As Amended by Chapter
69-1433
As Amended by Chapter
70-849
As Amended by Chapter
75-476
As Amended by Chapter
81-456
As Amended by Chapter
84-495
As Amended by Chapter
92-260
As Amended by Chapter
93-364 (Sec.13 A & E)
As Amended by Chapter 95-
(Sec.13 E)
An act relating to Palm Beach
County; amending Chapter 67-1876, Laws of Florida, as amended, relating to the
Construction Industry Licensing Board of Palm Beach County, amending the scopes
of general, building and residential building contractors; amending the
experience prerequisites of specialty contractors; changing revenue depository;
amending notification of change in status procedures by business organizations;
expanding cause for disciplinary action; providing specified application;
providing an effective date.
Be It Enacted by the Legislature
of the State of Florida:
Section 1. Purpose.
--
It is
hereby declared to be the intent of the Legislature that, in order to safeguard
the life, health, property and public welfare of its citizens, the business of
construction and home improvements is a matter affecting the public interest,
and any person engaging in the business as herein defined shall be required to
establish his competency and qualifications to be certified as herein provided.
Section 2. Definitions as
used in this act. --
(A) "Contractor" means
the person who is qualified for and responsible for the entire project
contracted for and means, except as exempted in this chapter, the person who,
for compensation, undertakes to, submits a bid to, or does himself or by others
construct, repair, alter, remodel, add to, subtract from, or improve any
building or structure, including related improvements to real estate, for others
or for resale to others. A contractor shall hold a certificate of competency as
provided by this chapter before bidding or performing work requiring
certification.
B) "General Contractor"
shall be unlimited as to height,
area and complexity of construction undertaken. A general contractor shall have
the knowledge gained by 5 years of experience in a supervisory capacity under a
general contractor or building contractor, or have been a licensed building
contractor 1 year or a residential building contractor 2 years or shall have an
education and experience equivalent thereto, as defined in this section. A
general contractor shall subcontract to a qualified contractor all work which is
the exclusive work of Plumbing, Electrical, or HARV Contractors, unless such
contractor also holds a certificate of competency of the respective trade
category, provided, that on new site development work, site redevelopment work,
mobile home parks, commercial properties, and utility work within public
rights-of-way and designated easements, the obligation to subcontract shall not
prohibit the general contractor from constructing the main sanitary sewer
collection system and the main water distribution system including the
continuation of utility lines from the mains to a designated termination point
in the right-of-way or easement, after which utility lines shall be constructed
by plumbing contractors. As to mobile home parks, the continuation of utility
lines from the mains are to be considered a part of the main sewer collection
and main water distribution systems. A general contractor may do, contract for,
and take out permits for installing room air conditioners and for the work of
any specialty contractor, as defined herein, except that of air conditioning
contractors, refrigeration contractors, and elevator contractors.
(C) "Building
Contractors" are those whose services are limited to construction,
remodeling, demolition, repair, or improvement of commercial buildings and
single or multiple dwelling residential buildings, neither to exceed three
stories in height, or 36 feet, and accessory use structures in connection
therewith, or those 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. A building contractor shall have the knowledge gained
by not less than 4 years experience in a supervisory capacity under a general
contractor or have been a licensed
residential building contractor for not less than 1 year A Building Contractor
shall subcontract to a qualified contractor all work which is the exclusive work
of Plumbing, Electrical, or HARV Contractors, unless such contractor also holds
a certificate of competency of the respective trade category. A building
contractor may take out permits for installing room air conditioners and for the
work of any specialty contractor within the limits of work of a building
contractor, except that of air conditioning contractors, refrigeration
contractors, or elevator contractors.
(D) "Residential Building
Contractors" are those whose services are limited to construction,
remodeling, demolition, repair or improvement of one, two or three family unit
residences not exceeding two stories in height and accessory use structures in connection therewith. A
residential building contractor shall have the experience, knowledge and skill
gained by not less than 3 years experience in a supervisory capacity under a
general, building or residential contractor or education equivalent thereto, as
defined in this section. A residential building contractor shall subcontract to
a qualified contractor all work which is the exclusive work of Plumbing,
Electrical or HARV Contractors, unless such contractor also holds a certificate
of competency of the respective trade category. A residential building
contractor may take out permits for installing room air conditioners and for the
work of any specialty contractor within the limits of work of a residential
building contractor except that of air conditioning contractors, refrigeration
contractors, or elevator contractors.
(E) "Plumbing
Contractors" are those who can qualify as a master plumber with a minimum
of 7 years experience, 4 of which shall be as a journeyman plumber in a
supervisory capacity with educational equivalency not to exceed 2 years of the
total, who can assume responsible charge and direction of other persons in the
installation of plumbing, which shall mean all work done in connection with the
installation, maintenance, extension and alteration of all piping fixtures,
solar water heating systems, appliances, appurtenances thereto and apparatus or
equipment used in connection with a water supply and sewage disposal system and
who can install, maintain, repair, alter or extend any system of piping, tubing,
vessels, containers, pumps, apparatus and appurtenances in connection with such
pressure piping used for the circulating, transporting, holding or processing of
any vapor, fluid, liquid, semi-liquid or solids, inside of, or attached to, any
building, lot or premises. A plumbing contractor shall subcontract to a
qualified contractor all other work incidental to the work which is specified
herein as being the work of a trade other than that of a plumbing contractor.
(F) "Electrical
Contractors" are those who can qualify as a master electrician with at
least 7 years experience, 4 of which shall be as a journeyman electrician in a
supervisory capacity, with educational equivalency not to exceed 2 years of the
total and who can assume responsible charge and direction of other persons in
the installation, maintenance, extension and alteration of a system for
electrical wiring for lights, heat or power and all appurtenances thereto and
all apparatus or equipment used in connection therewith, including that of room
air conditioning units only, and all electrical specialties. An electrical
contractor shall subcontract to a qualified contractor all other work of a trade
other than that of an electrical contractor.
(G) "HARV (heating,
air conditioning, refrigeration, and ventilation) Contractors" are those
who can qualify with a minimum of 7 years experience in
a supervisory capacity, or who have an education and experience equivalent
thereto, with the educational equivalency not to exceed 2 years of the total, to
perform the following: install, maintain, repair, alter or extend air
conditioning, refrigeration, heating, ventilation, unlimited in horse power or
tons, including all duct systems, boiler and unfired pressure vessel systems,
solar heating and cooling systems and all appurtenances, apparatus or equipment
used in connection therewith, also piping, duct work, insulation of pipes,
vessels and ducts. A HARV contractor shall subcontract to a qualified contractor
all other work incidental to the work which is herein specified as being the
work of a trade other than that of a HARV contractor.
(H) "Specialty
Contractors" are those who can qualify with a minimum of 3 years
experience, 50 percent of which must be in a supervisory capacity, as determined
by the Board, who specialize in one or more of the crafts of the building
construction and related contracting trades whose scope is less than those
contractors defined above and is limited under the certificate of competency.
Specialty contractors shall be as classified and defined in the rules and
regulations of the Construction Industry Licensing Board of Palm Beach County
adopted pursuant to the authority contained in this act.
(I) "Journeymen
Electricians" are those who can qualify with the minimum years experience,
or experience and education as defined below, under the employment of an
electrical contractor, and who only performs work in the electrical trade while
employed by and under the supervision of a certified electrical contractor.
1. Graduation from a registered
four (4) year apprenticeship program, which includes four (4) years' work
experience; or
2. Completion of two (2) years'
attendance in a registered apprenticeship program which includes two (2) years'
work experience and an additional 3 years' practical work experience under the
direct supervision of a state licensed or county certified contractor; or
3. Six (6) years' practical work
experience under the direct supervision of a state licensed or county certified
contractor.
Verification of experience and
education to qualify a journeyman electrician shall be by examination of school
records, contractor verification and by tax records if the Board determines that
contractor verification is not possible.
(J) "Contracting" means
engaging in business as a contractor.
(K) "Board" means the
Construction Industry Licensing Board of Palm Beach County unless the context
otherwise requires.
(L) "Certificate" means
a Certificate of Competency issued by the Board.
(M) "Certification"
means the act of obtaining or holding a Certificate of Competency from the
Board.
(N) "Education
equivalency" means, except as defined for plumbing, electrical
and HARV contractors, that education pertinent to a specific category which
shall be considered in lieu of experience, up to a maximum of one-half of the
total experience required in the applicable category.
(0) A "qualifying
agent" shall mean an owner and/or employee who is regularly employed in a
position of authority, such that he or she can carryout the responsibilities as
outlined in this chapter by a firm he qualifies, which firm shall be actively
engaged in the classification of work for which such qualifying agent is
responsible in exercising direct supervision and control of the qualified firm's
principal construction operation.
(P) "Supervision" shall
mean familiarity with the building plans and site, periodic personal inspection
of the site, and ultimate total responsibility for the work performed.
(Q) "Journeyman
Plumbers" are those who can qualify with the minimum of experience, or
experience and education as defined below, under the employment of a plumbing
contractor, and who only performs work in the plumbing trade while employed by
and under the supervision of a certified plumbing contractor:
1. Completion of three (3) full
years of a registered apprenticeship program which includes three (3) years'
work experience; or
2. Four (4) years of full-time
practical work experience under the direct supervision of a state licensed or
county certified contractor.
Verification of experience to
qualify a journeyman plumber shall be by examination of school records,
contractor verification, and by tax records if the Board determines that
contractor verification is not possible.
(R) "Chapter" means
Chapter 67-1876, Laws of Florida, as amended, unless the context otherwise
requires.
(S) "Employee" 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
worker's compensation, all as prescribed by law.
Section 3. Construction Industry
Licensing Board of Palm Beach County, organization, meetings, powers, duties. --
(A) The Construction Industry
Licensing Board of Palm Beach County is hereby created and composed of the
following: two general contractors, one contractor who is primarily engaged in
the business of furnishing those services to which a building contractor is
limited, one contractor who is primarily engaged in the business of furnishing
those services to which a residential contractor is limited, one electrical
contractor, one plumbing contractor, one HARV contractor, one roofing
contractor, one swimming pool contractor, one architect, one engineer, and one
full-time building official, employed by a local government within Palm Beach
County who meets the requirements of the Building Officials Association of
Florida. All members of the Board shall be appointed by the Palm Beach County
Board of County Commissioners.
(B) To be eligible for
appointment each contractor member shall be:
(1) Actively engaged in the
construction business in Palm Beach County and have held a certificate of
competency in his name and have been so engaged for a period of not less than 5
consecutive years immediately before the date of his appointment, and be a
resident of Palm Beach County. The architect and engineer member shall be
licensed in the State of Florida and be a resident of Palm Beach County.
(2) Each member of the Board
except the Building Official shall hold a valid certificate issued by this Board
or the state of Florida in addition to having the qualifications required in
subsection (B) (1) above.
(3) In the event that any member
of the Board no longer possesses the qualifications required in subsection (B)
(1) and (B) (2) above, said member may be suspended or removed as a member of
the Board upon a majority vote. If a member fails to attend three successive,
regular scheduled meetings he may be removed by a majority vote of the Board.
(C) All terms of office expire on
September 30 of the last year of the term. As the terms of members expire, the
Board of County Commissioners shall appoint a member to fill the vacancy for a
term of 3 years, but no member shall serve for more than two 2 consecutive terms
but may be reappointed after a three (3) year hiatus. Vacancies in the
membership of the board for any cause shall be filled by appointment by the
Board of County Commissioners for the balance of the unexpired term.
(D) The Board shall meet
regularly as the need presents itself. As soon as practicable after the
effective date of this act, the Board shall meet to elect officers from its
membership, whose terms shall expire on September 30 and annually thereafter.
Special meetings by the Board may be held as the Board provides in its rules and
regulations. Six members of the Board constitutes a quorum.
(E) The Board is authorized to
adopt rules and regulations to carry out provisions of this chapter.
(F) The Board may from time to
time change, alter, or amend the rules and regulations adopted, provided that
public notice is given and that a public hearing is held. Such notice shall be
given not less than 10 days prior to the date of the hearing and shall be
published in a newspaper of general circulation in Palm Beach County.
(G) The Board is autonomous
regarding local licensure and discipline of local contractors and is authorized
to interview and approve appointment of its Director through representation on
the hiring selection committee and to employ personnel and incur expenses as
necessary to perform its duties and enforce this chapter and shall sue and be sued
in its official name. The Board of County Commissioners shall provide staff to
serve the needs of the Licensing Board.
(H) Any member of the Board or
duly appointed hearing officer designated by the Board may administer oaths and
take testimony about all matters within the jurisdiction of the Board. The Board
may also compel the attendance of witnesses by subpoena.
(I) The Board shall adopt a seal
for its use containing the words, "Construction Industry Licensing Board of
Palm Beach County."
Section 4. Funds. --
All
revenue received by virtue of this act shall be deposited into the account of
the Planning, Zoning and Building Department. The Board of County Commissioners
shall provide funds necessary to meet the expenses of the Board, necessary to
carry out the functions of this chapter.
Section 5. Certification. --
(A) To obtain a certificate of
competency an applicant shall submit a complete application in writing to the
Board containing the statement that the applicant desires the issuance of a
certificate and the class of certificate desired on a form containing the
information prescribed by the Board. All applicants must be of good moral
character and 18 years of age or older.
(B) The application shall contain
the following:
(1) Evidence in the form of
affidavits from former employers, building officials, school officials, or other
persons to verify the required experience and education.
(2) A credit report that includes
a search of the public records on the applicant from a nationally recognized
credit agency and mailed directly to the Board from the credit agency.
(3) Any other pertinent
information prescribed by the Board by rule or regulation.
(C) (1) Examinations shall be
held at times and places within the county as the Board determines, but there
shall be offered at least one examination every 3 months. A maximum of four
examinations in a category may be taken in a 12-month period, but examinations
may not be rescheduled until 60 days have elapsed. Each applicant shall take an
objective written examination about his fitness for a certificate in the
category for which application is made. This shall be a type of examination for
each of the categories which shall apply to the type of work covered by the
certificate applied for. The examination shall cover knowledge of basic
principles of contracting and construction applicable to the category for which
a certificate is requested. The Board may authorize applicants for specialty
contractors and journeymen certificates to complete the examination requirements
by taking and passing an oral examination.
(2) A passing grade on the
examination is 75 percent.
(D) Following receipt of the fee
and a complete application the Board shall investigate the applicant's financial
responsibility, credit reputation, education, experience, and business
reputation, and the business reputation of any business agency on behalf of
which the applicant proposes to engage in contracting. If the applicant is
approved by the Board the applicant shall be notified to appear for an
examination. Within 30 days from the date of the examination, the Board shall
inform the applicant in writing whether or not he has qualified, and, if the
applicant has qualified, that it is ready to issue a certificate in the category
for which application was made, subject to compliance with the requirements of
subsection (F) of this section.
(E) Applicants who contract in
violation of this act before certification by the Board or passing the
examination may be disqualified upon a majority vote of the Board. Applicants
violating examination and examination review rules such as unauthorized removal
of examinations or questions from exam room, or cheating during examinations
also may be disqualified by a majority vote of the Board.
(F) As a prerequisite to issuance
of a certificate, the Board shall require the applicant to submit satisfactory
evidence that he has obtained public liability insurance, workers compensation
or an accepted exemption form as required by the Florida Workers Compensation
Law and a license bond, plus the payment of the issuing fee in amounts to be
determined by the Board. The certificate shall then be issued forthwith, but
this subsection does not apply to the issuance or renewal of inactive
certificates.
(G) If an applicant for an
original certificate, after having been notified to do, so, does not appear for
examination within 60 days from the date of filing his application, the fee paid
by him shall be credited to the Board as an earned fee. New application for a
certificate shall be accompanied by another application fee fixed by the Board.
(H) When a certificate holder
desires to engage in contracting in any area of the county, within or without a
municipality, as a prerequisite therefore, he shall only be required 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 accompanied by the fee for the Business Receipt Tax and building permit required of other persons.
(I) A certified journeyman shall
only be required to hold a current certificate of competency in order to engage
in his trade as a journeyman in any municipality or unincorporated area within
Palm Beach County.
(J) The certificate shall not be
transferable.
(K) The Board may adopt rules
prescribing procedures for the certification of contractors and journeymen by
reciprocal agreement.
(L) Upon the effective date of
this act, any person licensed or otherwise permitted to engage in business as a
contractor by reciprocal agreements in any municipality or any unincorporated
area of Palm Beach County may continue to engage in business as a contractor in
the particular municipality or municipalities or unincorporated areas of Palm
Beach County in which he is presently engaged in business without taking the
examination under this act, but he shall not be permitted to engage in business
as a contractor in other areas of Palm Beach County unless he first obtains a
certificate from the Board or satisfies the requirements of such municipality or
unincorporated area.
Section 6. Business
Organizations.--
(A) When an individual proposes
to do business in his own name, certification, when granted, shall be issued
only to that individual.
(B) If the applicant is proposing
to qualify a business organization formed as a
partnership, corporation, business trust or other legal entity, the applicant
shall state the name of the partnership and of its partners or the name of the
corporation and its officers and directors, or the name of the business trust
and its trustees, or the name of such other legal entity and its members, and
furnish evidence of statutory compliance if for a corporation or other business
entity using a fictitious name. Such application shall also show that the
applicant is legally qualified to act for the business organization in all
matters connected with its contracting business, and that he has authority to supervise
construction undertaken by such business organization. When approved, the
certificate of competency shall be in the name of the qualifying individual and
the name of the business organization shall be noted thereon.
(C) (1) At least one member or
supervising employee of the business organization shall be qualified under this
law in order for the business organization to be qualified by a current
certificate of competency in the category of the business conducted for which
the member or supervising employee is qualified. If any individual so qualified
on behalf of such business organization ceases to continue such affiliation with
that business organization, he shall inform the Board as provided for in section
9(B). In addition, if such individual is the only qualified individual
affiliated with the business organization, the business organization shall
notify the Board of the individual's termination and shall have a period of 90
days from the termination of the individual's affiliation with the business
organization in which to qualify another person under the provisions of this
act, failing which the certification of the business organization shall
automatically become inactive. During the aforesaid 90-day period, the business
organization shall be authorized to perform work only for such as had been
contracted for and for which permits had been issued by the proper legal
authority, and shall not be authorized to contract or secure additional permits
until a qualifying individual is obtained and a certificate of competency issued
acting for the business organization. Prior to any change in the status of a
business organization as to ownership, qualification, affiliation, or name, an
application for such change shall be delivered to the Board for its
consideration. Failure to do so shall subject the certificate holder to the
penalties and disciplinary provisions outlined in Sections 10 and 11 of this
act.
(2) After
investigation of the financial responsibility, credit reputation and business
reputation of the individual, his existing or prior firms or the new business
organization, and upon favorable determination, the Board shall forthwith issue a new certificate
in the individual's name, and the name of the business organization shall be
noted thereon, as provided above, subject to compliance with Section 5(F) of
this act.
(D) In order to qualify more than
one business organization, the qualifying agent shall be a principal
stockholder, partner or owner of the subsequent business organization. Any
certified contractor applying to qualify more than one firm must appear before
the Board to show cause why he should be granted an additional certificate of
competency.
(E) Certified contractors may be
denied requalification until documented complaints by consumers or building
officials are corrected or resolved.
Section 7. Renewal.--
(A) Certificates shall expire
annually at midnight on September 30th unless issued biennially. Failure to
renew the certificate during September shall cause the certificate to become
inoperative, and it is unlawful thereafter for any person to engage or offer to
engage or hold himself out as engaging in contracting under the certificate
unless the certificate is restored or reissued.
(B) A certificate which is
inoperative because of failure to renew shall be restored on payment of the
proper renewal fee and late fees if the application for restoration is made
within 180 days after September 30th. If the application for restoration is not
made within the 180-day period but before the next September 30th, the fee for
restoration shall be applicable at the time the application for restoration is
made plus late fees. If the application for restoration is not made before the
next October 30th the fee for restoration shall be equal to the application fee,
and in addition the board may require reexamination of the applicant. A
certificate which is not renewed within 2 full years after expiration may not be
renewed, restored or reinstated except by reapplication and reexamination.
(C) A person who holds a valid
certificate from the Board may go on inactive status, during which time he shall
not engage in contracting but may retain his certificate on an inactive basis on
payment of an annual renewal fee during the inactive period, not to exceed $100.00 per
year. An inactive certificate can be activated only by application to and
approval of the Board on the proper forms.
Section 8. Board fees. --
(A) The initial application fee
for a certificate shall be fixed by the Board not to exceed $500.00.
(B) The annual renewal fees shall
be fixed by the Board not to exceed fifty percent of
the above amounts.
(C) The Board shall periodically
adjust fees so that the revenue received by the Board approximates the Board's
annual expenses.
Section 9. Records.--
(A) All information required by
the Board of any applicant for certification shall be a public record, except
financial information, credit information, examination papers and examination
grades which are confidential and shall not be discussed with anyone except
members of the Board and its staff, but the applicant is entitled to see his
examination papers and grades. An applicant must waive in writing the
confidentiality of his examination and grades for the purpose of discussion at
meetings of the Board.
(B) If a certificate holder
changes his name style, address or business organization affiliation from that
which appears on his current certificate, he shall notify the Board in writing
of the change within 10 days after it occurs.
(C) All examination papers shall
be retained for a period of time as established by the Records Retention
requirements of Palm Beach County or the State of Florida, as applicable.
Section 10. Prohibited
activities, penalties.--
(A) It is unlawful for any person
to engage in the business or act in the capacity of a contractor without having
met the provisions of this act.
(B) It is unlawful for a person
who is required to possess a certificate of competency, but who does not possess
a current certificate of competency to perform the following:
(1) To advertise to the public in
a newspaper ad, airwaves transmission, or a telephone directory, or by issuance
of a card, or otherwise, that he is a contractor, or is qualified to engage in
business as a contractor, or
(2) To hold himself
out as a contractor whether as a plaintiff, defendant
or witness in any court in this county.
(C) It is unlawful for a
contractor or a qualified business organization to fail to identify any of his
or its vehicles used to transport materials and equipment to a job site.
Identification shall be effectuated by placing upon said vehicles, in a
permanent manner, the contractor's or business organization's identification, by
name or symbol and certificate of competency number, in at least two locations
in at least 2 inch letters.
(D) It is unlawful for a
contractor to fail to include his certificate of
competency number in any advertising to the public in a newspaper, magazine or
other periodical, or telephone directory display ad, airwaves transmission,
business card, pamphlet, or other advertising medium announcing, advertising, or
promoting services regulated pursuant to this chapter, excluding a single line
listing in a telephone directory.
(E) Any person who violates any
provision of this chapter or fails to appear after being duly subpoenaed or
commits any of the acts constituting cause for disciplinary action as herein set
forth is guilty of a first degree misdemeanor and upon conviction thereof shall
be punished as provided by law.
Section 11. Revocation,
suspension, or probation of certificate. --
(A) On its own motion or on the
verified written complaint of any person, the Board may investigate the action
of any contractor or journeyman certified under this chapter and hold hearings.
The Board may take appropriate disciplinary action if the contractor or
journeyman is found to be guilty of or to have committed any one or more of the
acts or omissions constituting cause for disciplinary action set out herein or
adopted as rules or regulations by the Board.
(B) The following acts constitute
cause for disciplinary action:
(1) Willful or deliberate
disregard and violation of the applicable
building codes or laws of any municipality, county or the State of Florida.
(2) Aiding or abetting any
uncertified person or business organization to evade
any provision of this chapter.
(3) Knowingly combining or
conspiring with an uncertified person with intent to evade the provisions of
this chapter. When a certificate holder allows his certificate to be used by one
or more business organizations without having any active participation in the
operation, management or control of said business organizations this shall
constitute prima facie evidence of an intent to evade the provisions of this
chapter.
(4) Acting in the capacity of a
contractor in any name other than that on the certificate and/or different from
the scope of work for which he is certified to perform.
(5) Diversion of funds or
property received for prosecution or completion of
a specified construction project or operating where, as a result of the
diversion the contractor is or will be unable to fulfill the terms of his
obligations or contract.
(6) Failure in any material
respect to comply with the provisions of this chapter.
(7) Failure to maintain insurance
coverage as set by the Board, or required by state or federal regulations.
(8) Falsification of application
or testimony given before the Board.
(9) Abandonment of a construction
project in which the contractor is engaged or under contract as a contractor. A
project shall be considered abandoned after 30 days if the contractor terminates
the project without written notification to the owner or the prospective owner
and without just cause, or fails to substantially perform work under the
contract.
(10) 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 material which results in a financial
loss to the owner, purchaser or another contractor, or falsely indicating that
workers' compensation and public liability insurance are provided.
(11) A finding of proof and
continued evidence that the certificate holder is guilty of fraud or deceit,
gross negligence, incompetency and misconduct in the practice of contracting.
(12) Subcontracting any work to any
person, firm or business organization not holding a certificate of competency
for work involved in the subcontract.
(13) obtaining a permit for any work
in which the certificate holder does not actually supervise, direct and control
the construction or installation covered by such permit.
(14) Being convicted or found
guilty, regardless of adjudication, of a crime in any jurisdiction which
directly relates to the practice of contracting or the ability to practice
contracting.
(15) Failure to satisfy, within a
reasonable time, the terms of a civil judgment obtained against the licensee
relating to the practice of the licensee's profession.
(C) The Board is authorized to take
the following disciplinary action:
(1) Suspend the certificate holder
from all operations as a contractor during the period fixed by the Board but the
Board may permit the certificate holder to complete any contracts then
uncompleted.
(2) Revoke a
certificate.
(3) Impose an
administrative fine or penalty not to exceed $1,500, which shall be recoverable by
the Board only in an action at law.
(4) Place the
certificate holder on probation for a
period fixed by the Board.
(5) May order reimbursement or
restitution.
(D) After suspension of the
certificate on any grounds set forth in this section, the Board may remove the
suspension on proof of compliance by the contractor with all conditions prescribed by the
Board for removal of suspension or, in the absence of such conditions, as in the
sound discretion of the Board.
(E) After revocation of a
certificate, the certificate shall not be renewed
or reissued for at least 1 year after revocation and then only on a showing of
rehabilitation of the contractor.
(F) The lapse or suspension of a
certificate by operation of law or by order of the Board or court, or its
voluntary surrender by a certificate holder, does not deprive the Board of
jurisdiction to investigate or act in disciplinary proceedings against the
certificate holder.
(G) After the filing of a
petition in bankruptcy, except Chapter 11 of the Federal Bankruptcy Code, either
voluntarily or involuntarily, or the making of a composition of creditors or the
appointment of a receiver for the business of the certificate holder, the
certificate shall be automatically suspended.
(H) The Board may enjoin any
violation of this act by action in a court of competent jurisdiction.
Section 12. Application.--
(A) Nothing in this act limits
the power of a municipality or county to regulate the quality and character of
work performed by contractors through a system of permits, fees, and inspections
which are designed to secure compliance with and aid in implementation of state
and local building laws or to enforce other local laws for the protection of the
public health and safety.
(B) Nothing in this act limits
the power of a municipality or county to collect Business Receipt Tax and
inspection fees for engaging in contracting.
(C) Nothing in this act limits
the power of a municipality or county to adopt any system of permits requiring
submission to and approval by a municipality or county of plans and
specifications for work to be performed by contractors before commencement of
the work.
(D) Any official authorized to
issue building or other related permits shall ascertain that the applicant
contractor is duly certified before issuing the permit. The evidence shall
consist only of the exhibition to him of current evidence of certification.
(E) A municipality may provide an
examination for its territorial area; provided, however, that certification as
provided in this act shall in any event entitle the contractor to engage in the
business and act in the capacity of contractor in all areas of the county
including any such municipality, upon payment of any occupational fees required.
(F) This act applies to any
contractor performing work for the state, county,
municipality, or any other political subdivision thereof as well as work for
private persons. They are required to determine compliance with this act before
giving a commencement order on any of their contracts for construction,
improvement, remodeling, repair or demolition.
(G) If an
incomplete contract exists at the time of the death of a contractor, the
contract may be continued and completed by any person even though not certified.
However, an alternate contractor shall be qualified within a period of 90 days
after the initial contractor's death. Such a person shall notify the Board
within 30 days after the death of the contractor of his name and address. For
purposes of this subsection, an incomplete contract is one which has been
awarded to, or entered into by the contractor before his death.
Section 13. Exemptions. -- This
act does not apply to:
(A) Contractors in work on
bridges, roads, streets, highways, or railroads and services incidental thereto.
(B) Except journeymen, any
employee of a licensee who is a subordinate of such licensee if the employee
does not hold himself out for hire or engage in contracting except as an
employee.
(C) An authorized employee of the
United States, the State of Florida, any municipality or county, or other
municipality or political corporation or subdivision of this state as long as
the employee does not hold himself out for hire or otherwise engage in
contracting.
(D) An officer appointed by a
court when he is acting within the scope of his office as defined by law or
court order. When construction projects are undertaken which were not under way at the time of the officer's
appointment by the court the officer shall employ or contract with a certificate
holder.
(E) Public utilities, including
telecommunications companies as defined in s. 364.02(7), Florida Statutes. and
franchised cable television operators, 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, and is
incidental to their business.
(F) The sales or installation of
finished articles of merchandise or material which is not actually fabricated
into and does not become a permanent fixed part of the structure and does not
require a building permit. This exemption shall not include in-ground or
above-ground swimming pools with a capacity in excess of 500 gallons, or the
treatment of water in commercial and residential pools. This exemption shall not
apply to trades requiring certification.
(G) An owner/builder as
hereinafter defined, of residential property who constructs a residential
improvement thereon for his own use and occupancy. An owner/builder is defined
as a natural person (not a corporation, partnership, firm or association) who
performs and supervises work in connection with the construction, care of
alteration of a single family or duplex residential structure for his or her
private occupancy. In all actions brought under this part, proof of sale or
lease, or of offering for sale or lease, of more than one structure by the
owner/builder within 1 year of completion of same, is prima facie evidence that
such structure was undertaken for purposes of sale or lease. When a building
permit is issued under this exemption for construction of a single family or
duplex residential structure, no other building permit shall be issued to that
owner/builder, the owner/builder's spouse or any member of the owner/builder's
immediate family under 18 years of age until 1 year after the home or duplex
built under the first building permit has received a certificate of occupancy.
This 1-year period shall not apply in the event that the original structure is
damaged or destroyed by a natural disaster or is taken through condemnation by a
public body, nor shall it preclude the issuance of permits for repairs,
additions and appurtenances to the original home or duplex.
(H) Any construction, alteration,
improvement or repair carried on within the limits of any site the title to
which is in the United States, or to any construction, alteration, improvement
or repair on any project where federal law supersedes this chapter.
(I) Any construction or operation
incidental to the construction or repair of irrigation and drainage ditches or
water control districts, or other
similar type of district, or clearing or other work on rural land for fire
prevention purposes or otherwise.
(J) Any person who furnishes only
materials or supplies without fabricating them
into or otherwise expending them in the performance of the work of the
contractor, except the treatment of water in commercial and residential pools.
Section 14. Invalidity of this
act. -- If any part of this act is held invalid or inoperative, it shall not
affect the validity of the rest of the act.
Section 15.
All laws in conflict with this are hereby repealed.
Section 16. This act
shall take effect upon becoming a law.
|
AMERICAN DISABILITIES
ACT INFORMATION
IN ACCORDANCE WITH THE AMERICAN
DISABILITIES ACT, THIS DOCUMENT MAY BE REQUESTED IN AN ALTERNATE
FORMAT. CONTACT THE CONTRACTORS
CERTIFICATION OFFICE AT (561)
233-5525 FOR FURTHER
INFORMATION. |
<<Back to Contractors Certification | top>>