
enforcement body, is authorized to enforce the provisions of this part as well
as its local ordinances against locally licensed or registered contractors, as
appropriate. The local jurisdiction enforcement body may conduct disciplinary
proceedings against a locally licensed or registered contractor and may
require restitution, impose a suspension or revocation of his or her local
license, or a fine not to exceed $5,000, or a combination thereof, against the
locally licensed or registered contractor, according to ordinances which a
local jurisdiction may enact. In addition, the local jurisdiction may assess
reasonable investigative and legal costs for the prosecution of the violation
against the violator, according to such ordinances as the local jurisdiction
may enact.
(c) In addition to any action the local jurisdiction enforcement body may
take against the individual's local license, and any fine the local
jurisdiction may impose, the local jurisdiction enforcement body shall issue a
recommended penalty for board action. This recommended penalty may include a
recommendation for no further action, or a recommendation for suspension,
revocation, or restriction of the registration, or a fine to be levied by the
board, or a combination thereof. The local jurisdiction enforcement body shall
inform the disciplined contractor and the complainant of the local license
penalty imposed, the board penalty recommended, his or her rights to appeal,
and the consequences should he or she decide not to appeal. The local
jurisdiction enforcement body shall, upon having reached adjudication or
having accepted a plea of nolo contendere, immediately inform the board of its
action and the recommended board penalty.
(d) The department, the disciplined contractor, or the complainant may
challenge the local jurisdiction enforcement body's recommended penalty for
board action to the Construction Industry Licensing Board. A challenge shall
be filed within 60 days after the issuance of the recommended penalty to the
board. If challenged, there is a presumptive finding of probable cause and the
case may proceed without the need for a probable cause hearing.
(e) Failure of the department, the disciplined contractor, or the complainant
to challenge the local jurisdiction's recommended penalty within the time
period set forth in this subsection shall constitute a waiver of the right to
a hearing before the board. A waiver of the right to a hearing before the
board shall be deemed an admission of the violation, and the penalty
recommended shall become a final order according to procedures developed by
board rule without further board action. The disciplined contractor may appeal
this board action to the district court.
(f)1. The department may investigate any complaint which is made with the
department. However, the department may not initiate or pursue any complaint
against a registered contractor who is not also a certified contractor where a
local jurisdiction enforcement body has jurisdiction over the complaint,
unless summary procedures are initiated by the secretary pursuant to s.
455.225(8), or unless the local jurisdiction enforcement body has failed to
investigate and prosecute a complaint, or make a finding of no violation,
within 6 months of receiving the complaint. The department shall refer the
complaint to the local jurisdiction enforcement body for investigation, and if
appropriate, prosecution. However, the department may investigate such
complaints to the extent necessary to determine whether summary procedures
should be initiated.
2. Upon a recommendation by the department, the board may make conditional,
suspend, or rescind its determination of the adequacy of the local government
enforcement body's disciplinary procedures granted under s. 489.117(2).
(g) Nothing in this subsection shall be construed to allow local
jurisdictions to exercise disciplinary authority over certified contractors.
(8) A local enforcement board may petition the secretary of the department
for issuance of a summary order against a certificateholder or registrant for
any violation of this part.
(9) The right to create local boards in the future by any municipality or
county is preserved.
(10) No municipal or county government may issue any certificate of
competency or license for any contractor defined in s. 489.105(3)(a)-(o) after
July 1, 1993, unless such local government exercises disciplinary control and
oversight over such locally licensed contractors, including forwarding a
recommended order in each action to the board as provided in subsection (7).
Each local board that licenses and disciplines contractors must have at least
two consumer representatives on that board. If the board has seven or more
members, at least three of those members must be consumer representatives. The
consumer representative may be any resident of the local jurisdiction who is
not, and has never been, a member or practitioner of a profession regulated by
the board or a member of any closely related profession.
(11) Any municipal or county government which enters or has in place a
reciprocal agreement which accepts a certificate of competency or license
issued by another municipal or county government in lieu of its own
certificate of competency or license allowing contractors defined in s.
489.105(3)(a)-(o), shall file a certified copy of such agreement with the
board not later than 60 days after July 1, 1993, or 30 days after the
effective date of such agreement.
(12) Unless specifically provided, the provisions of this part shall not be
construed to create a civil cause of action.
History.--ss. 10, 17, ch. 79-200; s. 372, ch. 81-259; ss. 2, 3, ch. 81-318; s.
1, ch. 87-152; ss. 15, 20, 21, ch. 88-156; s. 30, ch. 89-289; s. 35, ch.
89-374; s. 40, ch. 91-137; s. 4, ch. 91-429; s. 6, ch. 92-55; ss. 64, 70, ch.
92-149; s. 19, ch. 93-166; s. 265, ch. 94-119; s. 4, ch. 95-240; s. 10, ch.
96-298; s. 73, ch. 96-388; s. 51, ch. 97-98; s. 1130, ch. 97-103; s. 13, ch.
97-228; s. 24, ch. 98-287; s. 10, ch. 98-419; s. 125, ch. 2000-141; s. 36, ch.
2000-154; s. 35, ch. 2001-186; s. 4, ch. 2001-372; s. 10, ch. 2004-84; s. 119,
ch. 2007-5.
489.132 Prohibited acts by unlicensed principals; investigation; hearing;
penalties.--
(1) No uncertified or unregistered person associated with a contracting firm
qualified by the licensee under this chapter shall:
(a) Conceal or cause to be concealed, or assist in concealing, from the
primary qualifying agent, any material activities or information about the
contracting firm;
(b) Exclude or facilitate the exclusion of any aspect of the contracting
firm's financial or other business activities from the primary qualifying
agent;
(c) Knowingly cause any part of the contracting firm's activities, financial
or otherwise, to be conducted without the primary qualifying agent's
supervision; or
(d) Assist or participate with any certificateholder or registrant in the
violation of any provision of this chapter.
(2) The department shall cause an investigation of any incident where it
appears that any uncertified or unregistered person associated with a
contracting firm is in violation of this section. When, after investigation,
the department finds there is probable cause to believe this section has been
violated, the department shall prepare and file an administrative complaint
which shall be served on the uncertified or unregistered person. The
department shall prosecute the complaint pursuant to chapter 120.
(3) Upon a finding of a violation of this section, the department is
authorized to impose a fine of not more than $5,000 and assess reasonable
investigative and legal costs for the prosecution of the violation against the
violator. Any such fine and assessments shall be paid within 30 days of the
filing of the final order with the department. In the event of an appeal, the
time for payment of any fine and assessments shall be stayed until a final
order is rendered upholding the department decision.
(4) In the event any fine and assessments imposed by the department are not
paid within the time provided for payment, the department may bring action as
provided in s. 489.129(6)(b) in the appropriate circuit court of the state for
enforcement of the final order, and the circuit court shall not rehear the
merit of those matters included in the final order of the department.
(5) The department may suspend, revoke, or deny issuance or renewal of a
certificate, registration, or certificate of authority for any individual or
business organization that associates a person as an officer, director, or
partner, or in a managerial or supervisory capacity, after such person has
been found under a final order to have violated this section or was an
officer, director, partner, trustee, or manager of a business organization
disciplined by the board by revocation, suspension, or fine in excess of
$2,500, upon finding reasonable cause that such person knew or reasonably
should have known of the conduct leading to the discipline.
History.--ss. 36, 41, ch. 89-374; s. 4, ch. 91-429; s. 20, ch. 93-166; s. 14,
ch. 97-228.
489.133 Pollutant storage systems specialty contractors; definitions;
certification; restrictions.--
(1) As used in this part:
(a) "Registered internal pollutant storage tank lining applicator" means any
person who has registered with the department pursuant to subsection (3). This
registration is exempt from the provisions of prior municipality, county, or
development district registration, as required under s. 489.117, and is on a
statewide basis.
(b) "Registered precision tank tester" means any person who has registered
with the department pursuant to subsection (2).
(2) The board shall adopt rules providing standards for registration of
precision tank testers who precision test a pollutant storage tank. The
Department of Environmental Protection shall approve the methodology,
procedures, and equipment used and shall approve the applicant as being
eligible for registration as a registered precision tank tester. A registered
precision tank tester is subject to the provisions of ss. 489.129 and 489.132
and is considered a contractor operating as a primary qualifying agent for the
business entity employing him or her, which is considered a contracting firm
for the purposes of ss. 489.129 and 489.132. A person who registers under this
subsection is exempt from municipal, county, or development district
registration under s. 489.117 and may operate as a precision tank tester
statewide.
(3) The board shall adopt rules providing standards for registration of
internal pollutant storage tank lining applicators who internally line
pollutant storage tanks as a method of upgrading or repairing pollutant
storage tanks to prevent discharge of pollutants. The Department of
Environmental Protection shall approve the methodology, procedures, and
equipment used and shall approve the applicant as being eligible for
registration as a registered internal pollutant storage tank lining
applicator. A registered internal pollutant storage tank lining applicator is
subject to the provisions of ss. 489.129 and 489.132, and shall be considered
a contractor operating as a primary qualifying agent for the business entity
employing him or her, which entity shall be considered a contracting firm for
the purposes of ss. 489.129 and 489.132.
(4) The board shall adopt rules providing standards for certification of
pollutant storage systems specialty contractors, including persons who remove
such systems. The board shall provide the proposed rules to the Department of
Environmental Protection for review and comment prior to adoption. The rules
shall include, but not be limited to:
(a) Standards for operating as a pollutant storage systems specialty
contractor.
(b) Requirements for certification as a pollutant storage systems specialty
contractor.
(c) Requirements for certification without examination of pollutant storage
systems specialty contractors for any person who has passed a local licensure
examination, a licensure examination in another state, or a licensure
examination of a national organization, which is at least as stringent as the
examination adopted by the board.
(5)(a) Notwithstanding any provision of this part to the contrary, no person
shall engage in contracting as a pollutant storage systems specialty
contractor unless such person is certified as a pollutant storage systems
specialty contractor pursuant to this part, nor shall any official authorized
to issue building or other related permits issue a permit or permits for the
installation or removal of a pollutant storage tank unless such official
ascertains that the applicant for such permit or permits is certified as a
pollutant storage systems specialty contractor.
(b) Any person installing a pollutant storage tank shall perform such
installation in accordance with the standards adopted pursuant to s. 376.303.
(6) Any person who operates as a pollutant storage systems specialty
contractor, precision tank tester, or internal pollutant storage tank lining
applicator in violation of this section or any person who violates subsection
(5) commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History.--ss. 16, 21, ch. 88-156; s. 37, ch. 89-374; s. 41, ch. 91-137; s. 43,
ch. 91-305; s. 4, ch. 91-429; s. 30, ch. 93-166; s. 457, ch. 94-356; s. 487,
ch. 97-103; s. 37, ch. 2000-154.
489.134 Authority of licensed job scope.--A licensee under this part need not
have a license under part II to perform work within the scope of his or her
license under this part.
History.--s. 35, ch. 90-228; s. 11, ch. 91-201; s. 4, ch. 91-429; s. 488, ch.
97-103.
489.140 Florida Homeowners' Construction Recovery Fund.--There is created the
Florida Homeowners' Construction Recovery Fund as a separate account in the
Professional Regulation Trust Fund. The recovery fund shall be funded out of
the receipts deposited in the Professional Regulation Trust Fund from the
one-half cent per square foot surcharge on building permits collected and
disbursed pursuant to s. 468.631.
History.--s. 21, ch. 93-166; s. 31, ch. 98-419; s. 38, ch. 2000-154; s. 1, ch.
2004-84.
489.1401 Legislative intent.--
(1) It is the intent of the Legislature that actions taken by the
Construction Industry Licensing Board with respect to contractor sanctions and
pursuant to this chapter are an exercise of the department's regulatory power
for the protection of public safety and welfare.
(2) It is the intent of the Legislature that the sole purpose of the Florida
Homeowners' Construction Recovery Fund is to compensate any aggrieved claimant
who contracted for the construction or improvement of the residence located
within this state and who has obtained a final judgment in any court of
competent jurisdiction, was awarded restitution by the Construction Industry
Licensing Board, or received an award in arbitration against a licensee on
grounds of financial mismanagement or misconduct, abandoning a construction
project, or making a false statement with respect to a project and arising
directly out of any transaction when the judgment debtor was licensed and
performed any of the activities enumerated under s. 489.129(1)(g), (j) or (k)
on the homeowner's residence.
(3) It is the intent of the Legislature that Division I contractors set apart
funds for the specific objective of participating in the fund.
History.--s. 2, ch. 2004-84.
489.1402 Homeowners' Construction Recovery Fund; definitions.--
(1) The following definitions apply to ss. 489.140-489.144:
(a) "Arbitration" means alternative dispute resolution entered into between a
claimant and a contractor either pursuant to a construction contract that
contains a mandatory arbitration clause or through any binding arbitration
under the Florida Arbitration Code.
(b) "Board" means the Construction Industry Licensing Board.
(c) "Claimant" means a homeowner.
(d) "Contractor" means a Division I contractor performing services described
in s. 489.105(3)(a)-(c).
(e) "Court of competent jurisdiction" means a civil or criminal court in the
State of Florida, or a bankruptcy court.
(f) "Homeowner" means the owner of an owner-occupied residence, including a
trustee based upon a trust instrument granting a person a beneficial interest
for life in the residence.
(g) "Licensee" means a contractor, financially responsible officer, or
business organization licensed under this part at the time the violation was
committed.
(h) "Notice" means service as described in s. 455.275.
(i) "Residence" means an individual residential condominium or cooperative
unit or a residential building containing not more than two residential units
in which the owner contracting for the improvement is residing or will reside
6 months or more each calendar year upon completion of the improvement.
(j) "Recovery fund" means the Florida Homeowners' Construction Recovery Fund.
(k) "Same transaction" means a contract, or any series of contracts, between
a claimant and a contractor or qualified business, when such contract or
contracts involve the same property or contiguous properties and are entered
into either at one time or serially.
(l) "Valid and current license," for the purpose of s. 489.141(2)(d), means
any license issued pursuant to this part to a licensee, including a license in
an active, inactive, delinquent, or suspended status.
(2) The following definitions apply to claims made prior to July 1, 2007,
when the contract was executed and the violation occurred on or before January
1, 2005.
(a) "Claimant" means a natural person.
(b) "Licensee" means a contractor, financially responsible officer, or
business organization licensed under this part at the time the violation was
committed.
History.--s. 3, ch. 2004-84.
489.141 Conditions for recovery; eligibility.--
(1) Any claimant is eligible to seek recovery from the recovery fund after
having made a claim and exhausting the limits of any available bond, cash
bond, surety, guarantee, warranty, letter of credit, or policy of insurance,
provided that each of the following conditions is satisfied:
(a) The claimant has received final judgment in a court of competent
jurisdiction in this state or has received an award in arbitration or the
Construction Industry Licensing Board has issued a final order directing the
licensee to pay restitution to the claimant. The board may waive this
requirement if:
1. The claimant is unable to secure a final judgment against the licensee due
to the death of the licensee; or
2. The claimant has sought to have assets involving the transaction that gave
rise to the claim removed from the bankruptcy proceedings so that the matter
might be heard in a court of competent jurisdiction in this state and, after
due diligence, the claimant is precluded by action of the bankruptcy court
from securing a final judgment against the licensee.
(b) The judgment, award, or restitution is based upon a violation of s.
489.129(1)(g), (j), or (k) or s. 713.35.
(c) The violation was committed by a licensee.
(d) The judgment, award, or restitution order specifies the actual damages
suffered as a consequence of such violation.
(e) The contract was executed and the violation occurred on or after July 1,
1993, and provided that:
1. The claimant has caused to be issued a writ of execution upon such
judgment, and the officer executing the writ has made a return showing that no
personal or real property of the judgment debtor or licensee liable to be
levied upon in satisfaction of the judgment can be found or that the amount
realized on the sale of the judgment debtor's or licensee's property pursuant
to such execution was insufficient to satisfy the judgment;
2. If the claimant is unable to comply with subparagraph 1. for a valid
reason to be determined by the board, the claimant has made all reasonable
searches and inquiries to ascertain whether the judgment debtor or licensee is
possessed of real or personal property or other assets subject to being sold
or applied in satisfaction of the judgment and by his or her search has
discovered no property or assets or has discovered property and assets and has
taken all necessary action and proceedings for the application thereof to the
judgment but the amount thereby realized was insufficient to satisfy the
judgment; and
3. The claimant has made a diligent attempt, as defined by board rule, to
collect the restitution awarded by the board.
(f) A claim for recovery is made within 1 year after the conclusion of any
civil, criminal, or administrative action or award in arbitration based on the
act. This paragraph applies to any claim filed with the board after October 1,
1998.
(g) Any amounts recovered by the claimant from the judgment debtor or
licensee, or from any other source, have been applied to the damages awarded
by the court or the amount of restitution ordered by the board.
(h) The claimant is not a person who is precluded by this act from making a
claim for recovery.
(2) A claimant is not qualified to make a claim for recovery from the
recovery fund, if:
(a) The claimant is the spouse of the judgment debtor or licensee or a
personal representative of such spouse;
(b) The claimant is a licensee who acted as the contractor in the transaction
which is the subject of the claim;
(c) The claim is based upon a construction contract in which the licensee was
acting with respect to the property owned or controlled by the licensee;
(d) The claim is based upon a construction contract in which the contractor
did not hold a valid and current license at the time of the construction
contract;
(e) The claimant was associated in a business relationship with the licensee
other than the contract at issue;
(f) The claimant has suffered damages as the result of making improper
payments to a contractor as defined in part I of chapter 713; or
(g) The claimant has contracted with a licensee to perform a scope of work
described in s. 489.105(3)(d)-(q).
(3) The board may determine by rule documentation that is required to
complete a claim.
History.--s. 21, ch. 93-166; s. 266, ch. 94-119; s. 489, ch. 97-103; s. 32,
ch. 98-419; s. 39, ch. 2000-154; s. 4, ch. 2004-84.
489.142 Board powers relating to recovery; conduct of hearings and service.--
(1) With respect to actions for recovery from the recovery fund, the board
may intervene, enter an appearance, file an answer, defend the action, or take
any action it deems appropriate and may take recourse through any appropriate
method of review on behalf of the State of Florida. The board may delegate to
the department by rule the authority to close any case when a claimant is not
qualified to make a claim for recovery from the recovery fund under s.
489.141(2); when after notice the claimant has failed to provide documentation
in support of the claim as required by the board; or when the licensee has
reached the aggregate limit.
(2) Notwithstanding any other provision of law, the board shall cause a
notice of hearing to be served 14 days in advance of the hearing on the
claimant and on the licensee whose license is subject to suspension by s.
489.143. Each notice shall inform the recipient of any administrative hearing
or judicial review that is available under s. 120.569, s. 120.57, or s.
120.68; shall indicate the procedure that must be followed to obtain the
hearing or judicial review; and shall state the time limits that apply.
Service of the notice on the licensee shall be made in accordance with s.
455.275. Service of the notice on the claimant shall be by regular United
States mail at the address provided on the claim. The service of notice in
accordance with this section is complete upon expiration of 14 days after
deposit in the United States mail. Proof of service of a notice shall be made
by entry in the records of the department that the notice was given. The entry
shall be admissible in judicial and administrative proceedings of this state
and shall constitute sufficient proof that notice was given.
(3) Notwithstanding any other provision of law, board hearings on claims
shall be conducted in accordance with ss. 120.569 and 120.57(2). All claim
hearings shall be conducted at the board's regular meeting at the place, date,
and time published. Orders of the board denying or awarding funds to a
claimant constitute final orders that may be appealed in accordance with s.
120.68. Orders awarding or denying claims shall be served in the same manner
as notices of hearing in this section.
History.--s. 21, ch. 93-166; s. 33, ch. 98-419; s. 5, ch. 2004-84.
489.1425 Duty of contractor to notify residential property owner of recovery
fund.--
(1) Any agreement or contract for repair, restoration, improvement, or
construction to residential real property must contain a written statement
explaining the consumer's rights under the recovery fund, except where the
value of all labor and materials does not exceed $2,500. The written statement
must be substantially in the following form:
FLORIDA HOMEOWNERS' CONSTRUCTION
RECOVERY FUND
PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION
RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE
THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,
CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING
TELEPHONE NUMBER AND ADDRESS:
The statement shall be immediately followed by the board's address and
telephone number as established by board rule.
(2)(a) Upon finding a first violation of subsection (1), the board may fine
the contractor up to $500, and the moneys must be deposited into the recovery
fund.
(b) Upon finding a second or subsequent violation of subsection (1), the
board shall fine the contractor $1,000 per violation, and the moneys must be
deposited into the recovery fund.
History.--s. 5, ch. 95-240; s. 11, ch. 96-298; s. 73, ch. 96-388; s. 6, ch.
2004-84.
489.143 Payment from the fund.--
(1) The fund shall be disbursed as provided in s. 489.141 on a final order of
the board.
(2) Any claimant who meets all of the conditions prescribed in s. 489.141 may
apply to the board to cause payment to be made to a claimant from the recovery
fund in an amount equal to the judgment, award, or restitution order or
$25,000, whichever is less, or an amount equal to the unsatisfied portion of
such person's judgment, award, or restitution order, but only to the extent
and amount of actual damages suffered by the claimant. Payment from the fund
for other costs related to or pursuant to civil proceedings such as
postjudgment interest, attorney's fees, court costs, medical damages, and
punitive damages is prohibited. The recovery fund is not obligated to pay any
judgment, award, or restitution order, or any portion thereof, which is not
expressly based on one of the grounds for recovery set forth in s. 489.141.
Beginning January 1, 2005, for each contract entered after July 1, 2004,
payment from the recovery fund shall be subject to a $50,000 maximum payment.
(3) Upon receipt by a claimant under subsection (2) of payment from the
recovery fund, the claimant shall assign his or her additional right, title,
and interest in the judgment, award, or restitution order, to the extent of
such payment, to the board, and thereupon the board shall be subrogated to the
right, title, and interest of the claimant; and any amount subsequently
recovered on the judgment, award, or restitution order, to the extent of the
right, title, and interest of the board therein, shall be for the purpose of
reimbursing the recovery fund.
(4) Payments for claims arising out of the same transaction shall be limited,
in the aggregate, to the lesser of the judgment, award, or restitution order
or the maximum payment allowed, regardless of the number of claimants involved
in the transaction.
(5) Payments for claims against any one licensee shall not exceed, in the
aggregate, $100,000 annually, up to a total aggregate of $250,000. For any
claim approved by the board which is in excess of the annual cap, the amount
in excess of $100,000 up to the total aggregate cap of $250,000 is eligible
for payment in the next and succeeding fiscal years, but only after all claims
for the then-current calendar year have been paid. Payments may not exceed the
aggregate annual or per claimant limits under law. Beginning January 1, 2005,
for each contract entered into after July 1, 2004, payment from the recovery
fund is subject only to a total aggregate cap of $500,000.
(6) Claims shall be paid in the order filed, up to the aggregate limits for
each transaction and licensee and to the limits of the amount appropriated to
pay claims against the fund for the fiscal year in which the claims were
filed.
(7) If the annual appropriation is exhausted with claims pending, such claims
shall be carried forward to the next fiscal year. Any moneys in excess of
pending claims remaining in the recovery fund at the end of the fiscal year
shall be paid as provided in s. 468.631.
(8) Upon the payment of any amount from the recovery fund in settlement of a
claim in satisfaction of a judgment, award, or restitution order against a
licensee as described in s. 489.141, the license of such licensee shall be
automatically suspended, without further administrative action, upon the date
of payment from the fund. The license of such licensee shall not be reinstated
until he or she has repaid in full, plus interest, the amount paid from the
fund. A discharge of bankruptcy does not relieve a person from the penalties
and disabilities provided in this section.
(9) Any firm, corporation, partnership, or association, or any person acting
in his or her individual capacity, who aids, abets, solicits, or conspires
with any person to knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss under this act is guilty of a
third-degree felony, punishable as provided in s. 775.082 or s. 775.084 and by
a fine not exceeding $30,000, unless the value of the fraud exceeds $30,000 in
which event the fine may not exceed double the value of the fraud.
(10) All payments and disbursements from the recovery fund shall be made by
the Chief Financial Officer upon a voucher signed by the secretary of the
department or the secretary's designee.
History.--s. 21, ch. 93-166; s. 267, ch. 94-119; s. 12, ch. 96-298; s. 73, ch.
96-388; s. 1131, ch. 97-103; s. 1, ch. 98-162; s. 34, ch. 98-419; s. 7, ch.
2004-84.
489.144 Investment of the fund.--The funds in the recovery fund may be
invested by the Chief Financial Officer under the same limitations as apply to
the investment of other state funds, and the interest earned thereon shall be
deposited to the credit of the recovery fund and shall be available for the
same purposes as other moneys deposited in the recovery fund.
History.--s. 21, ch. 93-166; s. 509, ch. 2003-261; s. 8, ch. 2004-84.
489.145 Guaranteed energy performance savings contracting.--
(1) SHORT TITLE.--This section may be cited as the "Guaranteed Energy
Performance Savings Contracting Act."
(2) LEGISLATIVE FINDINGS.--The Legislature finds that investment in energy
conservation measures in agency facilities can reduce the amount of energy
consumed and produce immediate and long-term savings. It is the policy of this
state to encourage agencies to invest in energy conservation measures that
reduce energy consumption, produce a cost savings for the agency, and improve
the quality of indoor air in public facilities and to operate, maintain, and,
when economically feasible, build or renovate existing agency facilities in
such a manner as to minimize energy consumption and maximize energy savings.
It is further the policy of this state to encourage agencies to reinvest any
energy savings resulting from energy conservation measures in additional
energy conservation efforts.
(3) DEFINITIONS.--As used in this section, the term:
(a) "Agency" means the state, a municipality, or a political subdivision.
(b) "Energy conservation measure" means a training program, facility
alteration, or equipment purchase to be used in new construction, including an
addition to an existing facility, which reduces energy or operating costs and
includes, but is not limited to:
1. Insulation of the facility structure and systems within the facility.
2. Storm windows and doors, caulking or weatherstripping, multiglazed windows
and doors, heat-absorbing, or heat-reflective, glazed and coated window and
door systems, additional glazing, reductions in glass area, and other window
and door system modifications that reduce energy consumption.
3. Automatic energy control systems.
4. Heating, ventilating, or air-conditioning system modifications or
replacements.
5. Replacement or modifications of lighting fixtures to increase the energy
efficiency of the lighting system, which, at a minimum, must conform to the
applicable state or local building code.
6. Energy recovery systems.
7. Cogeneration systems that produce steam or forms of energy such as heat,
as well as electricity, for use primarily within a facility or complex of
facilities.
8. Energy conservation measures that provide long-term operating cost
reductions or significantly reduce Btu consumed.
9. Renewable energy systems, such as solar, biomass, or wind systems.
10. Devices that reduce water consumption or sewer charges.
11. Storage systems, such as fuel cells and thermal storage.
12. Generating technologies, such as microturbines.
13. Any other repair, replacement, or upgrade of existing equipment.
(c) "Energy cost savings" means a measured reduction in the cost of fuel,
energy consumption, and stipulated operation and maintenance created from the
implementation of one or more energy conservation measures when compared with
an established baseline for the previous cost of fuel, energy consumption, and
stipulated operation and maintenance.
(d) "Guaranteed energy performance savings contract" means a contract for the
evaluation, recommendation, and implementation of energy conservation
measures, which, at a minimum, shall include:
1. The design and installation of equipment to implement one or more of such
measures and, if applicable, operation and maintenance of such measures.
2. The amount of any actual annual savings that meet or exceed total annual
contract payments made by the agency for the contract.
3. The finance charges incurred by the agency over the life of the contract.
(e) "Guaranteed energy performance savings contractor" means a person or
business that is licensed under chapter 471, chapter 481, or this chapter, and
is experienced in the analysis, design, implementation, or installation of
energy conservation measures through energy performance contracts.
(4) PROCEDURES.--
(a) An agency may enter into a guaranteed energy performance savings contract
with a guaranteed energy performance savings contractor to significantly
reduce energy or operating costs of an agency facility through one or more
energy conservation measures.
(b) Before design and installation of energy conservation measures, the
agency must obtain from a guaranteed energy performance savings contractor a
report that summarizes the costs associated with the energy conservation
measures and provides an estimate of the amount of the energy cost savings.
The agency and the guaranteed energy performance savings contractor may enter
into a separate agreement to pay for costs associated with the preparation and
delivery of the report; however, payment to the contractor shall be contingent
upon the report's projection of energy cost savings being equal to or greater
than the total projected costs of the design and installation of the report's
energy conservation measures.
(c) The agency may enter into a guaranteed energy performance savings
contract with a guaranteed energy performance savings contractor if the agency
finds that the amount the agency would spend on the energy conservation
measures will not likely exceed the amount of the energy cost savings for up
to 20 years from the date of installation, based on the life cycle cost
calculations provided in s. 255.255, if the recommendations in the report were
followed and if the qualified provider or providers give a written guarantee
that the energy cost savings will meet or exceed the costs of the system. The
contract may provide for installment payments for a period not to exceed 20
years.
(d) A guaranteed energy performance savings contractor must be selected in
compliance with s. 287.055; except that if fewer than three firms are
qualified to perform the required services, the requirement for agency
selection of three firms, as provided in s. 287.055(4)(b), and the bid
requirements of s. 287.057 do not apply.
(e) Before entering into a guaranteed energy performance savings contract, an
agency must provide published notice of the meeting in which it proposes to
award the contract, the names of the parties to the proposed contract, and the
contract's purpose.
(f) A guaranteed energy performance savings contract may provide for
financing, including tax-exempt financing, by a third party. The contract for
third party financing may be separate from the energy performance contract. A
separate contract for third party financing must include a provision that the
third party financier must not be granted rights or privileges that exceed the
rights and privileges available to the guaranteed energy performance savings
contractor.
(g) In determining the amount the agency will finance to acquire the energy
conservation measures, the agency may reduce such amount by the application of
any grant moneys, rebates, or capital funding available to the agency for the
purpose of buying down the cost of the guaranteed energy performance savings
contract. However, in calculating the life cycle cost as required in paragraph
(c), the agency shall not apply any grants, rebates, or capital funding.
(5) CONTRACT PROVISIONS.--
(a) A guaranteed energy performance savings contract must include a written
guarantee that may include, but is not limited to the form of, a letter of
credit, insurance policy, or corporate guarantee by the guaranteed energy
performance savings contractor that annual energy cost savings will meet or
exceed the amortized cost of energy conservation measures.
(b) The guaranteed energy performance savings contract must provide that all
payments, except obligations on termination of the contract before its
expiration, may be made over time, but not to exceed 20 years from the date of
complete installation and acceptance by the agency, and that the annual
savings are guaranteed to the extent necessary to make annual payments to
satisfy the guaranteed energy performance savings contract.
(c) The guaranteed energy performance savings contract must require that the
guaranteed energy performance savings contractor to whom the contract is
awarded provide a 100-percent public construction bond to the agency for its
faithful performance, as required by s. 255.05.
(d) The guaranteed energy performance savings contract may contain a
provision allocating to the parties to the contract any annual energy cost
savings that exceed the amount of the energy cost savings guaranteed in the
contract.
(e) The guaranteed energy performance savings contract shall require the
guaranteed energy performance savings contractor to provide to the agency an
annual reconciliation of the guaranteed energy cost savings. If the
reconciliation reveals a shortfall in annual energy cost savings, the
guaranteed energy performance savings contractor is liable for such shortfall.
If the reconciliation reveals an excess in annual energy cost savings, the
excess savings may be allocated under paragraph (d) but may not be used to
cover potential energy cost savings shortages in subsequent contract years.
(f) The guaranteed energy performance savings contract must provide for
payments of not less than one-twentieth of the price to be paid within 2 years
from the date of the complete installation and acceptance by the agency, and
the remaining costs to be paid at least quarterly, not to exceed a 20-year
term, based on life cycle cost calculations.
(g) The guaranteed energy performance savings contract may extend beyond the
fiscal year in which it becomes effective; however, the term of any contract
expires at the end of each fiscal year and may be automatically renewed
annually for up to 20 years, subject to the agency making sufficient annual
appropriations based upon continued realized energy savings.
(h) The guaranteed energy performance savings contract must stipulate that it
does not constitute a debt, liability, or obligation of the state.
(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The Department of Management
Services, with the assistance of the Office of the Chief Financial Officer,
may, within available resources, provide technical assistance to state
agencies contracting for energy conservation measures and engage in other
activities considered appropriate by the department for promoting and
facilitating guaranteed energy performance contracting by state agencies. The
Office of the Chief Financial Officer, with the assistance of the Department
of Management Services, may, within available resources, develop model
contractual and related documents for use by state agencies. Prior to entering
into a guaranteed energy performance savings contract, any contract or lease
for third-party financing, or any combination of such contracts, a state
agency shall submit such proposed contract or lease to the Office of the Chief
Financial Officer for review and approval.
History.--s. 1, ch. 94-112; s. 1, ch. 2001-81; s. 510, ch. 2003-261.
489.1455 Journeyman; reciprocity; standards.--
(1) An individual who holds a valid, active journeyman license in the
plumbing/pipe fitting, mechanical, or HVAC trades issued by any county or
municipality in this state may work as a journeyman in the trade in which he
or she is licensed in any county or municipality of this state without taking
an additional examination or paying an additional license fee, if he or she:
(a) Has scored at least 70 percent, or after October 1, 1997, at least 75
percent, on a proctored journeyman Block and Associates examination or other
proctored examination approved by the board for the trade in which he or she
is licensed;
(b) Has completed an apprenticeship program registered with the 1Department
of Labor and Employment Security and demonstrates 4 years' verifiable
practical experience in the trade for which he or she is licensed, or
demonstrates 6 years' verifiable practical experience in the trade for which
he or she is licensed;
(c) Has satisfactorily completed specialized and advanced module coursework
approved by the Florida Building Commission, as part of the Building Code
Training Program established in s. 553.841, specific to the discipline, and
successfully completed the program's core curriculum courses or passed an
equivalency test in lieu of taking the core curriculum courses and provided
proof of completion of such curriculum courses or examination and obtained a
certificate from the board pursuant to this part or, pursuant to authorization
by the certifying authority, provides proof of completion of such curriculum
or coursework within 6 months after such certification; and
(d) Has not had a license suspended or revoked within the last 5 years.
(2) A local government may charge a registration fee for reciprocity, not to
exceed $25.
History.--s. 15, ch. 97-228; s. 25, ch. 98-287.
1Note.--Section 69, ch. 2002-194, repealed s. 20.171, which created the
Department of Labor and Employment Security.
489.146 Privatization of services.--Notwithstanding any other provision of
this part relating to the review of licensure applications, issuance of
licenses and renewals, collection of revenues, fees, and fines, service of
documents, publications, and printing, and other ministerial functions of the
department relating to the regulation of contractors, the department shall
make all reasonable efforts to contract with one or more private entities for
provision of such services, when such services can be provided in a more
efficient manner by private entities. The department or the board shall retain
final authority for licensure decisions and rulemaking, including all appeals
or other legal action resulting from such licensure decisions or rulemaking.
The department and the board shall adopt rules to implement the provisions of
this section.
History.--s. 16, ch. 97-228; s. 85, ch. 2005-2.
PART II
ELECTRICAL AND ALARM SYSTEM
CONTRACTING
489.501 Purpose.
489.503 Exemptions.
489.505 Definitions.
489.507 Electrical Contractors' Licensing Board.
489.509 Fees.
489.510 Evidence of workers' compensation coverage.
489.511 Certification; application; examinations; endorsement.
489.513 Registration; application; requirements.
489.514 Certification for registered contractors; grandfathering provisions.
489.515 Issuance of certificates; registrations.
489.516 Qualifications to practice; restrictions; prerequisites.
489.517 Renewal of certificate or registration; continuing education.
489.518 Alarm system agents.
489.5185 Fire alarm system agents.
489.519 Inactive status.
489.520 Automated licensure status information system.
489.521 Business organizations; qualifying agents.
489.522 Qualifying agents; responsibilities.
489.523 Emergency registration upon death of contractor.
489.525 Report to local building officials.
489.529 Alarm verification calls required.
489.530 Audible alarms.
489.531 Prohibitions; penalties.
489.5315 Proprietary electrical or alarm contractors.
489.532 Contracts entered into by unlicensed contractors unenforceable.
489.533 Disciplinary proceedings.
489.5335 Journeyman; reciprocity; standards.
489.537 Application of this part.
489.538 Authority of licensed job scope.
489.501 Purpose.--The Legislature deems it necessary in the interest of
public health, safety, and welfare to regulate the electrical and alarm system
contractors in this state. This regulation seeks to enable qualified persons
to obtain licensure, while ensuring that applicants have sufficient technical
experience in the applicable trade prior to licensure, are tested on technical
and business matters, and upon licensure are made subject to disciplinary
procedures and effective policing of the profession.
History.--ss. 1, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 1, 14, ch. 87-254;
ss. 21, 23, ch. 88-149; s. 4, ch. 91-429; s. 269, ch. 94-119; s. 21, ch.
2000-332.
489.503 Exemptions.--This part does not apply to:
(1) Any employee of a certificateholder, registrant, or business organization
authorized to engage in contracting who is acting within the scope of the
license held by that certificateholder or registrant and with the knowledge
and permission of the licenseholder. However:
(a) If the employer is not a certificateholder or registrant in that type of
contracting, and the employee performs any of the following, the employee is
not exempt:
1. Holds himself or herself or his or her employer out to be licensed or
qualified by a licensee;
2. Leads the consumer to believe that the employee has an ownership or
management interest in the company; or
3. Performs any of the acts which constitute contracting.
(b) The legislative intent of this subsection is to place equal
responsibility on the unlicensed business and its employees for the protection
of the consumers in contracting transactions.
For the purpose of this part, "employee" is defined as a person who receives
compensation from, and is under the supervision and control of, an employer
who regularly deducts the F.I.C.A. and withholding tax and provides workers'
compensation, all as prescribed by law.
(2) An authorized employee of the United States, this state, or any
municipality, county, irrigation district, reclamation district, or any other
municipal or political subdivision of this state, except school boards, state
university boards of trustees, and community college boards of trustees,
unless for the purpose of performing routine maintenance or repair or
construction not exceeding $200,000 to existing installations, as long as the
employee does not hold himself or herself out for hire or otherwise engage in
contracting except in accordance with his or her employment. If the
construction, remodeling, or improvement exceeds $200,000, school boards,
state university boards of trustees, and community college boards of trustees
shall not divide the project into separate components for the purpose of
evading this section.
(3) An officer appointed by a court when he or she is acting within the scope
of his or her office as defined by law or court order.
(4) Public utilities, on construction, maintenance, and development work
performed by their forces and incidental to their business.
(5) The sale or installation of any finished products, materials, or articles
of merchandise which are not actually fabricated into, and do not become a
permanent fixed part of, the structure. This subsection shall not be construed
to limit the exemptions provided in subsection (6).
(6) An owner of property making application for permit, supervising, and
doing the work in connection with the construction, maintenance, repair, and
alteration of and addition to a single-family or duplex residence for his or
her own use and occupancy and not intended for sale or an owner of property
when acting as his or her own electrical contractor and providing all material
supervision himself or herself, when building or improving a farm outbuilding
or a single-family or duplex residence on such property for the occupancy or
use of such owner and not offered for sale or lease, or building or improving
a commercial building with aggregate construction costs of under $75,000 on
such property for the occupancy or use of such owner and not offered for sale
or lease. In an action brought under this subsection, proof of the sale or
lease, or offering for sale or lease, of more than one such structure by the
owner-builder within 1 year after completion of same is prima facie evidence
that the construction was undertaken for purposes of sale or lease. This
subsection does not exempt any person who is employed by such owner and who
acts in the capacity of a contractor. For the purpose of this subsection, the
term "owner of property" includes the owner of a mobile home situated on a
leased lot. To qualify for exemption under this subsection, an owner shall
personally appear and sign the building permit application and must satisfy
local permitting agency requirements, if any, proving that the owner has a
complete understanding of the owner's obligations under the law as specified
in the disclosure statement in this section. If any person violates the
requirements of this subsection, the local permitting agency shall withhold
final approval, revoke the permit, or pursue any action or remedy for
unlicensed activity against the owner and any person performing work that
requires licensure under the permit issued. The local permitting agency shall
provide the owner with a disclosure statement in substantially the following
form:
Disclosure Statement
State law requires electrical contracting to be done by licensed electrical
contractors. You have applied for a permit under an exemption to that law. The
exemption allows you, as the owner of your property, to act as your own
electrical contractor even though you do not have a license. You may install
electrical wiring for a farm outbuilding or a single-family or duplex
residence. You may install electrical wiring in a commercial building the
aggregate construction costs of which are under $75,000. The home or building
must be for your own use and occupancy. It may not be built for sale or lease.
If you sell or lease more than one building you have wired yourself within 1
year after the construction is complete, the law will presume that you built
it for sale or lease, which is a violation of this exemption. You may not hire
an unlicensed person as your electrical contractor. Your construction shall be
done according to building codes and zoning regulations. It is your
responsibility to make sure that people employed by you have licenses required
by state law and by county or municipal licensing ordinances.
(7) Any construction, alteration, improvement, or repair carried on within
the limits of any site the title to which is in the United States or any
construction, alteration, improvement, or repair on any project when federal
law supersedes this part.
(8) Any construction or operation incidental to the construction or repair of
irrigation and drainage ditches; regularly constituted irrigation districts;
reclamation districts; or clearing or other work on the land in rural
districts for fire prevention purposes or otherwise, except when performed by
a certificateholder under this part.
(9) A registered architect or engineer acting within the scope of his or her
practice, or any person exempted by the law regulating architects or
engineers, including persons doing design work as specified in s.
481.229(1)(b).
(10) Any person who only furnishes materials or supplies without fabricating
them into, or consuming them in the performance of, the work of the
contractor.
(11) The installation of alarm systems on motor vehicles and boats.
(12) Any person as defined and licensed under chapter 527 while engaged in
work regulated under that chapter.
(13) Any person defined and licensed as a fire protection system contractor
under chapter 633, while engaged in work as a fire protection system
contractor.
(14)(a) The installation of, repair of, alteration of, addition to, or design
of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways,
and conduit, or any part thereof, when those items are for the purpose of
transmitting data, voice communications, or commands as part of a cable
television, community antenna television, or radio distribution system. The
scope of this exemption is limited to electrical circuits and equipment
governed by the applicable provisions of Articles 725 (Classes 2 and 3
circuits only), 770, 800, 810, and 820 of the National Electrical Code,
current edition, or 47 C.F.R. part 68.
(b) The installation of, repair of, alteration of, addition to, or design of
electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, and
conduit, or any part thereof, when those items are for the purpose of
transmitting data, voice communications, or commands as part of a system of
telecommunications, including computers, telephone customer premises
equipment, or premises wiring. The scope of this exemption is limited to
electrical circuits and equipment governed by the applicable provisions of
Articles 725 (Classes 2 and 3 circuits only), 770, 800, 810, and 820 of the
National Electrical Code, current edition, or 47 C.F.R. part 68. A company
certified under chapter 364 is not subject to any local ordinance that
requires a permit for work performed by its employees related to low voltage
electrical work, including related technical codes and regulations. The
exemption in this paragraph shall apply only if such work is requested by the
company's customer, is required in order to complete phone service, is
incidental to provision of telecommunication service as required by chapter
364, and is not the subject of a competitive bid. The definition of "employee"
established in subsection (1) applies to this exemption and does not include
subcontractors.
(15) The provision, installation, testing, routine maintenance,
factory-servicing, or monitoring of a personal emergency response system, as
defined in s. 489.505, by an authorized person who:
(a) Is an employee of, or a volunteer supervised by an employee of, a health
care facility licensed by the Agency for Health Care Administration;
(b) Performs services for the Department of Elderly Affairs;
(c) Performs services for the Department of Children and Family Services
under chapter 410; or
(d) Is an employee of or an authorized representative or distributor for the
producer of the personal emergency response system being monitored.
(16) The monitoring of a personal emergency response system, as defined in s.
489.505, by a charitable, not-for-profit corporation acting in accordance with
a contractual agreement with the Agency for Health Care Administration or one
of its licensed health care facilities, the Department of Elderly Affairs, or
the Department of Children and Family Services, providing that the
organization does not perform any other service requiring certification or
registration under this part. Nothing in this subsection shall be construed to
provide any of the agencies mentioned in this subsection the authority to
develop rules, criteria, or policy pursuant to this subsection.
(17) The monitoring of an alarm system without fee by a direct employee of a
law enforcement agency or of a county, municipal, or special district fire
department or by a law enforcement officer or fire official acting in an
official capacity.
(18) The monitoring of an alarm system by a direct employee of any state or
federally chartered financial institution, as defined in s. 655.005(1)(h), or
any parent, affiliate, or subsidiary thereof, so long as:
(a) The institution is subject to, and in compliance with, s. 3 of the
Federal Bank Protection Act of 1968, 12 U.S.C. s. 1882;
(b) The alarm system is in compliance with all applicable firesafety
standards as set forth in chapter 633; and
(c) The monitoring is limited to an alarm system associated with:
1. The commercial property where banking operations are housed or where other
operations are conducted by a state or federally chartered financial
institution, as defined in s. 655.005(1)(h), or any parent, affiliate, or
subsidiary thereof; or
2. The private property occupied by the institution's executive officers, as
defined in s. 655.005(1)(f),
and does not otherwise extend to the monitoring of residential systems.
(19) The monitoring of an alarm system of a business by the direct employees
of that business, so long as:
(a) The alarm system is the exclusive property of, or is leased by, the
business;
(b) The alarm system complies with all applicable firesafety standards as set
forth in chapter 633; and
(c) The alarm system is designed to protect only the commercial premises
leased by the business endeavor or commercial premises owned by the business
endeavor and not leased to another.
This exemption is intended to allow businesses to monitor their own alarm
systems and is not limited to monitoring a single location of that business.
However, it is not intended to enable the owner of any apartment complex,
aggregate housing, or commercial property to monitor alarm systems on property
leased or rented to the residents, clients, or customers thereof.
(20) Contracting for repair, maintenance, remodeling, or improvement by any
person licensed under part I of chapter 475 while acting as the owner's agent
pursuant to that license, where all work requiring a contractor is performed
by a contractor who has a current, valid certificate or registration issued
under this part to perform such work, and where the aggregate contract for
labor, materials, and all other items is less than $5,000; however, this
exemption does not apply:
(a) If the maintenance, repair, remodeling, or improvement is a part of a
larger or major operation, whether undertaken by the same or a different
contractor, or in which a division of the operation is made in contracts of
amounts less than $5,000 for the purpose of evading this part or otherwise.
(b) To a person who advertises that he or she is qualified to engage in
contracting.
(21) Alarm system inspections, audits, or quality assurance services
performed by a nationally recognized testing laboratory that the Occupational
Safety and Health Administration has recognized as meeting the requirements of
29 C.F.R. s. 1910.7.
(22) Any person who installs or repairs lightning rods or related systems.
History.--ss. 12, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 2, 14, ch. 87-254;
ss. 1, 21, 23, ch. 88-149; s. 4, ch. 89-343; s. 36, ch. 90-228; ss. 1, 10, ch.
91-119; s. 42, ch. 91-137; s. 4, ch. 91-429; s. 8, ch. 92-55; s. 65, ch.
92-149; s. 270, ch. 94-119; s. 8, ch. 94-284; s. 34, ch. 95-145; s. 1, ch.
96-298; s. 73, ch. 96-388; s. 1132, ch. 97-103; s. 40, ch. 98-250; s. 35, ch.
98-419; s. 233, ch. 99-8; s. 23, ch. 99-254; s. 36, ch. 2000-372; s. 3, ch.
2006-154; s. 2, ch. 2006-283; s. 57, ch. 2007-217.
489.505 Definitions.--As used in this part:
(1) "Alarm system" means any electrical device, signaling device, or
combination of electrical devices used to signal or detect a burglary, fire,
robbery, or medical emergency.
(2) "Alarm system contractor" means a person whose business includes the
execution of contracts requiring the ability, experience, science, knowledge,
and skill to lay out, fabricate, install, maintain, alter, repair, monitor,
inspect, replace, or service alarm systems for compensation, including, but
not limited to, all types of alarm systems for all purposes. This term also
means any person, firm, or corporation that engages in the business of alarm
contracting under an expressed or implied contract; that undertakes, offers to
undertake, purports to have the capacity to undertake, or submits a bid to
engage in the business of alarm contracting; or that by itself or by or
through others engages in the business of alarm contracting.
(a) "Alarm system contractor I" means an alarm system contractor whose
business includes all types of alarm systems for all purposes.
(b) "Alarm system contractor II" means an alarm system contractor whose
business includes all types of alarm systems other than fire, for all
purposes, except as herein provided.
(3) "Board," except "local board," means the Electrical Contractors'
Licensing Board created by this part.
(4) "Certificate" means a geographically unlimited certificate of competency
issued by the department as provided in this part.
(5) "Certificateholder" means a contractor who has obtained a certificate of
competency.
(6) "Certification" means the act of obtaining or holding a certificate of
competency from the department as provided in this part.
(7) "Certified alarm system contractor" means an alarm system contractor who
possesses a certificate of competency issued by the department. The scope of
certification is limited to alarm circuits originating in the alarm control
panel and equipment governed by the applicable provisions of Articles 725,
760, 770, 800, and 810 of the National Electrical Code, Current Edition, and
National Fire Protection Association Standard 72, Current Edition. The scope
of certification for alarm system contractors also includes the installation,
repair, fabrication, erection, alteration, addition, or design of electrical
wiring, fixtures, appliances, thermostats, apparatus, raceways, and conduit,
or any part thereof not to exceed 98 volts (RMS), when those items are for the
purpose of transmitting data or proprietary video (satellite systems that are
not part of a community antenna television or radio distribution system) or
providing central vacuum capability or electric locks; however, this provision
governing the scope of certification does not create any mandatory licensure
requirement.
(8) "Certified electrical contractor" means an electrical contractor who
possesses a certificate of competency issued by the department.
(9) "Contracting" means, except where exempted in this part, engaging in
business as a contractor or performing electrical or alarm work for
compensation and includes, but is not limited to, performance of any of the
acts found in subsections (2) and (12), which define the services which a
contractor is allowed to perform. The attempted sale of contracting services
and the negotiation or bid for a contract on these services also constitutes
contracting. If the services offered require licensure or agent qualification,
the offering, negotiation for a bid, or attempted sale of these services
requires the corresponding licensure.
(10) "Contractor" means a person who is qualified to engage in the business
of electrical or alarm system contracting pursuant to a certificate or
registration issued by the department.
(11) "Department" means the Department of Business and Professional
Regulation.
(12) "Electrical contractor" or "unlimited electrical contractor" means a
person who conducts business in the electrical trade field and who has the
experience, knowledge, and skill to install, repair, alter, add to, or design,
in compliance with law, electrical wiring, fixtures, appliances, apparatus,
raceways, conduit, or any part thereof, which generates, transmits,
transforms, or utilizes electrical energy in any form, including the
electrical installations and systems within plants and substations, all in
compliance with applicable plans, specifications, codes, laws, and
regulations. The term means any person, firm, or corporation that engages in
the business of electrical contracting under an express or implied contract;
or that undertakes, offers to undertake, purports to have the capacity to
undertake, or submits a bid to engage in the business of electrical
contracting; or that does itself or by or through others engage in the
business of electrical contracting.
(13) "Local construction regulation board" or "local board" means a board,
composed of not fewer than three residents of a county or municipality, which
the governing body of that county or municipality may create and appoint to
maintain the proper standard of construction of that county or municipality.
(14) "Primary qualifying agent" means a person who possesses the requisite
skill, knowledge, and experience, and has the responsibility, to supervise,
direct, manage, and control the electrical or alarm system contracting
activities of the business organization with which he or she is connected; and
whose technical and personal qualifications have been determined by
investigation and examination as provided in this part by the department, as
attested to by the board; and who has been issued a certificate of competency
by the department.
(15) "Secondary qualifying agent" means a person who possesses the requisite
skill, knowledge, and experience, and has the responsibility to supervise,
direct, manage, and control the electrical or alarm system contracting
activities on a job for which he or she has obtained a permit; and whose
technical and personal qualifications have been determined by investigation
and examination as provided in this part by the department, as attested to by
the board; and who has been issued a certificate of competency by the
department.
(16) "Registered electrical contractor" means an electrical contractor who
has registered with the department pursuant to fulfilling the competency
requirements in the jurisdiction for which the registration is issued. A
registered electrical contractor may contract only in the jurisdiction for
which his or her registration is issued.
(17) "Registration" means registration with the department as provided in
this part.
(18) "Registrant" means a person who has registered with the department
pursuant to the requirements of this part.
(19) "Specialty contractor" means a contractor whose scope of practice is
limited to a specific segment of electrical or alarm system contracting,
including, but not limited to, residential electrical contracting, maintenance
of electrical fixtures, and fabrication, erection, installation, and
maintenance of electrical advertising signs together with the interrelated
parts and supports thereof. Categories of specialty contractor shall be
established by board rule.
(20) "Mediation" means a process whereby a neutral third party acts to
encourage and facilitate the resolution of a dispute without prescribing what
it should be. It is an informal and nonadversarial process with the objective
of helping the disputing parties reach a mutually acceptable agreement.
(21) "Registered alarm system contractor I" means an alarm system contractor
whose business includes all types of alarm systems for all purposes and who is
registered with the department pursuant to s. 489.513. A registered alarm
system contractor I may contract only in the jurisdictions for which his or
her registration is issued.
(22) "Registered alarm system contractor II" means an alarm system contractor
whose business includes all types of alarm systems, other than fire, for all
purposes and who is registered with the department pursuant to s. 489.513. A
registered alarm system contractor II may contract only in the jurisdiction
for which his or her registration is issued.
(23) "Registered residential alarm system contractor" means an alarm system
contractor whose business is limited to burglar alarm systems in single-family
residential, quadruplex housing, and mobile homes of a residential occupancy
class and who is registered with the department pursuant to s. 489.513. The
board shall define "residential occupancy class" by rule. A registered
residential alarm system contractor may contract only in the jurisdiction for
which his or her registration is issued.
(24) "Licensure" means any type of certification or registration provided for
in this part.
(25) "Burglar alarm system agent" means a person:
(a) Who is employed by a licensed alarm system contractor or licensed
electrical contractor;
(b) Who is performing duties which are an element of an activity which
constitutes alarm system contracting requiring licensure under this part; and
(c) Whose specific duties include any of the following: altering, installing,
maintaining, moving, repairing, replacing, servicing, selling, or monitoring
an intrusion or burglar alarm system for compensation.
(26) "Personal emergency response system" means any device which is simply
plugged into a telephone jack or electrical receptacle and which is designed
to initiate a telephone call to a person who responds to, or has a
responsibility to determine the proper response to, personal emergencies, but
does not include hard-wired or wireless alarm systems designed to detect
intrusion or fire.
(27) "Monitoring" means to receive electrical or electronic signals
originating from any structure within the state or outside the state,
regardless of whether those signals are relayed through a jurisdiction outside
the state, where such signals are produced by any security, medical, fire, or
burglar alarm, closed circuit television camera, access-control system, or
related or similar protective system and are intended by design to initiate a
response thereto. A person shall not have committed the act of monitoring if:
(a) The person is an occupant of, or an employee working within, protected
premises;
(b) The person initiates emergency action in response to hearing or observing
an alarm signal;
(c) The person's action is incidental to his or her primary responsibilities;
and
(d) The person is not employed in a proprietary monitoring facility, as
defined by the National Fire Protection Association pursuant to rule adopted
under chapter 633.
(28) "Fire alarm system agent" means a person:
(a) Who is employed by a licensed fire alarm contractor or certified
unlimited electrical contractor;
(b) Who is performing duties which are an element of an activity that
constitutes fire alarm system contracting requiring certification under this
part; and
(c) Whose specific duties include any of the following: altering, installing,
maintaining, moving, repairing, replacing, servicing, selling, or monitoring a
fire alarm system for compensation.
(29) "Nationally recognized testing laboratory" means an organization that
the Occupational Safety and Health Administration has legally recognized to be
in compliance with 29 C.F.R. s. 1910.7 and that provides quality assurance,
product testing, or certification services.
History.--ss. 2, 17, ch. 79-272; ss. 2, 3, ch. 81-318; s. 88, ch. 83-329; s.
3, ch. 85-290; ss. 3, 14, ch. 87-254; ss. 2, 21, 23, ch. 88-149; s. 1, ch.
89-81; s. 5, ch. 89-343; s. 41, ch. 90-228; s. 2, ch. 91-119; s. 4, ch.
91-429; s. 271, ch. 94-119; s. 187, ch. 94-218; s. 2, ch. 96-298; s. 73, ch.
96-388; s. 1133, ch. 97-103; s. 1, ch. 97-122; s. 9, ch. 98-170; s. 36, ch.
98-419; ss. 37, 46, ch. 2000-372; s. 4, ch. 2006-154.
489.507 Electrical Contractors' Licensing Board.--
(1) There is created in the department the Electrical Contractors' Licensing
Board. The board shall consist of 11 members, 7 of whom shall be certified
electrical contractors, 2 of whom shall be consumer members who are not, and
have never been, electrical contractors or members of any closely related
profession or occupation, and 2 of whom shall be certified alarm system
contractors I. Members shall be appointed for 4-year terms.
(2) To be eligible to serve, each contractor member must have been certified
by the board to operate as a contractor in the category with respect to which
the member is appointed, be actively engaged in the construction business, and
have been so engaged for a period of not less than 5 consecutive years before
the date of appointment. Each appointee must be a citizen and resident of the
state.
(3) The board has authority to adopt rules pursuant to ss. 120.536(1) and
120.54 to implement the provisions of this part.
(4) It is the intent of the Legislature that the board promulgate no rules
and take no action to require that applicants for certification as alarm
system contractors serve any type of apprenticeship before being allowed to
sit for the certification examination.
(5) Any proposed board rule which has not been modified to remove proposed
committee objections of the Administrative Procedures Committee must receive
approval from the department prior to filing the rule with the Department of
State for final adoption. The department may repeal any rule enacted by the
board which has taken effect without having met proposed committee objections
of the Administrative Procedures Committee.
(6) The Electrical Contractors' Licensing Board and the Construction Industry
Licensing Board shall each appoint a committee to meet jointly at least twice
a year.
History.--ss. 3, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 4, 14, ch. 87-254;
ss. 3, 21, 22, ch. 88-149; s. 38, ch. 89-374; s. 43, ch. 91-137; s. 4, ch.
91-429; s. 158, ch. 92-149; s. 188, ch. 94-218; s. 161, ch. 98-200; s. 37, ch.
98-419; s. 38, ch. 2000-372.
489.509 Fees.--
(1) The board, by rule, shall establish fees to be paid for applications,
examination, reexamination, transfers, licensing and renewal, reinstatement,
and recordmaking and recordkeeping. The examination fee shall be in an amount
that covers the cost of obtaining and administering the examination and shall
be refunded if the applicant is found ineligible to sit for the examination.
The application fee is nonrefundable. The fee for initial application and
examination for certification of electrical contractors may not exceed $400.
The initial application fee for registration may not exceed $150. The biennial
renewal fee may not exceed $400 for certificateholders and $200 for
registrants. The fee for initial application and examination for certification
of alarm system contractors may not exceed $400. The biennial renewal fee for
certified alarm system contractors may not exceed $450. The board may
establish a fee for a temporary certificate as an alarm system contractor not
to exceed $75. The board may also establish by rule a delinquency fee not to
exceed $50. The fee to transfer a certificate or registration from one
business organization to another may not exceed $200. The fee for reactivation
of an inactive license may not exceed $50. The board shall establish fees that
are adequate to ensure the continued operation of the board. Fees shall be
based on department estimates of the revenue required to implement this part
and the provisions of law with respect to the regulation of electrical
contractors and alarm system contractors.
(2) A person who is registered or holds a valid certificate may go on
inactive status during which time he or she shall not engage in contracting,
but may retain the certificate or registration on an inactive basis, on
payment of a renewal fee during the inactive period, not to exceed $50 per
renewal period.
(3) Four dollars of each fee under subsection (1) paid to the department at
the time of application or renewal shall be transferred at the end of each
licensing period to the Department of Community Affairs to fund projects
relating to the building construction industry or continuing education
programs offered to persons engaged in the building construction industry in
Florida. The board shall, at the time the funds are transferred, advise the
Department of Community Affairs on the most needed areas of research or
continuing education based on significant changes in the industry's practices
or on the most common types of consumer complaints or on problems costing the
state or local governmental entities substantial waste. The board's advice is
not binding on the Department of Community Affairs. The Department of
Community Affairs shall ensure the distribution of research reports and the
availability of continuing education programs to all segments of the building
construction industry to which they relate. The Department of Community
Affairs shall report to the board in October of each year, summarizing the
allocation of the funds by institution and summarizing the new projects funded
and the status of previously funded projects.
History.--ss. 4, 17, ch. 79-272; ss. 2, 3, ch. 81-318; s. 89, ch. 83-329; ss.
5, 14, ch. 87-254; ss. 4, 21, 23, ch. 88-149; s. 63, ch. 89-162; s. 3, ch.
91-119; s. 4, ch. 91-429; s. 71, ch. 92-149; s. 272, ch. 94-119; s. 490, ch.
97-103; s. 38, ch. 98-419; s. 19, ch. 2001-186.
489.510 Evidence of workers' compensation coverage.--Except as provided in s.
489.515(3)(b), any person, business organization, or qualifying agent engaged
in the business of contracting in this state and certified or registered under
this part shall, as a condition precedent to the issuance or renewal of a
certificate or registration of the contractor, provide to the Electrical
Contractors' Licensing Board, as provided by board rule, evidence of workers'
compensation coverage pursuant to chapter 440. In the event that the Division
of Workers' Compensation of the Department of Financial Services receives
notice of the cancellation of a policy of workers' compensation insurance
insuring a person or entity governed by this section, the Division of Workers'
Compensation shall certify and identify all persons or entities by
certification or registration license number to the department after
verification is made by the Division of Workers' Compensation that persons or
entities governed by this section are no longer covered by workers'
compensation insurance. Such certification and verification by the Division of
Workers' Compensation may result from records furnished to the Division of
Workers' Compensation by the persons or entities governed by this section or
an investigation completed by the Division of Workers' Compensation. The
department shall notify the persons or entities governed by this section who
have been determined to be in noncompliance with chapter 440, and the persons
or entities notified shall provide certification of compliance with chapter
440 to the department and pay an administrative fine in the amount of $500.
The failure to maintain workers' compensation coverage as required by law
shall be grounds for the board to revoke, suspend, or deny the issuance or
renewal of a certificate or registration of the contractor under the
provisions of s. 489.533.
History.--s. 31, ch. 89-289; s. 1, ch. 90-192; s. 48, ch. 90-201; s. 46, ch.
91-1; s. 4, ch. 91-119; s. 4, ch. 91-429; s. 32, ch. 2001-91; s. 18, ch.
2002-236; s. 59, ch. 2003-1; s. 511, ch. 2003-261.
489.511 Certification; application; examinations; endorsement.--
(1) Any person desiring to be certified as a contractor shall apply to the
department in writing to take the certification examination.
(2)(a) A person shall be entitled to take the certification examination for
the purpose of determining whether he or she is qualified to engage in
contracting throughout the state as a contractor if the person:
1. Is at least 18 years of age;
2. Is of good moral character; and
3. Meets eligibility requirements according to one of the following criteria:
a. Has, within the 6 years immediately preceding the filing of the
application, at least 3 years' proven management experience in the trade or
education equivalent thereto, or a combination thereof, but not more than
one-half of such experience may be educational equivalent;
b. Has, within the 8 years immediately preceding the filing of the
application, at least 4 years' experience as a supervisor or contractor in the
trade for which he or she is making application;
c. Has, within the 12 years immediately preceding the filing of the
application, at least 6 years of comprehensive training, technical education,
or supervisory experience associated with an electrical or alarm system
contracting business, or at least 6 years of technical experience in
electrical or alarm system work with the Armed Forces or a governmental
entity;
d. Has, within the 12 years immediately preceding the filing of the
application, been licensed for 3 years as a professional engineer who is
qualified by education, training, or experience to practice electrical
engineering; or
e. Has any combination of qualifications under sub-subparagraphs a.-c.
totaling 6 years of experience.
(b) For purposes of this subsection, "supervisor" means a person having the
experience gained while having the general duty of overseeing the technical
duties of the trade, provided that such experience is gained by a person who
is able to perform the technical duties of the trade without supervision.
(c) For purposes of this subsection, at least 40 percent of the work
experience for an alarm system contractor I must be in the types of fire alarm
systems typically used in a commercial setting.
(3) On or after October 1, 1998, every applicant who is qualified shall be
allowed to take the examination three times, notwithstanding the number of
times the applicant has previously failed the examination. If an applicant
fails the examination three times after October 1, 1998, the board shall
require the applicant to complete additional college-level or technical
education courses in the areas of deficiency, as determined by the board, as a
condition of future eligibility to take the examination. The applicant must
also submit a new application that meets all certification requirements at the
time of its submission and must pay all appropriate fees.
(4)(a) "Good moral character" means a personal history of honesty, fairness,
and respect for the rights of others and for laws of this state and nation.
(b) The board may determine that an individual applying for certification is
ineligible to take the examination for failure to satisfy the requirement of
good moral character only if:
1. There is a substantial connection between the lack of good moral character
of the individual and the professional responsibilities of a certified
contractor; and
2. The finding by the board of lack of good moral character is supported by
clear and convincing evidence.
(c) When an individual is found to be unqualified for examination because of
a lack of good moral character, the board shall furnish such individual a
statement containing the findings of the board, a complete record of the
evidence upon which the determination was based, and a notice of the rights of
the individual to a rehearing and appeal.
(5) The board shall, by rule, designate those types of specialty electrical
or alarm system contractors who may be certified under this part. The limit of
the scope of work and responsibility of a certified specialty contractor shall
be established by board rule. A certified specialty contractor category exists
as an optional statewide licensing category. Qualification for certification
in a specialty category created by rule shall be the same as set forth in
paragraph (2)(a). The existence of a specialty category created by rule does
not itself create any licensing requirement; however, neither does its
optional nature remove any licensure requirement established elsewhere in this
part.
(6) The board shall certify as qualified for certification by endorsement any
individual applying for certification who:
(a) Meets the requirements for certification as set forth in this section;
has passed a national, regional, state, or United States territorial licensing
examination that is substantially equivalent to the examination required by
this part; and has satisfied the requirements set forth in s. 489.521; or
(b) Holds a valid license to practice electrical or alarm system contracting
issued by another state or territory of the United States, if the criteria for
issuance of such license was substantially equivalent to the certification
criteria that existed in this state at the time the certificate was issued.
(7) Upon the issuance of a certificate, any previously issued registered
licenses for the classification in which the certification is issued are
rendered void.
History.--ss. 5, 17, ch. 79-272; ss. 2, 3, ch. 81-318; s. 4, ch. 85-290; ss.
6, 14, ch. 87-254; ss. 5, 21, 23, ch. 88-149; s. 6, ch. 89-343; s. 11, ch.
91-119; s. 4, ch. 91-429; s. 66, ch. 92-149; s. 22, ch. 93-166; s. 273, ch.
94-119; s. 491, ch. 97-103; s. 39, ch. 98-419; s. 24, ch. 99-254.
489.513 Registration; application; requirements.--
(1) Any person engaged in the business of contracting in the state shall be
registered in the proper classification unless he or she is certified. Any
person desiring to be a registered contractor shall apply to the department
for registration and must:
(a) Be at least 18 years old;
(b) Be of good moral character; and
(c) Meet eligibility requirements according to the following criteria:
1. As used in this subsection, the term "good moral character" means a
personal history of honesty, fairness, and respect for the rights of others
and for state and federal law.
2. The board may determine that an individual applying for registration is
ineligible due to failure to satisfy the requirement of good moral character
only if:
a. There is a substantial connection between the lack of good moral character
of the individual and the professional responsibilities of a registered
contractor; and
b. The finding by the board of lack of good moral character is supported by
clear and convincing evidence.
3. When an individual is found to be unqualified because of lack of good
moral character, the board must furnish such individual a statement containing
the findings of the board, a complete record of evidence upon which the
determination was based, and a notice of the rights of the individual to a
rehearing and an appeal.
(2) Any contractor may be registered to contract in the area specified in
such registration if the contractor is qualified as provided in this section.
(3) To be registered as an electrical contractor, an alarm system contractor
I, an alarm system contractor II, or a residential alarm system contractor,
the applicant shall file evidence of holding a current certificate of
competency issued by any municipality or county of the state for the type of
work for which registration is desired, on a form provided by the department,
together with evidence of having passed an appropriate local examination,
written or oral, designed to test skills and knowledge relevant to the
technical performance of the profession, accompanied by the registration fee
fixed pursuant to this part. For any person working or wishing to work in any
local jurisdiction that does not require an examination for its license, the
applicant may apply and shall be considered qualified to be issued a
registration in the appropriate electrical or alarm system category, provided
that he or she shows that he or she has scored at least 75 percent on an
examination which is substantially equivalent to the examination approved by
the board for certification in the category and that he or she has had at
least 3 years' technical experience in the trade. The requirement to take and
pass an examination in order to obtain a registration shall not apply to
persons making application prior to the effective date of this act.
(4) The name or names of the business organization that the registrant is
qualifying shall be listed on the registration issued by the department.
(5) Registration permits the registrant to engage in contracting only in the
area and for the type of work covered by the registration, unless local
licenses are issued for other areas and types of work or unless certification
is obtained. When a registrant desires to register in an additional area of
the state, he or she shall first comply with any local requirements of that
area and then file a request with the department, together with evidence of
holding a current occupational license or license issued by the county or
municipality for the area or areas in which he or she desires to be
registered, whereupon his or her evidence of registration shall be endorsed by
the department to reflect valid registration for the new area or areas.
(6) The local jurisdictions shall be responsible for providing licensure
information, code violation information pursuant to s. 553.781, and
disciplinary information on locally licensed individuals to the board within
30 days after licensure or any disciplinary action, and the board shall
maintain such licensure and disciplinary information as is provided to them,
and shall make such information available through the automated information
system provided pursuant to s. 455.2286.
(7) In order to establish uniformity among the job scopes established by
local jurisdictions, the board shall, by rule, establish the job scope for any
licensure category registered by the board under this part. The board shall
not arbitrarily limit such scopes and shall restrict the job scopes only to
the minimum extent necessary to ensure uniformity.
History.--ss. 6, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 6, 21, 23, ch.
88-149; s. 5, ch. 91-119; s. 4, ch. 91-429; s. 274, ch. 94-119; s. 492, ch.
97-103; s. 26, ch. 98-287; s. 40, ch. 98-419; ss. 2, 25, ch. 99-254; s. 5, ch.
2006-154.
489.514 Certification for registered contractors; grandfathering
provisions.--
(1) The board shall, upon receipt of a completed application, appropriate
fee, and proof of compliance with the provisions of this section, issue:
(a) To an applying registered electrical contractor, a certificate as an
electrical contractor, as defined in s. 489.505(12); or
(b) To an applying registered alarm system contractor, a certificate in the
matching alarm system contractor category, as defined in s. 489.505(2)(a) or
(b); or
(c) To an applying registered electrical specialty contractor, a certificate
in the matching electrical specialty contractor category, as defined in s.
489.505(19).
(2) Any contractor registered under this part who makes application under
this section to the board shall meet each of the following requirements for
certification:
(a) Currently holds a valid registered local license in the category of
electrical contractor, alarm system contractor, or electrical specialty
contractor.
(b) Has, for that category, passed a written, proctored examination that the
board finds to be substantially similar to the examination required to be
licensed as a certified contractor under this part. For purposes of this
subsection, a written, proctored examination such as that produced by the
National Assessment Institute, Block and Associates, NAI/Block, Experior
Assessments, Professional Testing, Inc., or Assessment Systems, Inc., shall be
considered to be substantially similar to the examination required to be
licensed as a certified contractor. The board may not impose or make any
requirements regarding the nature or content of these cited examinations.
(c) Has at least 5 years of experience as a contractor in that contracting
category, or as an inspector or building administrator with oversight over
that category, at the time of application. For contractors, only time periods
in which the contractor license is active and the contractor is not on
probation shall count toward the 5 years required under this subsection.
(d) Has not had his or her contractor's license revoked at any time, had his
or her contractor's license suspended in the last 5 years, or been assessed a
fine in excess of $500 in the last 5 years.
(e) Is in compliance with the insurance and financial responsibility
requirements in s. 489.515(1)(b).
(3) An applicant must make application by November 1, 2004, to be licensed
pursuant to this section.
History.--s. 4, ch. 99-254; s. 39, ch. 2000-372.
489.515 Issuance of certificates; registrations.--
(1)(a) The department shall issue a certificate to a person who the board
certifies is qualified to become a certified contractor.
(b) The board shall certify as qualified for certification any person who
satisfies the requirements of s. 489.511, who successfully passes the
certification examination administered by the department, achieving a passing
grade as established by board rule, and who submits satisfactory evidence that
he or she has obtained both workers' compensation insurance or an acceptable
exemption certificate issued by the department and public liability and
property damage insurance for the health, safety, and welfare of the public in
amounts determined by rule of the board, and furnishes evidence of financial
responsibility, credit, and business reputation of either himself or herself
or the business organization he or she desires to qualify.
(c) Upon compliance with the provisions of this section and payment of the
certification fee, the department shall issue the person a certificate.
(2) The department shall issue a registration to a person who is in
compliance with the provisions of s. 489.513 and who the board certifies is
qualified to be registered.
(3)(a) As a prerequisite to the initial issuance or the renewal of a
certificate or registration, the applicant shall submit an affidavit on a form
provided by the board attesting to the fact that the applicant has obtained
both workers' compensation insurance or an acceptable exemption certificate
issued by the department and public liability and property damage insurance
for the health, safety, and welfare of the public in amounts determined by
rule of the board. The board shall by rule establish a procedure to verify the
accuracy of such affidavits based upon a random audit method.
(b) An applicant for initial issuance of a certificate or registration shall
submit as a prerequisite to qualifying for an exemption from workers'
compensation coverage requirements under s. 440.05 an affidavit attesting to
the fact that the applicant will obtain an exemption within 30 days after the
date the initial certificate or registration is issued by the board.
(4) The board may refuse to certify any applicant who has violated any of the
provisions of s. 489.533.
(5) A certificate or registration is not transferable.
History.--ss. 7, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 7, 14, ch. 87-254;
ss. 7, 21, 23, ch. 88-149; s. 6, ch. 91-119; s. 44, ch. 91-137; s. 4, ch.
91-429; s. 51, ch. 92-149; s. 275, ch. 94-119; s. 493, ch. 97-103; s. 47, ch.
2000-372; s. 33, ch. 2001-91.
489.516 Qualifications to practice; restrictions; prerequisites.--
(1) Any person who desires to engage in electrical or alarm system
contracting on a statewide basis shall, as a prerequisite thereto, establish
his or her competency and qualifications to be certified pursuant to this
part. To establish competency, a person shall pass the appropriate examination
administered by the department. Any person who desires to engage in
contracting on other than a statewide basis shall, as a prerequisite thereto,
be registered pursuant to this part, unless exempted by this part.
(2) No person who is not certified or registered shall engage in the business
of contracting in this state. To enforce this subsection:
(a) The department shall issue a cease and desist order to prohibit any
person from engaging in the business of contracting who does not hold the
required certification or registration for the work being performed under this
part. For the purpose of enforcing a cease and desist order, the department
may file a proceeding in the name of the state seeking issuance of an
injunction or a writ of mandamus against any person who violates any provision
of such order.
(b) A county or municipality may issue a cease and desist order to prohibit
any person from engaging in the business of contracting who does not hold the
required certification or registration for the work being performed under this
part.
(3) When a certificateholder desires to engage in contracting in any area of
the state, as a prerequisite therefor, he or she shall only be required to
exhibit to the local building official, tax collector, or other authorized
person in charge of the issuance of licenses and building or electrical
permits in the area evidence of holding a current certificate, and to pay the
fee for the occupational license and permit required of other persons.
However, a local construction regulation board may deny the issuance of an
electrical permit to a certified contractor, or issue a permit with specific
conditions, if the local construction regulation board has found such
contractor, through the public hearing process, to be guilty of fraud or a
willful building code violation within the county or municipality that the
local construction regulation board represents, or if the local construction
regulation board has proof that such contractor, through the public hearing
process, has been found guilty, in another county or municipality within the
past 12 months, of fraud or a willful building code violation and finds, after
providing notice to the contractor, that such fraud or violation would have
been fraud or a violation if committed in the county or municipality that the
local construction board represents. Notification of and information
concerning such permit denial shall be submitted to the Department of Business
and Professional Regulation within 15 days after the local construction
regulation board decides to deny the permit.
(4) A county or municipality may suspend or deny a locally issued permit when
the local building official, tax collector, or other authorized person
determines that the contractor has failed to obtain both workers' compensation
insurance or an acceptable exemption certificate issued by the department and
public liability and property damage insurance in the amounts determined by
rule of the board.
(5) Notwithstanding any other provision to the contrary, a certified
electrical contractor, registered alarm system contractor I, registered alarm
system contractor II, or alarm system contractor I or alarm system contractor
II that is a certified alarm system contractor is exempt from any local law,
local ordinance, or local code that requires a contractor to be listed or
placarded by a nationally recognized testing laboratory or to be certified by
any regionally or nationally recognized certification organization. However, a
county, municipality, or special district may require any such electrical
contractor or alarm system contractor to provide, at the final inspection of a
fire alarm system, the documentation required by NFPA No. 72, "National Fire
Alarm Code," for installation and monitoring. This subsection does not
prohibit a county, municipality, or special district from requiring compliance
with the Florida Fire Prevention Code or with NFPA No. 72.
History.--ss. 8, 23, ch. 88-149; s. 7, ch. 91-119; s. 4, ch. 91-429; s. 276,
ch. 94-119; s. 189, ch. 94-218; s. 494, ch. 97-103; s. 1, ch. 2006-154.
489.517 Renewal of certificate or registration; continuing education.--
(1) The department shall renew a certificate or registration upon receipt of
the renewal application and fee and proof of meeting all continuing education
requirements.
(2) The department shall adopt rules establishing a procedure for the
biennial renewal of certificates and registrations.
(3)(a) Each certificateholder or registrant shall provide proof, in a form
established by rule of the board, that the certificateholder or registrant has
completed at least 14 classroom hours of at least 50 minutes each of
continuing education courses during each biennium since the issuance or
renewal of the certificate or registration. The board shall by rule establish
criteria for the approval of continuing education courses and providers and
may by rule establish criteria for accepting alternative nonclassroom
continuing education on an hour-for-hour basis.
(b) Each certificateholder or registrant shall provide to the board proof of
completion of the core curriculum courses or passing the equivalency test of
the Building Code Training Program established under s. 553.841, specific to
the licensing category sought, within 2 years after commencement of the
program or of initial certification or registration, whichever is later.
Classroom hours spent taking core curriculum courses shall count toward the
number required for renewal of certificate or registration. A
certificateholder or registrant who passes the equivalency test in lieu of
taking the core curriculum courses shall receive full credit for core
curriculum course hours.
(4)(a) If a certificateholder or registrant holds a license under both this
part and part I and is required to have continuing education courses under s.
489.115(4)(b)1., the certificateholder or registrant may apply those course
hours for workers' compensation, workplace safety, and business practices
obtained under part I to the requirements under this part.
(b) Of the 14 classroom hours of continuing education required, at least 7
hours must be on technical subjects, 1 hour on workers' compensation, 1 hour
on workplace safety, 1 hour on business practices, and for alarm system
contractors and electrical contractors engaged in alarm system contracting, 2
hours on false alarm prevention.
(5) By applying for renewal, each certificateholder or registrant certifies
that he or she has continually maintained the required amounts of public
liability and property damage insurance as specified by board rule. The board
shall establish by rule a procedure to verify the public liability and
property damage insurance for a specified period, based upon a random sampling
method.
(6) The board shall require, by rule adopted pursuant to ss. 120.536(1) and
120.54, a specialized number of hours in specialized or advanced module
courses, approved by the Florida Building Commission, on any portion of the
Florida Building Code, adopted pursuant to part VII of chapter 553, relating
to the contractor's respective discipline.
History.--ss. 8, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 9, 21, 23, ch.
88-149; s. 4, ch. 91-429; s. 277, ch. 94-119; s. 27, ch. 98-287; s. 41, ch.
98-419; s. 1, ch. 2004-76.
489.518 Alarm system agents.--
(1) A licensed electrical or alarm system contractor may not employ a person
to perform the duties of a burglar alarm system agent unless the person:
(a) Is at least 18 years of age or has evidence of a court-approved
declaration of emancipation.
(b) Has successfully completed a minimum of 14 hours of training, to include
basic alarm system electronics in addition to related training including CCTV
and access control training, with at least 2 hours of training in the
prevention of false alarms. Such training shall be from a board-approved
provider, and the employee or applicant for employment shall provide proof of
successful completion to the licensed employer. The board shall by rule
establish criteria for the approval of training courses and providers and may
by rule establish criteria for accepting alternative nonclassroom education on
an hour-for-hour basis. The board shall approve providers that conduct
training in other than the English language. The board shall establish a fee
for the approval of training providers or courses, not to exceed $60.
Qualified employers may conduct training classes for their employees, with
board approval.
(c) Has not been convicted within the last 3 years of a crime that directly
relates to the business for which employment is being sought. Although the
employee is barred from operating as an alarm system agent for 3 years
subsequent to his or her conviction, the employer shall be supplied the
information regarding any convictions occurring prior to that time, and the
employer may at his or her discretion consider an earlier conviction to be a
bar to employment as an alarm system agent. To ensure that this requirement
has been met, a licensed electrical or alarm contractor must obtain from the
Florida Department of Law Enforcement a completed fingerprint and criminal
background check for each applicant for employment as a burglar alarm system
agent or for each individual currently employed on the effective date of this
act as a burglar alarm system agent.
(d) Has not been committed for controlled substance abuse or been found
guilty of a crime under chapter 893 or a similar law relating to controlled
substances in any other state within the 3-year period immediately preceding
the date of application for employment, or the effective date of this act for
an individual employed as a burglar alarm system agent on that date, unless he
or she establishes that he or she is not currently abusing any controlled
substance and has successfully completed a rehabilitation course.
(2)(a) Persons who perform only monitoring are not required to complete the
training required for burglar alarm system agents.
(b) Persons who perform only monitoring at an out-of-state location are not
required to comply with background check requirements.
(c) Persons who perform proprietary burglar alarm system agent duties for
only a single employer, and who do not offer alarm system contracting services
to the public, are not required to comply with background check requirements.
(d) A state-certified electrical contractor, a state-certified alarm system
contractor, a state-registered alarm system contractor, a journeyman
electrician licensed by any local jurisdiction, or an alarm technician
licensed by a local jurisdiction that requires an examination and experience
or training as licensure qualifications, is not required to complete the
training required for burglar alarm system agents. A state-registered
electrical contractor is not required to complete the training required for
burglar alarm system agents, so long as he or she is only doing electrical
work up to the alarm panel.
(e) A nonsupervising employee working as a helper or apprentice under the
direct, on-site, continuous supervision of a state-certified electrical
contractor, a state-registered electrical contractor, a state-certified alarm
system contractor, a state-registered alarm system contractor, a journeyman
electrician licensed by any local jurisdiction, an alarm technician licensed
by a local jurisdiction that requires an examination and experience or
training as licensure qualifications, or a qualified alarm system agent is not
required to complete the training otherwise required and is not required to be
18 years of age or older.
(3) An applicant for employment as an alarm system agent, or an individual
employed as a burglar alarm system agent on the effective date of this act,
may commence or continue employment pending the completion of the required
training and the results of the background check required by this section for
a period not to exceed 90 days after the date of application for employment,
or 90 days after the effective date of this act for individuals currently
employed as burglar alarm system agents. However, the person must work under
the direction and control of a sponsoring licensed electrical or burglar alarm
system contractor pending the completion of the training and the criminal
background check. If an applicant or an individual employed on the effective
date of this act does not complete the training or receive a satisfactory
criminal background check within the 90-day period, the employment must be
terminated immediately.
(4)(a) A licensed electrical or alarm system contractor shall furnish each of
its burglar alarm system agents with an identification card.
(b) The identification card shall be designed in a board-approved format. The
card must include a picture of the agent, must specify at least the name of
the holder of the card and the name and license number of the contractor, and
must be signed by the contractor and by the holder of the card. Each
identification card is valid for a period of 2 years after the date of
issuance. The identification card must be in the possession of each burglar
alarm system agent while engaged in burglar alarm system agent duties.
(c) Each person to whom an identification card has been issued shall be
responsible for the safekeeping thereof and shall not loan, or allow any other
person to use or display, the identification card.
(d) Each identification card must be renewed every 2 years and in a
board-approved format to show compliance with the 6 hours of continuing
education necessary to maintain certification as a burglar alarm system agent.
(e) Each licensed electrical or alarm system contractor must obtain an
updated criminal background check from the Department of Law Enforcement for
each burglar alarm system agent who renews certification.
(5) Each burglar alarm system agent must receive 6 hours of continuing
education on burglar alarm system installation and repair and false alarm
prevention every 2 years from a board-approved sponsor of training and through
a board-approved training course.
(6) Failure to comply with any of the provisions of this section shall be a
disciplinable offense against the contractor pursuant to s. 489.533.
History.--s. 16, ch. 96-298; s. 2, ch. 97-122; s. 46, ch. 98-419; s. 28, ch.
99-7; s. 22, ch. 2000-332; s. 2, ch. 2004-76.
489.5185 Fire alarm system agents.--
(1) A certified unlimited electrical contractor or licensed fire alarm
contractor may not employ a person to perform the duties of a fire alarm
system agent unless the person:
(a) Is at least 18 years of age or has evidence of a court-approved
declaration of emancipation.
(b) Has successfully completed a minimum of 14 hours of initial training, to
include basic fire alarm system technology in addition to related training in
National Fire Protection Association (NFPA) codes and standards and access
control training, with at least 2 hours of training in the prevention of false
alarms. Such training must be from a board-approved provider, and the employee
or applicant for employment must provide proof of successful completion to the
licensed employer. The board, by rule, shall establish criteria for the
approval of training courses and providers. The board shall approve qualified
providers that conduct training in other than the English language. The board
shall establish a fee for the approval of training providers, not to exceed
$200, and a fee for the approval of courses at $25 per credit hour, not to
exceed $100 per course.
(c) Has not been convicted within the last 3 years of a crime that directly
relates to the business for which employment is being sought. Although the
employee is barred from operating as a fire alarm system agent for 3 years
subsequent to his or her conviction, the employer shall be supplied the
information regarding any convictions occurring prior to that time, and the
employer may at his or her discretion consider an earlier conviction to be a
bar to employment as a fire alarm system agent. To ensure that this
requirement has been met, a certified unlimited electrical contractor or
licensed fire alarm contractor must obtain from the Department of Law
Enforcement a completed fingerprint and criminal background check for each
applicant for employment as a fire alarm system agent or for each individual
currently employed on the effective date of this act as a fire alarm system
agent.
(d) Has not been committed for controlled substance abuse or been found
guilty of a crime under chapter 893 or any similar law relating to controlled
substances in any other state within the 3-year period immediately preceding
the date of application for employment, or immediately preceding the effective
date of this act for an individual employed as a fire alarm system agent on
that date, unless the person establishes that he or she is not currently
abusing any controlled substance and has successfully completed a
rehabilitation course.
(2)(a) Any applicant for employment as a fire alarm system agent, or any
individual employed as a fire alarm system agent on the effective date of this
act, who has completed alarm system agent or burglar alarm system agent
training prior to the effective date of this act in a board-certified program
is not required to take additional training in order to comply with the
initial training requirements of this section.
(b) A state-certified electrical contractor, a state-certified fire alarm
system contractor, a state-registered fire alarm system contractor, a
journeyman electrician licensed by any local jurisdiction, or an alarm
technician licensed by a local jurisdiction that requires an examination and
experience or training as licensure qualifications is not required to complete
the training required for fire alarm system agents. A state-registered
electrical contractor is not required to complete the training required for
fire alarm system agents, so long as he or she is only doing electrical work
up to the alarm panel.
(c) A nonsupervising employee working as a helper or apprentice under the
direct, onsite, continuous supervision of a state-certified electrical
contractor, a state-registered electrical contractor, a state-certified fire
alarm system contractor, a state-registered fire alarm system contractor, a
journeyman electrician licensed by any local jurisdiction, an alarm technician
licensed by a local jurisdiction that requires an examination and experience
or training as licensure qualifications, or a qualified fire alarm system
agent is not required to complete the training otherwise required and is not
required to be 18 years of age or older.
(d) A burglar alarm system agent employed by a licensed fire alarm contractor
or certified unlimited electrical contractor who has fulfilled all
requirements of s. 489.518 prior to the effective date of this act is not
required to complete the initial training required by this section for fire
alarm system agents.
(e) Persons who perform only monitoring are not required to complete the
training required for fire alarm system agents.
(3) An applicant for employment as a fire alarm system agent may commence
employment, or an individual employed as a fire alarm system agent on the
effective date of this act may continue employment, pending completion of both
the training and the fingerprint and criminal background checks required by
this section, for a period not to exceed 90 days after the date of application
for employment or 90 days after the effective date of this act for individuals
employed as fire alarm system agents on that date. However, the person must
work under the direction and control of a sponsoring certified unlimited
electrical contractor or licensed fire alarm contractor until completion of
both the training and the fingerprint and criminal background checks. If an
applicant or an individual employed on the effective date of this act does not
complete the training or receive satisfactory fingerprint and criminal
background checks within the 90-day period, the employment must be terminated
immediately.
(4)(a) A certified unlimited electrical contractor or licensed fire alarm
contractor must furnish each of his or her fire alarm system agents with an
identification card.
(b) The card shall follow a board-approved format, to include a picture of
the agent; shall specify at least the name of the holder of the card and the
name and license number of the certified unlimited electrical contractor or
licensed fire alarm contractor; and shall be signed by both the contractor and
the holder of the card. Each identification card shall be valid for a period
of 2 years after the date of issuance. The identification card must be in the
possession of the fire alarm system agent while engaged in fire alarm system
agent duties.
(c) Each person to whom an identification card has been issued is responsible
for the safekeeping thereof, and may not loan, or allow any other person to
use or display, the identification card.
(d) Each identification card must be renewed every 2 years and in a
board-approved format to show compliance with the 6 hours of continuing
education necessary to maintain certification as a fire alarm system agent.
(e) Each licensed electrical or alarm system contractor must obtain an
updated criminal background check from the Department of Law Enforcement for
each fire alarm system agent who renews certification.
(5) Each fire alarm system agent must receive 6 hours of continuing education
on fire alarm system installation and repair and false alarm prevention every
2 years from a board-approved sponsor of training and through a board-approved
training course.
(6) Failure to comply with any of the provisions of this section shall be
grounds for disciplinary action against the contractor pursuant to s. 489.533.
History.--s. 10, ch. 98-170; s. 50, ch. 98-419; s. 40, ch. 2000-372; s. 3, ch.
2004-76.
489.519 Inactive status.--
(1) A certificate or registration that has become inactive may be reactivated
under s. 489.517 upon application to the department. The board may prescribe,
by rule, continuing education requirements as a condition of reactivating a
certificate or registration. The continuing education requirements for
reactivating a certificate or registration may not exceed 12 classroom hours
for each year the certificate or registration was inactive.
(2) Notwithstanding any provision of s. 455.271 to the contrary, a
certificateholder or registrant may apply to the department for voluntary
inactive status at any time during the period of certification or
registration.
(3) The board shall impose, by rule, continuing education requirements for
inactive certificateholders, when inactive status is sought by
certificateholders who are also building code administrators, plans examiners,
or inspectors certified pursuant to part XII of chapter 468.
(4) After January 1, 1999, any person who passes the certification
examination must submit an application either to qualify a business or to
place the person's license on inactive status.
History.--ss. 9, 17, ch. 79-272; s. 373, ch. 81-259; ss. 2, 3, ch. 81-318; ss.
10, 21, 23, ch. 88-149; s. 4, ch. 91-429; s. 278, ch. 94-119; s. 42, ch.
98-419; s. 13, ch. 99-254.
489.520 Automated licensure status information system.--By January 1, 1995,
the department shall implement an automated licensure status information
system for electrical and alarm system contracting. The system shall provide
instant notification to local building departments and other interested
parties, as determined by the board or department, regarding the status of the
certification or registration of any contractor certified or registered
pursuant to the provisions of this part. The provision of such information
shall consist, at a minimum, of an indication of whether the certification or
registration of the contractor applying for a permit is active, of any current
failure of the contractor to make restitution according to the terms of any
final action by the board, of any ongoing disciplinary cases against the
contractor that are subject to public disclosure, and whether there are any
outstanding fines against the contractor.
History.--s. 279, ch. 94-119.
489.521 Business organizations; qualifying agents.--
(1) If an individual proposes to engage in contracting as a sole
proprietorship, certification shall be issued in the name of that individual.
If a fictitious name is used, the applicant shall furnish evidence of
statutory compliance.
(2)(a)1. If the applicant proposing to engage in contracting is a
partnership, corporation, business trust, or other legal entity, other than a
sole proprietorship, the application shall state the name of the partnership
and its partners; the name of the corporation and its officers and directors
and the name of each of its stockholders who is also an officer or director;
the name of the business trust and its trustees; or the name of such other
legal entity and its members. In addition, the applicant shall furnish
evidence of statutory compliance if a fictitious name is used. A joint
venture, including a joint venture composed of qualified business
organizations, is itself a separate and distinct organization that shall be
qualified in accordance with board rules. The registration or certification,
when issued upon application of a business organization, shall be in the name
of the qualifying agent, and the name of the business organization shall be
noted thereon. If there is a change in any information that is required to be
stated on the application, the business organization shall, within 45 days
after such change occurs, mail the correct information to the department.
2. Any person certified or registered pursuant to this part who has had his
or her license revoked shall not be eligible for a 5-year period to be a
partner, officer, director, or trustee of a business organization as defined
by this section. Such person shall also be ineligible to reapply for
certification or registration under this part for a period of 5 years.
(b) The applicant shall also show that the proposed qualifying agent is
legally qualified to act for the business organization in all matters
connected with its electrical or alarm system contracting business and
concerning regulations by the board and that he or she has authority to
supervise electrical or alarm system contracting undertaken by the business
organization.
(c) The proposed qualifying agent shall demonstrate that he or she possesses
the required skill, knowledge, and experience to qualify the business
organization in the following manner:
1. Having met the qualifications provided in s. 489.511 and been issued a
certificate of competency pursuant to the provisions of s. 489.511; or
2. Having demonstrated that he or she possesses the required experience and
education requirements provided in s. 489.511 which would qualify him or her
as eligible to take the certification examination.
(3)(a) The applicant shall furnish evidence of financial responsibility,
credit, and business reputation of the business organization, as well as the
name of the qualifying agent. The board shall adopt rules defining financial
responsibility based upon the business organization's credit history, ability
to be bonded, and any history of bankruptcy or assignment of receivers. Such
rules shall specify the financial responsibility grounds on which the board
may determine that a business organization is not qualified to engage in
contracting.
(b) In the event a qualifying agent must take the certification examination,
the board shall, within 60 days from the date of the examination, inform the
business organization in writing whether or not its qualifying agent has
qualified.
(c) If the qualifying agent of a business organization applying to engage in
contracting, after having been notified to do so, does not appear for
examination within 1 year from the date of filing of the application, the
examination fee paid by it shall be credited as an earned fee to the
department. A new application to engage in contracting shall be accompanied by
another application fee fixed pursuant to this act. Forfeiture of a fee may be
waived by the board for good cause.
(d) Once the board has determined that the business organization's proposed
qualifying agent has qualified, the business organization shall be authorized
to engage in the contracting business. The certificate, when issued, shall be
in the name of the qualifying agent, and the name of the business organization
shall be noted thereon.
(4) As a prerequisite to the initial issuance of a certificate, the applicant
or the business organization he or she qualifies shall submit evidence that he
or she or the business organization has obtained public liability and property
damage insurance for the safety and welfare of the public in an amount to be
determined by board rule.
(5) At least one officer or supervising employee of the business organization
must be qualified under this act in order for the business organization to be
qualified to engage in contracting in the category of the business conducted.
If any individual so qualified on behalf of the business organization ceases
to qualify the business organization, he or she shall notify the board and the
department thereof within 30 days after such occurrence. In addition, if the
individual is the only individual who qualifies the business organization, the
business organization shall notify the board and the department of the
individual's termination, and it shall have a period of 60 days from the
termination of the individual to qualify another person under the provision of
this act, failing which, the board shall determine that the business
organization is no longer qualified to engage in contracting. The individual
shall also inform the board in writing when he or she proposes to engage in
contracting in his or her own name or in affiliation with another business
organization, and the individual, or such new business organization, shall
supply the same information to the board as required for applicants under this
act. After an investigation of the financial responsibility, credit, and
business reputation of the individual or the new business organization and
upon a favorable determination, the board shall certify the business
organization as qualified, and the department shall issue, without
examination, a new certificate in the individual's name, which shall include
the name of the new business organization, as provided in this section.
(6) When a business organization qualified to engage in contracting makes
application for an occupational license in any municipality or county of this
state, the application shall be made with the tax collector in the name of the
business organization, and the license, when issued, shall be issued to the
business organization upon payment of the appropriate licensing fee and
exhibition to the tax collector of a valid certificate issued by the
department.
(7)(a) Each registered or certified contractor shall affix the number of his
or her registration or certification to each application for a building permit
and to each building permit issued and recorded. Each city or county building
department shall require, as a precondition for the issuance of a building
permit, that the contractor applying for the permit provide verification
giving the number of his or her registration or certification under this part.
(b) The registration or certification number of a contractor shall be stated
in each offer of services, business proposal, or advertisement, regardless of
medium, used by that contractor. For the purposes of this part, the term
"advertisement" does not include business stationery or any promotional
novelties such as balloons, pencils, trinkets, or articles of clothing. The
board shall assess a fine of not less than $100 or issue a citation to any
contractor who fails to include that contractor's certification or
registration number when submitting an advertisement for publication,
broadcast, or printing. In addition, any person who claims in any
advertisement to be a certified or registered contractor, but who does not
hold a valid state certification or registration, commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
(8) Each qualifying agent shall pay the department an amount equal to the
original fee for certification or registration to qualify any additional
business organizations. If the qualifying agent for a business organization
desires to qualify additional business organizations, the board shall require
him or her to present evidence of supervisory ability and financial
responsibility of each such organization. Allowing a licensee to qualify more
than one business organization shall be conditioned upon the licensee showing
that the licensee has both the capacity and intent to adequately supervise
each business organization in accordance with s. 489.522(1). The board shall
not limit the number of business organizations which the licensee may qualify
except upon the licensee's failing to provide such information as is required
under this subsection or upon a finding that such information or evidence as
is supplied is incomplete or unpersuasive in showing the licensee's capacity
and intent to comply with the requirements of this subsection. A qualification
for an additional business organization may be revoked or suspended upon a
finding by the board that the licensee has failed in the licensee's
responsibility to adequately supervise the operations of that business
organization in accordance with s. 489.522(1). Failure of the responsibility
to adequately supervise the operations of a business organization in
accordance with s. 489.522(1) shall be grounds for denial to qualify
additional business organizations.
(9) If a business organization or any of its partners, officers, directors,
trustees, or members is disciplined for violating s. 489.533(1), the board
may, on that basis alone, deny issuance of a certificate or registration to a
qualifying agent on behalf of that business organization.
(10)(a) A business organization proposing to engage in contracting is not
required to apply for or obtain authorization under this part to engage in
contracting if:
1. The business organization employs one or more registered or certified
contractors licensed in accordance with this part who are responsible for
obtaining permits and supervising all of the business organization's
contracting activities;
2. The business organization engages only in contracting on property owned by
the business organization or by its parent, subsidiary, or affiliated
entities; and
3. The business organization, or its parent entity if the business
organization is a wholly owned subsidiary, maintains a minimum net worth of
$20 million.
(b) Any business organization engaging in contracting under this subsection
shall provide the board with the name and license number of each registered or
certified contractor employed by the business organization to supervise its
contracting activities. The business organization is not required to post a
bond or otherwise evidence any financial or credit information except as
necessary to demonstrate compliance with paragraph (a).
(c) A registered or certified contractor employed by a business organization
to supervise its contracting activities under this subsection shall not be
required to post a bond or otherwise evidence any personal financial or credit
information so long as the individual performs contracting activities
exclusively on behalf of a business organization meeting all of the
requirements of paragraph (a).
History.--ss. 10, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 11, 21, 23, ch.
88-149; s. 14, ch. 89-162; s. 39, ch. 89-374; s. 45, ch. 91-137; s. 4, ch.
91-429; s. 2, ch. 93-239; s. 280, ch. 94-119; s. 22, ch. 97-98; s. 495, ch.
97-103; s. 43, ch. 98-419; s. 7, ch. 2003-257.
489.522 Qualifying agents; responsibilities.--
(1)(a) A qualifying agent is a primary qualifying agent unless he or she is a
secondary qualifying agent under this section. All primary qualifying agents
for a business organization are jointly and equally responsible for
supervision of all operations of the business organization; for all field work
at all sites; and for financial matters, both for the organization in general
and for each specific job.
(b) When a qualifying agent ceases to qualify a business, the qualifying
agent must transfer the license to another business, qualify himself or
herself as an individual, or place the license in an inactive status within 60
days after termination of the qualifying status with the business.
(2) One of the qualifying agents for a business organization that has more
than one qualifying agent may be designated as the sole primary qualifying
agent for the business organization by a joint agreement that is executed, on
a form provided by the board, by all qualifying agents for the business
organization. The joint agreement shall be submitted to the board for
approval. If the board determines that the joint agreement is in good order,
it shall approve the designation and immediately notify the qualifying agents
of such approval. The designation made by the joint agreement is effective
upon receipt of the notice by the qualifying agents. The qualifying agent
designated for a business organization by a joint agreement is the sole
primary qualifying agent for the business organization, and all other
qualifying agents for the business organization are secondary qualifying
agents.
(a) A designated sole primary qualifying agent has all the responsibilities
and duties of a primary qualifying agent, notwithstanding that there are
secondary qualifying agents for specified jobs. The designated sole primary
qualifying agent is jointly and equally responsible with secondary qualifying
agents for field work supervision.
(b) A secondary qualifying agent is responsible only for:
1. The supervision of field work at sites where his or her license was used
to obtain the building permit; and
2. Any other work for which he or she accepts responsibility.
A secondary qualifying agent is not responsible for supervision of financial
matters.
(c) A primary qualifying agent shall have approval authority for checks,
payments, drafts, and contracts issued by or entered into by the business
organization.
(3)(a) A qualifying agent who has been designated by a joint agreement as the
sole primary qualifying agent for a business organization may terminate this
status as such by giving actual notice to the business organization, to the
board, and to all secondary qualifying agents of his or her intention to
terminate this status. The notice to the board shall include proof
satisfactory to the board that he or she has given the notice required in this
paragraph. The status of the qualifying agent shall cease upon the designation
of a new primary qualifying agent or 60 days after satisfactory notice of
termination has been provided to the board, whichever first occurs. If no new
primary qualifying agent has been designated within 60 days, all secondary
qualifying agents for the business organization shall become primary
qualifying agents, unless the joint agreement specifies that one or more of
them shall become sole qualifying agents under such circumstances, in which
case only they shall become sole qualifying agents.
(b) Any change in the status of a qualifying agent is prospective only. A
qualifying agent is not responsible for his or her predecessor's actions, but
is responsible, even after a change in status, for matters for which he or she
was responsible while in a particular status.
History.--ss. 12, 23, ch. 88-149; s. 4, ch. 91-429; s. 281, ch. 94-119; s.
496, ch. 97-103; s. 41, ch. 2000-372.
489.523 Emergency registration upon death of contractor.--If an incomplete
contract exists at the time of death of a contractor, the contract may be
completed by any person even though not certified. The person shall notify the
appropriate board, within 30 days after the death of the contractor, of his or
her name and address, knowledge of the contract, and ability to complete it.
If the board approves, he or she may proceed with the contract. The board
shall then issue an emergency registration which shall expire upon the
completion of the contract. For purposes of this section, and upon written
approval of the board, an incomplete contract may be one which has been
awarded to, or entered into by, the contractor before his or her death, or on
which he or she was the low bidder and the contract is subsequently awarded to
him or her, regardless of whether any actual work has commenced under the
contract before the contractor's death.
History.--ss. 11, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 13, 21, 23, ch.
88-149; s. 4, ch. 91-429; s. 497, ch. 97-103.
489.525 Report to local building officials.--The department may report to all
building officials the contents of this part and the contents of the rules of
the board. Any information that is available through the Internet or other
electronic means may be excluded from the report.
History.--ss. 11, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 14, 21, 23, ch.
88-149; s. 4, ch. 91-429; s. 44, ch. 98-419.
489.529 Alarm verification calls required.--All residential or commercial
intrusion/burglary alarms that have central monitoring must have a central
monitoring verification call made to the premises generating the alarm signal,
prior to alarm monitor personnel contacting a law enforcement agency for alarm
dispatch. The central monitoring station must employ call-verification methods
for the premises generating the alarm signal if the first call is not
answered. However, if the intrusion/burglary alarms have properly operating
visual or auditory sensors that enable the monitoring personnel to verify the
alarm signal, verification calling is not required.
History.--s. 17, ch. 96-298; s. 3, ch. 97-122; s. 6, ch. 2006-154.
489.530 Audible alarms.--Every audible alarm system installed by a licensed
contractor shall have a device to automatically terminate the audible signal
within 15 minutes of activation. A fire alarm system, whether installed
voluntarily or as a requirement of an adopted code, which employs an audible
fire signal is exempt as required by such code.
History.--s. 18, ch. 96-298; s. 7, ch. 2006-154.
489.531 Prohibitions; penalties.--
(1) A person may not:
(a) Practice contracting unless the person is certified or registered;
(b) Use the name or title "electrical contractor" or "alarm system
contractor" or words to that effect, or advertise himself or herself or a
business organization as available to practice electrical or alarm system
contracting, when the person is not then the holder of a valid certification
or registration issued pursuant to this part;
(c) Present as his or her own the certificate or registration of another;
(d) Use or attempt to use a certificate or registration that has been
suspended, revoked, or placed on inactive or delinquent status;
(e) Employ persons who are not certified or registered to practice
contracting;
(f) Knowingly give false or forged evidence to the department, the board, or
a member thereof;
(g) Operate a business organization engaged in contracting after 60 days
following the termination of its only qualifying agent without designating
another primary qualifying agent;
(h) Conceal information relative to violations of this part;
(i) Commence or perform work for which a building permit is required pursuant
to part VII of chapter 553 without the building permit being in effect; or
(j) Willfully or deliberately disregard or violate any municipal or county
ordinance relating to uncertified or unregistered contractors.
(2) Any person who violates any provision of subsection (1) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(3)(a) Any unlicensed person who violates any of the provisions of subsection
(1) commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(b) Any unlicensed person who commits a violation of subsection (1) after
having been previously found guilty of such violation commits a felony of the
third degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any unlicensed person who commits a violation of subsection (1) during
the existence of a state of emergency declared by executive order of the
Governor commits a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083.
The remedies set forth in this subsection are not exclusive and may be imposed
in addition to the remedies set forth in s. 489.533(2).
(4) Each county or municipality may, at its option, designate one or more of
its code enforcement officers, as defined in chapter 162, to enforce, as set
out in this subsection, the provisions of subsection (1) against persons who
engage in activity for which county or municipal certification is required.
(a) A code enforcement officer designated pursuant to this subsection may
issue a citation for any violation of subsection (1) whenever, based upon
personal investigation, the code enforcement officer has reasonable and
probable grounds to believe that such a violation has occurred.
(b) A citation issued by a code enforcement officer shall be in a form
prescribed by the local governing body of the county or municipality and shall
state:
1. The time and date of issuance.
2. The name and address of the person to whom the citation is issued.
3. The time and date of the violation.
4. A brief description of the violation and the facts constituting reasonable
cause.
5. The name of the code enforcement officer.
6. The procedure for the person to follow in order to pay the civil penalty
or to contest the citation.
7. The applicable civil penalty if the person elects not to contest the
citation.
(c) The local governing body of the county or municipality is authorized to
enforce codes and ordinances against unlicensed contractors under the
provisions of this section and may enact an ordinance establishing procedures
for implementing this section, including a schedule of penalties to be
assessed by the code enforcement officers. The maximum civil penalty which may
be levied shall not exceed $500. Moneys collected pursuant to this section
shall be retained locally as provided for by local ordinance and may be set
aside in a specific fund to support future enforcement activities against
unlicensed contractors.
(d) The act for which the citation is issued shall be ceased upon receipt of
the citation; and the person charged with the violation shall elect either to
correct the violation and pay the civil penalty in the manner indicated on the
citation or, within 10 days of receipt of the citation, exclusive of weekends
and legal holidays, request an administrative hearing before the enforcement
or licensing board or designated special magistrate to appeal the issuance of
the citation by the code enforcement officer.
1. Hearings shall be held before an enforcement or licensing board or
designated special magistrate as established by s. 162.03(2), and such
hearings shall be conducted pursuant to ss. 162.07 and 162.08.
2. Failure of a violator to appeal the decision of the code enforcement
officer within the time period set forth in this paragraph shall constitute a
waiver of the violator's right to an administrative hearing. A waiver of the
right to administrative hearing shall be deemed an admission of the violation
and, penalties may be imposed accordingly.
3. If the person issued the citation, or his or her designated
representative, shows that the citation is invalid or that the violation has
been corrected prior to appearing before the enforcement or licensing board or
designated special magistrate, the enforcement or licensing board or
designated special magistrate shall dismiss the citation unless the violation
is irreparable or irreversible.
4. Each day a willful, knowing violation continues shall constitute a
separate offense under the provisions of this subsection.
(e) A person cited for a violation pursuant to this subsection is deemed to
be charged with a noncriminal infraction.
(f) If the enforcement or licensing board or designated special magistrate
finds that a violation exists, the enforcement or licensing board or
designated special magistrate may order the violator to pay a civil penalty of
not less than the amount set forth on the citation but not more than $500 per
day for each violation. In determining the amount of the penalty, the
enforcement or licensing board or designated special magistrate shall consider
the following factors:
1. The gravity of the violation.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
(g) Upon written notification by the code enforcement officer that a violator
had not contested the citation or paid the civil penalty within the timeframe
allowed on the citation, or if a violation has not been corrected within the
timeframe set forth on the notice of violation, the enforcement or licensing
board or the designated special magistrate shall enter an order ordering the
violator to pay the civil penalty set forth on the citation or notice of
violation, and a hearing shall not be necessary for the issuance of such
order.
(h) A certified copy of an order imposing a civil penalty against an
uncertified contractor may be recorded in the public records and thereafter
shall constitute a lien against any real or personal property owned by the
violator. Upon petition to the circuit court, such order may be enforced in
the same manner as a court judgment by the sheriffs of this state, including a
levy against personal property; however, such order shall not be deemed to be
a court judgment except for enforcement purposes. A civil penalty imposed
pursuant to this part shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to foreclose on a lien
filed pursuant to this section, whichever occurs first. After 3 months from
the filing of any such lien which remains unpaid, the enforcement or licensing
board or designated special magistrate may authorize the local governing
body's attorney to foreclose on the lien. No lien created pursuant to the
provisions of this part may be foreclosed on real property which is a
homestead under s. 4, Art. X of the State Constitution.
(i) This subsection does not authorize or permit a code enforcement officer
to perform any function or duty of a law enforcement officer other than a
function or duty that is authorized in this subsection.
(j) An aggrieved party, including the local governing body, may appeal a
final administrative order of an enforcement or licensing board or designated
special magistrate to the circuit court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before
the enforcement or licensing board or designated special magistrate. An appeal
shall be filed within 30 days of the execution of the order to be appealed.
(k) All notices required by this subsection shall be provided to the alleged
violator by certified mail, return receipt requested; by hand delivery by the
sheriff or other law enforcement officer or code enforcement officer; by
leaving the notice at the violator's usual place of residence with some person
of his or her family above 15 years of age and informing such person of the
contents of the notice; or by including a hearing date within the citation.
(l) For those counties which enact ordinances to implement this subsection
and which have local construction licensing boards or local government code
enforcement boards, the local construction licensing board or local government
code enforcement board shall be responsible for the administration of such
citation program and training of code enforcement officers. The local
governing body of the county shall enter into interlocal agreements with any
municipalities in the county so that such municipalities may by ordinance,
resolution, policy, or administrative order, authorize individuals to enforce
the provisions of this section. Such individuals shall be subject to the
requirements of training as specified by the local construction licensing
board.
(m) Any person who willfully refuses to sign and accept a citation issued by
a code enforcement officer commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(n) Nothing contained in this section shall prohibit a county or municipality
from enforcing its codes or ordinances by any other means.
(o) Nothing in this subsection shall be construed to authorize local
jurisdictions to exercise disciplinary authority or procedures established in
this subsection against an individual holding a proper valid certificate
issued pursuant to this part.
(5) Local building departments may collect outstanding fines against
registered or certified contractors issued by the Electrical Contractors'
Licensing Board and may retain 25 percent of the fines they are able to
collect, provided that they transmit 75 percent of the fines they are able to
collect to the department according to a procedure to be determined by the
department.
(6)(a) The local governing body of a county or municipality, or its local
enforcement body, is authorized to enforce the provisions of this part as well
as its local ordinances against registered contractors, as appropriate. The
local jurisdiction enforcement body may conduct disciplinary proceedings
against a registered contractor and may require restitution or impose a
suspension or revocation of the local license or a fine not to exceed $5,000,
or a combination thereof, against the registered contractor, according to
ordinances which a local jurisdiction may enact. In addition, the local
jurisdiction may assess reasonable investigative and legal costs for the
prosecution of the violation against the registered contractor, according to
such ordinances as the local jurisdiction may enact.
(b) In addition to any action the local jurisdiction enforcement body may
take against the individual's local license, and any fine the local
jurisdiction may impose, the local jurisdiction enforcement body shall issue a
recommended penalty for board action. This recommended penalty may include a
recommendation for no further action or a recommendation for suspension,
revocation, or restriction of the registration or imposition of a fine to be
levied by the board, or a combination thereof. The local jurisdiction
enforcement body shall inform the disciplined registered contractor and the
complainant of the local penalty imposed, the board penalty recommended, the
rights to appeal, and the consequences should the registered contractor decide
not to appeal. The local jurisdiction enforcement body shall, upon having
reached adjudication or having accepted a plea of nolo contendere, immediately
inform the board of its action and the recommended board penalty.
(c) The department, the disciplined registered contractor, or the complainant
may challenge the local jurisdiction enforcement body's recommended penalty
for board action to the Electrical Contractors' Licensing Board. A challenge
shall be filed within 60 days after the issuance of the recommended penalty to
the board. If challenged, there is a presumptive finding of probable cause and
the case may proceed without the need for a probable cause hearing.
(d) Failure of the department, the disciplined registered contractor, or the
complainant to challenge the local jurisdiction's recommended penalty within
the time period set forth in this subsection shall constitute a waiver of the
right to a hearing before the board. A waiver of the right to a hearing before
the board shall be deemed an admission of the violation, and the penalty
recommended shall become a final order according to procedures developed by
board rule without further board action. The disciplined registered contractor
may appeal this board action to the district court.
(e) The department may investigate any complaint which is made with the
department. However, if the department determines that the complaint against a
registered contractor is for an action which a local jurisdiction enforcement
body has investigated and reached adjudication or accepted a plea of nolo
contendere, including a recommended penalty to the board, the department shall
not initiate prosecution for that action, unless the secretary has initiated
summary procedures pursuant to s. 455.225(8).
(f) Nothing in this subsection shall be construed to allow local
jurisdictions to exercise disciplinary authority over certified contractors.
(7) The right to create local boards in the future by any municipality or
county is preserved.
(8) The department may issue a stop-work order for all unlicensed work on a
project upon finding probable cause to believe that electrical or alarm system
work which requires certification or registration is being performed without a
current, valid certificate or registration. Stop-work orders may be enforced
using the procedure and remedies set forth in s. 455.228.
History.--ss. 13, 17, ch. 79-272; ss. 2, 3, ch. 81-318; ss. 8, 14, ch. 87-254;
ss. 16, 21, 23, ch. 88-149; s. 7, ch. 89-343; s. 46, ch. 91-137; s. 118, ch.
91-224; s. 4, ch. 91-429; s. 23, ch. 93-166; s. 282, ch. 94-119; s. 498, ch.
97-103; s. 28, ch. 98-287; s. 40, ch. 2000-154; s. 42, ch. 2000-372; s. 87,
ch. 2004-11; s. 86, ch. 2005-2.
489.5315 Proprietary electrical or alarm contractors.--Businesses that obtain
an electrical or burglar alarm system license to work only on their own
equipment, and that do not offer electrical or alarm contracting services to
the public, are not electrical or burglar alarm system contracting businesses
and do not have to obtain an occupational license in addition to any they are
otherwise required to have.
History.--s. 4, ch. 97-122.
489.532 Contracts entered into by unlicensed contractors unenforceable.--
(1) As a matter of public policy, contracts entered into on or after October
1, 1990, by an unlicensed contractor shall be unenforceable in law or in
equity by the unlicensed contractor.
(a) For purposes of this section, an individual is unlicensed if the
individual does not have a license required by this part concerning the scope
of the work to be performed under the contract. A business organization is
unlicensed if the business organization does not have a primary or secondary
qualifying agent in accordance with this part concerning the scope of the work
to be performed under the contract. For purposes of this section, if no state
or local license is required for the scope of work to be performed under the
contract, the individual performing that work shall not be considered
unlicensed.
(b) For purposes of this section, an individual or business organization
shall not be considered unlicensed for failing to have a business tax receipt
issued under the authority of chapter 205.
(c) For purposes of this section, a contractor shall be considered unlicensed
only if the contractor was unlicensed on the effective date of the original
contract for the work, if stated therein, or, if not stated, the date the last
party to the contract executed it, if stated therein. If the contract does not
establish such a date, the contractor shall be considered unlicensed only if
the contractor was unlicensed on the first date upon which the contractor
provided labor, services, or materials under the contract.
(2) Notwithstanding any other provision of law to the contrary, if a contract
is rendered unenforceable under this section, no lien or bond claim shall
exist in favor of the unlicensed contractor for any labor, services, or
materials provided under the contract or any amendment thereto.
(3) This section shall not affect the rights of parties other than the
unlicensed contractor to enforce contract, lien, or bond remedies. This
section shall not affect the obligations of a surety that has provided a bond
on behalf of an unlicensed contractor. It shall not be a defense to any claim
on a bond or indemnity agreement that the principal or indemnitor is
unlicensed for purposes of this section.
History.--s. 31, ch. 90-228; s. 12, ch. 91-201; s. 4, ch. 91-429; s. 499, ch.
97-103; s. 43, ch. 2000-372; s. 2, ch. 2003-257; s. 8, ch. 2006-154; s. 120,
ch. 2007-5.
489.533 Disciplinary proceedings.--
(1) The following acts shall constitute grounds for disciplinary actions as
provided in subsection (2):
(a) Failure to comply with any provision of chapter 455.
(b) Attempting to procure a certificate or registration to practice
electrical or alarm system contracting by bribery or fraudulent or willful
misrepresentations.
(c) Having a certificate or registration to practice contracting revoked,
suspended, or otherwise acted against, including the denial of licensure, by
the licensing authority of another state, territory, or country.
(d) Being convicted or found guilty of, or entering a plea of nolo contendere
to, regardless of adjudication, a crime in any jurisdiction which directly
relates to the practice of electrical or alarm system contracting or the
ability to practice electrical or alarm system contracting.
(e) Making or filing a report or record which the certificateholder or
registrant knows to be false, willfully failing to file a report or record
required by state or federal law, willfully impeding or obstructing such
filing, or inducing another person to impede or obstruct such filing. Such
reports or records shall include only those which are signed in the capacity
of a certified electrical or alarm system contractor.
(f) Committing fraud or deceit, or negligence, incompetency, or misconduct in
the practice of electrical or alarm system contracting.
(g) Violating chapter 633 or the rules of the State Fire Marshal.
(h) Practicing on a revoked, suspended, inactive, or delinquent certificate
or registration.
(i) Violating the applicable building codes or laws of the state or any
municipality or county thereof.
(j) Performing any act which assists a person or entity in engaging in the
prohibited uncertified and unregistered practice of contracting, if the
certificateholder or registrant knows or has reasonable grounds to know that
the person or entity was uncertified and unregistered.
(k) Knowingly combining or conspiring with any person by allowing one's
certificate to be used by any uncertified person with intent to evade the
provisions of this part. When a certificateholder allows his or her
certificate to be used by one or more companies without having any active
participation in the operations or management of said companies, such act
constitutes prima facie evidence of an intent to evade the provisions of this
part.
(l) Acting in the capacity of a contractor under any certificate or
registration issued hereunder except in the name of the certificateholder or
registrant as set forth on the issued certificate or registration or in
accordance with the personnel of the certificateholder or registrant as set
forth in the application for the certificate or registration or as later
changed as provided in this part.
(m) Committing financial mismanagement or misconduct in the practice of
contracting that causes financial harm to a customer. Financial mismanagement
or misconduct occurs if:
1. A valid lien has been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's
job, the contractor has received funds from the customer to pay for the
supplies or services, and the contractor has not had the lien removed from the
property, by payment or by bond, within 75 days after the date of the lien;
2. A contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price that had
been paid to the contractor as of the time of abandonment, unless the
contractor is entitled to retain the excess funds under the terms of the
contract or refunds the excess funds within 30 days after the date of
abandonment;
3. The contractor's job has been completed and it is shown that the customer
has had to pay more for the contracted job than the original contract price,
as adjusted for subsequent change orders, unless such increase in cost was the
result of circumstances beyond the control of the contractor, was the result
of circumstances caused by the customer, or was otherwise permitted by the
terms of the contract between the contractor and the customer; or
4. The contractor fails, within 18 months, to pay or comply with a repayment
schedule of a judgment obtained against the contractor or a business qualified
by the contractor and relating to the practice of contracting.
(n) Being disciplined by any municipality or county for an act that is a
violation of this section.
(o) Failing in any material respect to comply with the provisions of this
part and the rules adopted pursuant thereto.
(p) Abandoning a project which the contractor is engaged in or is under
contractual obligation to perform. A project is to be considered abandoned
after 90 days if the contractor terminates the project without just cause or
without proper notification to the prospective owner, including the reason for
termination, or fails to perform work without just cause for 90 consecutive
days.
(q) Failing to affix a registration or certification number as required by s.
489.521(7).
(r) Proceeding on any job without obtaining applicable local building
department permits and inspections.
(s) Practicing beyond the scope of a certification or registration.
For the purposes of this subsection, construction is considered to be
commenced when the contract is executed and the contractor has accepted funds
from the customer or lender.
(2) When the board finds any applicant, contractor, or business organization
for which the contractor is a primary qualifying agent or secondary qualifying
agent responsible under s. 489.522 guilty of any of the grounds set forth in
subsection (1), it may enter an order imposing one or more of the following
penalties:
(a) Denial of an application for certification or registration.
(b) Revocation or suspension of a certificate or registration.
(c) Imposition of an administrative fine not to exceed $10,000 for each count
or separate offense.
(d) Issuance of a reprimand.
(e) Placement of the contractor on probation for a period of time and subject
to such conditions as the board may specify, including requiring the
contractor to attend continuing education courses or to work under the
supervision of another contractor.
(f) Restriction of the authorized scope of practice by the contractor.
(g) Require financial restitution to a consumer.
(3) In recommending penalties in any proposed recommended final order, the
department shall follow the penalty guidelines established by the board by
rule. The department shall advise the administrative law judge of the
appropriate penalty, including mitigating and aggravating circumstances, and
the specific rule citation.
(4) The board may not reinstate the certificate or registration of, or cause
a certificate or registration to be issued to, a person who the board has
determined unqualified until it is satisfied that such person has complied
with all the terms and conditions set forth in the final order and is capable
of competently engaging in the business of contracting.
(5) When the board imposes administrative fines pursuant to subsection (2)
resulting from violation of chapter 633 or violation of the rules of the State
Fire Marshal, 50 percent of the fine shall be paid into the Insurance
Regulatory Trust Fund to help defray the costs of investigating the violations
and obtaining the corrective action. The State Fire Marshal may participate at
its discretion, but not as a party, in any proceedings before the board
relating to violation of chapter 633 or the rules of the State Fire Marshal,
in order to make recommendations as to the appropriate penalty in such case.
However, the State Fire Marshal shall not have standing to bring disciplinary
proceedings regarding certification.
(6) The board may restrain any violation of this part by action in a court of
competent jurisdiction.
(7)(a) The department may, by rule, provide for a mediation process for the
complainant and the licensee. Notwithstanding the provisions of chapters 120
and 455, upon receipt of a legally sufficient consumer complaint alleging a
violation of this part, both the licensee and the complainant may consent in
writing to mediation within 15 days following notification of this process by
the department. The department may suspend all action in the matter for 45
days when notice of consent to mediation is received by the department. If the
mediation process is successfully concluded within the 60-day period, the
department may close the case file with a notation of the disposition and the
licensee's record shall reflect only that a complaint was filed and resolved
through mediation. If mediation is rejected by either the complainant or
licensee, or should said parties fail to reach a mediated solution within the
60-day period, the department shall process the complaint in the manner
required by chapters 120 and 455. The mediator shall provide a written report
to the department of the mediation results within 10 days of the conclusion of
the mediation process as provided by rule.
(b) No licensee may avail himself or herself of the mediation process more
than three times without the approval of the board. The board may consider the
subject and the dates of the earlier complaints in rendering its decision. The
board's decision shall not be considered a final agency action and is not
appealable.
(c) The licensee shall bear all costs of mediation.
(d) Mediation shall be conducted according to rules of practice and procedure
for circuit court as adopted by the Supreme Court. The mediator shall be a
certified circuit court mediator.
(e) The department, in conjunction with the board, shall determine by rule
the types of cases which may be included in the mediation process. The
department may initiate or continue disciplinary action, pursuant to chapter
455 and this chapter against the licensee as determined by rule.
History.--ss. 14, 17, ch. 79-272; ss. 2, 3, ch. 81-318; s. 90, ch. 83-329; ss.
9, 14, ch. 87-254; ss. 17, 21, 23, ch. 88-149; s. 42, ch. 90-228; s. 47, ch.
91-137; s. 4, ch. 91-429; s. 283, ch. 94-119; s. 227, ch. 96-410; s. 1134, ch.
97-103; s. 147, ch. 98-166; s. 29, ch. 98-287; s. 45, ch. 98-419; s. 126, ch.
2000-141; s. 206, ch. 2000-160; s. 35, ch. 2001-186; s. 4, ch. 2001-372; s.
512, ch. 2003-261; s. 4, ch. 2005-227.
489.5335 Journeyman; reciprocity; standards.--
(1) An individual who holds a valid, active journeyman license in the
electrical trade issued by any county or municipality in this state may work
as a journeyman in any other county or municipality of this state without
taking an additional examination or paying an additional license fee, if he or
she:
(a) Has scored at least 70 percent, or after October 1, 1997, at least 75
percent, on a proctored journeyman Block and Associates examination or other
proctored examination approved by the board for the electrical trade;
(b) Has completed an apprenticeship program registered with the 1Department
of Labor and Employment Security and demonstrates 4 years' verifiable
practical experience in the electrical trade, or demonstrates 6 years'
verifiable practical experience in the electrical trade;
(c) Has satisfactorily completed specialized and advanced module coursework
approved by the Florida Building Commission, as part of the Building Code
Training Program established in s. 553.841, specific to the discipline, and
successfully completed the program's core curriculum courses or passed an
equivalency test in lieu of taking the core curriculum courses and provided
proof of completion of such curriculum courses or examination and obtained a
certificate from the board pursuant to this part or, pursuant to authorization
by the certifying authority, provides proof of completion of such curriculum
or coursework within 6 months after such certification; and
(d) Has not had a license suspended or revoked within the last 5 years.
(2) A local government may charge a registration fee for reciprocity, not to
exceed $25.
History.--s. 17, ch. 97-228; s. 30, ch. 98-287.
1Note.--Section 69, ch. 2002-194, repealed s. 20.171, which created the
Department of Labor and Employment Security.
489.537 Application of this part.--
(1) This part applies to any contractor performing work for the state or any
county or municipality.
(2)(a) The scope of electrical contracting shall apply to private and public
property and shall include any excavation, paving, and other related work
incidental thereto and shall include the work of all specialty electrical
contractors. However, such electrical contractor shall subcontract the work of
any other craft for which an examination for a certificate of competency or
registration or a license is required, unless such contractor is certified or
registered or holds a license for the respective trade category as required by
the appropriate local authority.
(b) A registered electrical contractor may bid on electrical contracts which
include alarm systems contracting as a part of the contract, provided that the
individual shall subcontract such alarm systems contracting, except raceway
systems, to a properly certified or registered alarm system contractor.
Registered electrical contractors may install raceways for alarm systems.
However, if the registered electrical contractor is properly certified or
registered as an alarm system contractor, the individual is not required to
subcontract out the alarm system contracting.
(3) Nothing in this act limits the power of a municipality or county:
(a) To regulate the quality and character of work performed by contractors
through a system of permits, fees, and inspections which is designed to secure
compliance with, and aid in the implementation of, state and local building
laws or to enforce other local laws for the protection of the public health
and safety. However, a certified alarm system contractor or certified
electrical contractor is not subject to any additional certification or
licensure requirements that are not required by this part.
(b) To collect fees for occupational licenses and inspections for engaging in
contracting or examination fees from persons who are registered with the local
boards pursuant to local examination requirements.
(c) To adopt any system of permits requiring submission to and approval by
the municipality or county of plans and specifications for work to be
performed by contractors before commencement of the work.
(d) To require one bond for each electrical contractor in an amount not to
exceed $5,000, which bond shall be conditioned only upon compliance with the
Florida Building Code adopted pursuant to s. 553.73. Any such bond must be
equally available to all electrical contractors without regard to the period
of time an electrical contractor has been certified or registered and without
regard to any financial responsibility requirements. Any such bonds shall be
payable to the Governor and filed in each county or municipality in which a
building permit is requested. Bond reciprocity shall be granted statewide. All
such bonds shall be included in meeting any financial responsibility
requirements imposed by any statute or rule.
(e)1. To refuse to issue permits or issue permits with specific conditions to
a contractor who has committed multiple violations, when he or she has been
disciplined for each of them by the board and when each disciplinary action
has involved revocation or suspension of a license, imposition of an
administrative fine of at least $1,000, or probation.
2. To issue permits with specific conditions to a contractor who, within the
previous 12 months, has had final action taken against him or her, by the
department or by a local board or agency which licenses contractors and has
reported the action pursuant to paragraph (5)(c), for engaging in the business
or acting in the capacity of a contractor without a license.
(f) To require that one electrical journeyman, who is a graduate of the
Institute of Applied Technology in Construction Excellence or licensed
pursuant to s. 489.5335, be present on an industrial or commercial new
construction site with a facility of 50,000 gross square feet or more when
electrical work in excess of 77 volts is being performed in order to supervise
or perform such work, except as provided in s. 489.503.
(4) Any official authorized to issue building or other related permits shall
ascertain that the applicant contractor is certified or registered and duly
qualified according to any local requirements in the area where the
construction is to take place before issuing the permit. The evidence shall
consist only of the exhibition to him or her of current evidence of proper
certification or registration and local qualification.
(5)(a) Municipalities or counties may continue to provide examinations for
their territorial area, provided that no examination is given the holder of a
certificate.
(b) To engage in contracting in the territorial area, an applicant shall also
be registered with the board.
(c) Each local board or agency which licenses contractors shall transmit
monthly to the board a report of any disciplinary action taken against
contractors and any administrative or disciplinary action taken against
unlicensed persons for engaging in the business or acting in the capacity of a
contractor, including any cease and desist order issued pursuant to s.
489.516(2)(b).
(6) The right to create local boards in the future by any municipality or
county is preserved.
(7) The scope of work of a certified unlimited electrical contractor includes
the work of a certified alarm system contractor as provided in this part.
(8) Persons licensed under this part are subject to ss. 205.0535(1) and
205.065, as applicable.
(9) A registered electrical contractor, an alarm system contractor II
certificateholder, and a registered alarm system contractor II shall be
allowed to install residential smoke detectors or residential heat detectors.
History.--ss. 11, 17, ch. 79-272; s. 374, ch. 81-259; ss. 2, 3, ch. 81-318; s.
2, ch. 87-152; ss. 10, 14, ch. 87-254; ss. 19, 21, 23, ch. 88-149; s. 8, ch.
91-119; s. 4, ch. 91-429; s. 284, ch. 94-119; s. 500, ch. 97-103; s. 31, ch.
98-287; s. 47, ch. 98-419; s. 26, ch. 99-254; s. 127, ch. 2000-141; s. 23, ch.
2000-332; s. 45, ch. 2000-372; ss. 20, 35, ch. 2001-186; s. 4, ch. 2001-372;
s. 6, ch. 2005-147.
489.538 Authority of licensed job scope.--A licensee under this part need not
have a license under part I to perform work within the scope of his or her
license under this part.
History.--s. 37, ch. 90-228; s. 12, ch. 91-201; s. 4, ch. 91-429; s. 501, ch.
97-103.
PART III
SEPTIC TANK CONTRACTING
489.551 Definitions.
489.552 Registration required.
489.553 Administration of part; registration qualifications; examination.
489.554 Registration renewal.
489.555 Certification of partnerships and corporations.
489.556 Suspension or revocation of registration.
489.557 Fees, establishment.
489.558 Penalties and prohibitions.
489.551 Definitions.--As used in this part:
(1) "Department" means the Department of Health.
(2) "Master septic tank contractor" means a septic tank contractor whose
services are unlimited in the septic tank trade who has had at least 3 years'
experience as a Florida-registered septic tank contractor or a plumbing
contractor certified under part I of this chapter who has provided septic tank
contracting services for at least 3 years and who has the experience,
knowledge, and skills to install, maintain, repair, close repairs of, and
alter all types of onsite sewage treatment and disposal systems, to design
onsite sewage treatment and disposal systems, where not prohibited by law, to
perform and submit soil evaluations, when determined to meet site-evaluation
expertise established by rule, and to use materials and items used in the
installation and maintenance of all types of onsite sewage treatment and
disposal systems.
(3) "Onsite sewage treatment and disposal system" means a system that
contains a standard subsurface, filled, or mound drainfield system; an aerobic
treatment unit; a graywater system tank; a laundry wastewater system tank; a
septic tank; a grease interceptor; a dosing tank; a solids or effluent pump; a
waterless, incinerating, or organic waste-composting toilet; or a sanitary pit
privy that is installed or proposed to be installed beyond the building sewer
on land of the owner or on other land to which the owner has the legal right
to install a system. This term does not include package sewage treatment
facilities and other treatment works regulated under chapter 403.
(4) "Septic tank contractor" means a contractor who has the experience,
knowledge, and skill to install, maintain, repair, alter, perform site
evaluations for repairs, when determined to meet site-evaluation expertise
established by rule, and use material and items used in the installation and
maintenance of all kinds of onsite sewage treatment and disposal systems.
History.--ss. 1, 10, ch. 87-310; s. 4, ch. 91-429; s. 7, ch. 93-151; s. 5, ch.
96-303; s. 4, ch. 98-420; s. 234, ch. 99-8.
489.552 Registration required.--A person shall not hold himself or herself
out as a septic tank contractor or a master septic tank contractor in this
state unless he or she is registered by the department in accordance with the
provisions of this part. However, nothing in this part prohibits any person
licensed pursuant to s. 489.105(3)(m) in this state from engaging in the
profession for which he or she is licensed.
History.--ss. 2, 10, ch. 87-310; s. 4, ch. 91-429; s. 6, ch. 96-303.
489.553 Administration of part; registration qualifications; examination.--
(1) Each person desiring to be registered pursuant to this part shall apply
to the department in writing upon forms prepared and furnished by the
department.
(2) The department shall administer, coordinate, and enforce the provisions
of this part, provide qualifications for applicants, administer the
examination for applicants, and be responsible for the granting of
certificates of registration to qualified persons.
(3) The department shall adopt reasonable rules, including, but not limited
to, rules that establish ethical standards of practice, requirements for
registering as a contractor, requirements for obtaining an initial or renewal
certificate of registration, disciplinary guidelines, and requirements for the
certification of partnerships and corporations. The department may amend or
repeal the rules in accordance with the Administrative Procedure Act.
(4) To be eligible for registration by the department as a septic tank
contractor, the applicant must:
(a) Be of good moral character. In considering good moral character, the
department may consider any matter that has a substantial connection between
the good moral character of the applicant and the professional
responsibilities of a registered contractor, including, but not limited to:
the applicant being convicted or found guilty of, or entering a plea of nolo
contendere to, regardless of adjudication, a crime in any jurisdiction which
directly relates to the practice of contracting or the ability to practice
contracting; and previous disciplinary action involving septic tank
contracting, where all judicial reviews have been completed.
(b) Pass an examination approved by the department which demonstrates that
the applicant has a fundamental knowledge of the state laws relating to the
installation and maintenance of onsite sewage treatment and disposal systems.
(c) Be at least 18 years of age.
(d) Have a total of at least 3 years of active experience serving an
apprenticeship as a skilled worker under the supervision and control of a
registered septic tank contractor or a plumbing contractor as defined in s.
489.105 who has provided septic tank contracting services. Related work
experience or educational experience may be substituted for no more than 2
years of active contracting experience. Each 30 hours of coursework approved
by the department will substitute for 6 months of work experience.
Out-of-state work experience shall be accepted on a year-for-year basis for
any applicant who demonstrates that he or she holds a current license issued
by another state for septic tank contracting which was issued upon
satisfactory completion of an examination and continuing education courses
that are equivalent to the requirements in this state. For purposes of this
section, an equivalent examination must include the topics of system location
and installation, site evaluation, system size determinations, disposal of
septage, construction standards for drainfield systems, and the soil-texture
classification system of the United States Department of Agriculture. A person
employed by and under the supervision of a licensed contractor shall be
granted up to 2 years of related work experience.
(e) Have not had a registration revoked, the effective date of which was less
than 5 years before the application.
(5) To be eligible for registration by the department as a master septic tank
contractor, the applicant must:
(a) Have been a registered septic tank contractor in Florida for at least 3
years or a plumbing contractor certified under part I of this chapter who has
provided septic tank contracting services for at least 3 years. The 3 years
must immediately precede the date of application and may not be interrupted by
any probation, suspension, or revocation imposed by the licensing agency.
(b) Take and complete, to the satisfaction of the department, a minimum of 30
hours of approved coursework.
(c) Pass an examination approved by the department which demonstrates that
the applicant has advanced knowledge relating to the installation and
maintenance of onsite sewage treatment and disposal systems, including, but
not limited to, the fundamental knowledge required to close residential repair
jobs, design systems, and perform soil evaluations, when determined to meet
site-evaluation expertise established by rule.
(d) Be reviewed by the department for any major infractions of this chapter
or other law relating to onsite sewage treatment and disposal.
(6) The department shall provide each applicant for registration pursuant to
this part with a copy of this part and any rules adopted under this part. The
department may also prepare and disseminate such other material and
questionnaires as it deems necessary to effectuate the registration provisions
of this part.
History.--ss. 3, 10, ch. 87-310; s. 4, ch. 91-429; s. 8, ch. 93-151; s. 7, ch.
96-303; s. 76, ch. 97-237; s. 27, ch. 98-151; s. 29, ch. 99-7; s. 31, ch.
2000-242; s. 46, ch. 2004-350.
489.554 Registration renewal.--
(1) The department shall prescribe by rule the method for approving
continuing education courses, for renewing annual registration, for approving
inactive status for the late filing of a renewal application, for allowing a
contractor to hold a registration in inactive status for a specified period,
and for reactivating a registration.
(2) At a minimum, annual renewal shall include continuing education
requirements of not less than 12 classroom hours annually for septic tank
contractors and not less than 18 classroom hours annually for master septic
tank contractors. The 18 classroom hours of continuing education required for
master septic tank contractors may include the 12 classroom hours required for
septic tank contractors, but at a minimum must include 6 classroom hours of
approved master septic tank contractor coursework.
(3) A certificate of registration becomes inactive when a renewal application
is not filed in a timely manner. A certificate that has become inactive may be
reactivated under this section by application to the department. A licensed
contractor may apply to the department for voluntary inactive status at any
time during the period of registration.
(4) A master septic tank contractor may elect to revert to the status of a
registered septic tank contractor at any time during the period of
registration. The department shall prescribe by rule the method for a master
septic tank contractor who has reverted to the status of a registered septic
tank contractor to apply for status as a master septic tank contractor.
(5) The department shall deny an application for renewal if the applicant has
failed to pay any administrative penalty imposed by the department if the
penalty is final agency action and all judicial reviews have been exhausted.
History.--ss. 4, 10, ch. 87-310; s. 55, ch. 91-297; s. 4, ch. 91-429; s. 8,
ch. 96-303; s. 5, ch. 98-420; s. 47, ch. 2004-350; s. 7, ch. 2006-252.
489.555 Certification of partnerships and corporations.--
(1) The practice of or the offer to practice septic tank contracting services
by registrants through a parent corporation, corporation, subsidiary of a
corporation, or partnership offering septic tank contracting services to the
public through registrants under this chapter as agents, employers, officers,
or partners is permitted, provided that one or more of the principal officers
of the corporation or one or more partners of the partnership and all
personnel of the corporation or partnership who act in its behalf as septic
tank contractors or master septic tank contractors in this state are
registered as provided by this part, and further provided that the corporation
or partnership has been issued a certificate of authorization by the
department as provided in this section. A registered contractor may not be the
sole qualifying contractor for more than one business that requests a
certificate of authorization. A business organization that loses its
qualifying contractor has 60 days following the date the qualifier terminates
his or her affiliation within which to obtain another qualifying contractor.
During this period, the business organization may complete any existing
contract or continuing contract, but may not undertake any new contract. This
period may be extended once by the department for an additional 60 days upon a
showing of good cause. Nothing in this section shall be construed to mean that
a certificate of registration to practice septic tank contracting shall be
held by a corporation. No corporation or partnership shall be relieved of
responsibility for the conduct or acts of its agents, employees, or officers
by reason of its compliance with this section, nor shall any individual
practicing septic tank contracting be relieved of responsibility for
professional services performed by reason of his or her employment or
relationship with a corporation or partnership.
(2) For the purposes of this section, a certificate of authorization shall be
required for a corporation, partnership, association, or person practicing
under a fictitious name, offering septic tank contracting services to the
public, except that when an individual is practicing septic tank contracting
in his or her own given name, he or she shall not be required to register
under this section.
(3) Each certification of authorization shall be renewed every 2 years. Each
partnership and corporation certified under this section shall notify the
department within 1 month of any change in the information contained in the
application upon which the certification is based.
(4) Disciplinary action against a corporation or partnership shall be
administered in the same manner and on the same grounds as disciplinary action
against a registered septic tank contractor or master septic tank contractor.
(5) When a certificate of authorization has been revoked, any person
authorized by law to provide septic tank contracting services may not use the
name or fictitious name of the entity whose certificate was revoked, or any
other identifiers for the entity, including telephone numbers, advertisements,
or logos.
History.--ss. 5, 10, ch. 87-310; s. 4, ch. 91-429; s. 10, ch. 96-303; s. 52,
ch. 97-98; s. 28, ch. 98-151; s. 6, ch. 98-420.
489.556 Suspension or revocation of registration.--A certificate of
registration may be suspended or revoked upon a showing that the registrant
has:
(1) Violated any provision of this part.
(2) Violated any lawful order or rule rendered or adopted by the department.
(3) Obtained his or her registration or any other order, ruling, or
authorization by means of fraud, misrepresentation, or concealment of material
facts.
(4) Been found guilty of gross misconduct in the pursuit of his or her
profession.
History.--ss. 6, 10, ch. 87-310; s. 4, ch. 91-429; s. 11, ch. 96-303.
489.557 Fees, establishment.--
(1) The department shall, by rule, establish fees as follows:
(a) For septic tank contractor registration:
1. Application and examination fee: not less than $25 or more than $75.
2. Initial registration fee: not less than $50 or more than $100.
3. Renewal of registration fee: not less than $50 or more than $100.
(b) For master septic tank contractor registration:
1. Application and examination fee: not less than $25 or more than $75.
2. Initial registration fee: not less than $50 or more than $100.
3. Renewal of registration fee: not less than $50 or more than $100.
(c) Certification of partnerships and corporations: not less than $100 or
more than $250.
(2) Fees established pursuant to subsection (1) shall be based on the actual
costs incurred by the department in carrying out its registration and other
related responsibilities under this part.
History.--ss. 7, 10, ch. 87-310; s. 4, ch. 91-429; s. 12, ch. 96-303.
489.558 Penalties and prohibitions.--
(1) Any person who violates any provision of this part commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The department may deny a registration if it determines that an applicant
does not meet all requirements of this part or has violated any provision of
this part. Any applicant aggrieved by such denial shall be entitled to a
hearing, after reasonable notice thereof, upon filing a written request for
such hearing in accordance with chapter 120.
History.--ss. 8, 10, ch. 87-310; s. 119, ch. 91-224; s. 4, ch. 91-429; s. 13,
ch. 96-303.
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