03-11-1997 iris Nr►
CITY OF EDGEWATER
CONSTRUCTION REGULATION BOARD
CONFERENCE ROOM, COMMUNITY DEVELOPMENT
TUESDAY, MARCH 11, 1997
7:00 P.M.
COMMUNITY DEVELOPMENT AGENDA 139 EAST PARK AVENUE
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES January 28, 1997
UNFINISHED BUSINESS None at this time
NEW BUSINESS
1) Review the Report of Construction Industry Study
Committee (Board Members please bring copy of report
provided to you at the January 28, 1997 meeting)
ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision
made with respect to any matter considered at a meeting or hearing, that
individual will need a record of the proceedings and will need to insure that a
verbatim record of the proceedings is made.
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FAKE '' DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION
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'O-'� !C d� Lawton Chiles,Governor Richard T.Farrell,Secretary
COD WE't '
MEMORANDUM
TO: Building Code Administrators
FORM: Arnaldo L.Abreu, Chairman
Electrical Contractors Licensing Board
RE: Construction Industry Study Committee
Recommendation: Merger of CILB and ECLB
DATE: February 3, 1997
The December 1996 Construction Industry Study Committee report recommends merger of the
Electrical Contractors Licensing Board and Construction Industry Licensing Board. The
electrical and alarm industry would be represented by one member each. The Electrical
Contractors Licensing Board opposes this merger.
The Electrical Contractors Licensing Board currently regulates 8,250 licensed contractors in 17
different licensure categories, reviews approximately 1,000 examination applications and 200
continuing education courses each year, presides over 200 disciplinary cases annually, and
approve legislative and rule changes to meet current industry standards. All this is accomplished
while operating below our fiscal budget which currently contains a cash balance of approximately
$1,500,000.
The Electrical Contractors Licensing Board feels very strongly this recommendation will hurt the
electrical and alarm industry. Since our industry is very technical, it would not be possible for
only two members of the Construction Industry Licensing Board to handle the above described
workload in an efficient, knowledgeable, and timely manner. More importantly, the State's
ability to protect the health, safety, and welfare of the public will be seriously curtailed.
I urge you to contact committee members of the Senate Regulated Industries and Business
Regulation and Consumer Affairs and express your opposition to the merger. Let's make sure
our voice is heard as we strive to protect the public safety and maintain our professional
standards.
DIVISION OF PROFESSIONS
ELECTRICAL CONTRACTORS' LICENSING BOARD
NORTHWOOD CENTRE 1940 NORTH MONROE STREET TALLAHASSEE,FLORIDA 32399-0771
Tckphooe(904)488-3109 TDD 1-800-955.8771
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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REPORT OF
CONSTRUCTION
INDUSTRY
STUDY COMMITIEE
Submitted By:
Andrea Serraes, Chair
Construction Industry Study Committee
CONSTRUCTION INDUSTRY STUDY COMMITTEE COMPOSITION
3 Representatives of Residential Contractors
Ms. Andrea Serraes
1300 53rd Street
West Palm Beach, FL 33407
Mr. Ronnie Coppenbarger
8713 Phillips Highway
Jacksonville, FL 32216
Mr. Robert E. Watts,Jr.
Blue Ridge Construction
2708 A Power Mill Court
Tallahassee,FL 32301
3 Representatives of;Conxr�t lrc a!tontraetoxs
Mr. Saul Rentz
1 219 N.W. 10th Avenue
Gainesville, FL 32601
Mr. Jay D. Zuckerman
P. O. Box 30158
Palm Beach Gardens, FL 33420
Mr. William B. Parker,Vice President
Biltmore Construction Co., Inc.
1055 Ponce de Leon Boulevard
Belleair, FL 34616
S Reprrstnt*tirCs f S ,itt � at i
Mr. Mike Blankenship
P.O. Box 6052
Tallahassee, FL 32301
Mr. Michael J. Silvers
Silvers Systems, Inc.
2430 30th Avenue North
St. Petersburg, FL 33713-2920
Mr. Elliot Sokolow
1700 Banks Road
Margate, FL 33063
Mr. Larry Campbell
Campbell Plumbing
3216 15th Street East
Bradenton, FL 34205
i 1
Mr. Robert Zrallack
2851 Rogers Road
Fort Pierce, FL 34981
2 Representatives of Subcontractors Licensed nder Chapter 489,Part
Mr. David Deberry
13463 N. Main Street
Jacksonville, FL 32218
Mr. Jesse Colley
225 Carswell Avenue
Holly Hill, FL 32117
1 � resentative of Mus«� al o e nje.. Y. o s<'a 3uitdru or
Construction L ce s ng Off c al
Mr. Jerry Sparks
Building Official
Construction Services&Permitting
Post Office Box 2842
St. Petersburg, FL 33731
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Co:►struction L setts g iO. c
Mr. William F. Brod,Jr.
100 Australian Avenue
Room#317
West Palm Beach, FL 33406
I Rcpc`esen tat ve of ti r #E't:±#co it€o
Mr. J.B. Clark
Fla. Building&Construction
Trades Council
2071 Cynthia Drive
Tallahassee, FL 32303
2 Consime�rcpresettats
Mr. Joe Aponte
10576 Sandy Run
Jupiter, FL 33478
Robert Stroh, Ph.D.
University of Florida
Post Office Box 115703
Gainesville, FL 32611-5703
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CtTRRF.NT REGI TE,ATOR Y RC1ATZT)STI Tw:rr1RE& AE TTAORITY
SLIBLIaMiariEE
Robert Stroh, Ph.D., Chair
J.B. Clark
Jesse Colley
Andrea Serraes
Elliot Sokolow
Jerry Sparks
Mike Blankenship, Chair
Ronnie Coppenbarger
William B. Parker
David Deberry
Saul Rentz
Robert Zrallack
1: ;,tll:: < I' to > h � ® a 11 O teheltitti. ...
William F. Brod, Jr., Chair
Joe Aponte
Larry Campbell
Michael J. Silvers
Robert E. Watts, Jr.
Jay D. Zuckerman
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INTRODUCTION
During the 1996 session, the Legislature of the State of Florida passed CS/HB 793, Section
15 of which established a Construction Industry Study Committee to review statutes relating to the -
licensing and regulation of construction, electrical, and alarm system contracting and recommend
changes in statute, process and procedure which will more efficiently accomplish the goals as set forth
in Section 489.101, Florida Statutes.
Specifically, the statute creating the Study Committee asked that the following issues be
addressed: current regulatory board structure and authority; examination and licensure processes and
procedures; regulatory and disciplinary jurisdiction and procedures; and revenue and budgeting issues.
The 18-member Study Committee was appointed by Secretary Richard T. Farrell on June 21,
1996, with 15 members representing various segments of the contracting community, one
representative of construction labor unions, and two consumer members. The Committee held six .
public meetings over the course of a five-month period. In order to accomplish its tasks, the
Committee established three subcommittees: Current Regulatory Board Structure and Authority,
Licensure and Examination, and Regulatory and Disciplinary Functions.
The Study Committee is pleased to offer its recommendations to the Governor, the
Legislature, the Secretary of Business and Professional Regulation, local governments, persons
licensed under Chapter 489, Florida Statutes, related professions and industries, and the public of
Florida. The Committee recognizes that many of its recommendations will require statutory changes;
however, some of them can be accomplished by existing regulatory Boards or the Department of
Business and Professional Regulation. The members of the Study Committee would be pleased to
work with all parties to develop and enact legislative proposals, make rule changes, and implement
changes to existing policies and processes which will accomplish the recommendations enclosed.
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STATEMENT OF PURPOSE
The Construction Industry Study Committee began its deliberations with unanimous concern
about the regulatory system in the state for the construction industry and a unanimous sense of -
purpose to make improvements to that system. The Committee shared a purpose of trying to improve
the protection of the health, safety, and welfare of the public while also trying to ensure that the
regulatory system does not burden licensees and the construction industry with unnecessary
regulation which impedes compliance or raises the cost of doing business.
At its first meeting, the Committee approved by a unanimous vote a recommendation to adopt
a uniform, single tier licensing system in the State of Florida. The state would license all contractors
currently licensed under Chapter 489, Florida Statutes. This uniform, single tier licensing system
would supplant the bifurcated system currently in place in which the state licenses certified
contractors and local jurisdictions license registered contractors. The Committee believes that
uniform licensure at a state level would enhance public protection and simplify the system for both
construction licensees and the public. Standards for the licensure of individuals would be uniform
across the state, and the public would have greater assurance of the standards and a single place to
turn when questions or issues arise. The single tier of licensure would also make it easier for
licensees to work in multiple jurisdictions.
The Committee also agreed unanimously that local governments and the state should work
together to ensure that compliance with the laws is achieved. The enforcement of codes and the
enforcement of select violations should occur at a local level, while discipline against a licensee's
license should occur at the state level. The goal of the Committee's recommendations is also to
ensure that the disciplinary system in place is uniform across the state. The Committee believes that
protection of the public will be enhanced if standards for licensees can be raised and regulated on a
state-wide basis. Compliance will be enhanced if the state and local governments can share
responsibility and work cooperatively to enforce a uniform set of laws and rules.
Uniform state-wide licensure and an enforcement and compliance system with shared
responsibility between the state and local governments is the common purpose which guided the
Committee's deliberations and is embedded in its recommendations.
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RECOMMENDATIONS OF THE
CONSTRUCTION INDUSTRY STUDY COMMITTEE
LICENSING AND EXAMINATION PROCESSES AND PROCEDURES
• Single-Tier Licensure - Establish a uniform, single tier licensing system which
provides for the following:
• The state licensing board(s) will determine licensure, examination and
competency standards;
• Existing registered contractors may remain as registered contractors and may
renew licenses indefinitely for the local jurisdictions in which they held
licenses previously;
• Effective one year after date of enactment, all local jurisdictions will cease
issuing new licenses;
• A uniform system of disciplinary guidelines shall be established;
• The local jurisdictions may investigate complaints against contractors; and
adhering to the established disciplinary guidelines and procedures, may
hold disciplinary proceedings;
• The state licensing board(s) will act as an appellate body for such
disciplinary proceedings;
• This proposal applies only to those contractors currently licensed under
Chapter 489, Parts I and II, Florida Statutes.
• Initial Licensure:
• Require applicants to provide a credit report which complies with Board rule.
• Delete the$10,000 net worth financial responsibility requirement and require
that applicants provide a current, compiled financial statement prepared by an
accountant.
• Bonding Requirement - Broaden the bonding requirement for licensure under
Chapter 489, Florida Statutes, to encompass the violations addressed in Section
489.141(1)(a), Florida Statutes, with bond made payable to the Recovery Fund.
• Financially Responsible Officer - Eliminate the Financially Responsible Officer
license and develop an adequate system for licensing of businesses.
• Reciprocity - Support the concept of reciprocity from state to state for licenses
authorized by Chapter 489, Florida Statutes.
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• Occupational License:
• Differentiate between "Occupational License" and competency certificate.
• Amend appropriate Florida Statutes (Chapter 205, Florida Statutes) to _
delete the reference to "license" from the term "occupational-license" and
replace with occupational "certificate" or some other reference.
REGULATORY B.1 SX t r0. AND AU O 'Y
• Construction Industry Licensing Board/Electrical Contractors Licensing Board -
w Composition - Merge the Construction Industry Licensing Board (CILB) and the
\` Electrical Contractors Licensing Board (ECLB) into one Board composed of 15
c members- 1 general contractor, 1 building contractor, 1 residential contractor, 7 sub-
trades or specialty contractors identified in Division II of the CILB, 1 electrical
contractor, 1 alarm contractor, 1 building official and 2 consumer members.
Minority Position-Opposed to merger of CJLB and ECLB for the following
• reasons: The ECLB is fiscally sound, and the Board has processed its caseload
in a timely manner with very few problems.
• CILB Board Office Location - Relocate Board office to Tallahassee. (Takes into
consideration, the proposed merger of CILB and ECLB).
• CILB/ECLB Meeting Frequency - Reduce the length and frequency of Board
meetings when possible.
• Privatization-.Privatize any and all ministerial functions of Department of Business
and Professional Regulation which will lead to increased efficiency, lower costs or
improved service or capability to the State of Florida with the exception of those
functions related to receiving of complaints, complaint analysis, determination of legal
sufficiency and any other activities related to the police powers of Department of
Business and Professional Regulation.
• Continuing Education - Support continuation of continuing education and request
enhancement of the program; specifically, more emphasis on core courses and quality -
of providers.
• Computer Based Testing- Endorse the concept of computer based testing.
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REGULATORY AND 13IS IP.1 I AItY JURISTIC IONAND FUNCTIONS
• Uniform Disciplinary Model- Establish a uniform disciplinary model which provides
for the following:
• Local governments may discipline all construction licensees for violations
defined by Rules 61G4-19.001, F.A.C., 61G6-11.001, F.A.C., and
knowing violations of the building code. Penalties shall be limited to
notices of non-compliance; suspension of permitting privileges; imposition
of fines in compliance with guidelines established by the state licensing
board(s) or a commission appointed by either the Department of Business
and Professional Regulation or the Governor; and probation for permitting
privileges.
• The enforcement authority of the local government must meet the
accreditation requirements for uniform discipline established by the state _
licensing board(s) or a commission appointed by either the Department of
Business and Professional Regulation or the Governor. If it doesn't meet
the accreditation requirements, the local government shall file a complaint
for the state to investigate.
• Local governments may establish their own enforcement authority. The
Department of Business & Professional Regulation and the state licensing
board(s) shall assume disciplinary responsibility in the absence of a local
authority. The state shall retain the authority to open a case in any
jurisdiction at any time.
• Governments opting to discipline contractors in accordance with the
accreditation requirements would receive a percentage of the state licensure
revenue and retain all fines collected and investigative costs imposed.
• Contractors disciplined by a local authority will have the right to appeal to
the state licensing board(s); and, if appealed, all penalties except those
related to local permitting privileges will be suspended until action by the
state licensing board(s). If appealed, the state licensing board(s) shall
retain final authority to modify, amend, or dismiss any locally imposed
disciplinary action at its sole discretion.
• If, during the investigation of a case, a local entity discovers potential
violations which are outside the scope of its jurisdiction as defined in
paragraph one above, the case shall be remanded to the state licensing
board(s) for further action.
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• Accreditation Requirements - The state licensing board(s) or the Commission
established to develop accreditation requirements should consider the following
elements as guidelines in establishing accreditation criteria:
• The local government shall establish a governing body with the authority to
discipline licensees. This governing body shall be organized separately from
the building department of the local government and shall include, whenever
practical, representation by a person or persons licensed under Chapter 489,
Florida Statutes.
• If a local government chooses to discipline licensees, the local governing body
shall provide due process protections in any disciplinary action to all licensees
which are consistent with the Florida and United States Constitutions. These
due process protections shall include: notice of charges against a licensee by
personal service, certified mail, or notice by publication; notice of any action
against the licensee, notice of an opportunity for the complainant and the
licensee to present evidence and testimony on his/her behalf; and maintenance
and retention of pertinent records, evidence, and testimony in any disciplinary
action.
• The violations for which licensees can be disciplined by a local government
authority shall be specified in either statute or the rules of the state licensing
board(s). The fines for the violations shall also be specified by statute or rule
and shall be uniform across the State.
• Orders imposing discipline by a local governing body shall include the
following: a clear identification of the statute or rule violated; a clear
statement of the factual basis for the charges; evidence that notice of the
charges and notice of an opportunity to appear were given; findings of fact by
the disciplinary authority; conclusions of law which demonstrate a violation
of statute or rule; a statement of the penalty and any reasonable investigative
and legal costs imposed; and a clear statement informing the licensee of the
right to appeal the disciplinary action.
• The accreditation process shall include an accreditation review process.
Accredited local governing bodies shall be reviewed periodically to ensure -
compliance with uniform standards. The accreditation review process shall
be supported by sufficient resources and authority to ensure that local
governing bodies are complying with minimum standards.
• The accreditation committee shall develop guidelines for an alternative dispute
resolution procedure which shall be adopted for use by both the local
regulatory authority as well as the state licensing board(s).
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• Building Code Enforcement-The Construction Industry Study Committee supports
a uniform building code.
• Qualifying Agent/Qualified Business - The business and the qualifying agent shall
be held liable for application of Chapter 489, Florida Statutes.
• Confidentiality:
• Retain confidentiality provisions now in place and extend them to include
local disciplinary authorities.
• Amend Section 455.225, Florida Statutes, relating to disciplinary
procedures and confidentiality of complaints to clarify that it applies to
licensees only.
• Access to Information - Continue facilitating public access to information in the
Department of Business and Professional Regulation through the Internet; continue
streamlining and expediting the complaint process; and provide adequate funding for
resources within DBPR's annual budget to expedite the complaint process.
CONSTRV T'I(}NAND: ST titiO ' a]8' lit
• Amend Section 489.140, Florida Statutes, to eliminate Board-ordered restitution
as a means to access the Construction Industry Recovery Fund. Civil judgments
shall be the only basis for accessing the Fund.
JOURNEVIVIAWLICVISUtt
..... ..........................................................................
• Reciprocity:
• Mandatory reciprocity by local jurisdictions that have journeyman licensure
requirements and who meet minimum standards.
• Mandatory reciprocity and adoption of minimum standards by local
jurisdictions that have electrical, plumbing/pipefitting, mechanical and HVAC
journeyman licensure requirements. Minimum standards shall include:
70% passing score on Block examination or equivalent examination
approved by the state licensing board(s);
75% passing score subsequent to October 1, 1997, on Block
examination or equivalent examination approved by the state licensing
board(s);
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Completion of an approved apprenticeship program (registered with
FDLES) and four (4) years verifiable practical experience; or
Six (6) years verifiable practical experience;
Journeyman shall not have had suspension or revocation of license in
last five (5) years.
• Registration Fee - Local governments' reciprocity registration fee shall not
exceed $25.00.
CJNZICENSED AcrivrrY
• Amend Sections 489.127 and 489.531, Florida Statutes, to increase penalties for
unlicensed activity from a first degree misdemeanor(maximum of 1 year in prison or
$1,000 fine) to a third degree felony(maximum of 5 years in prison or $5,000 fine).
The following will be subject to a third degree felony:
work valued at more than $1,000;
second offense regardless of the value;
any work during the existence of a state of emergency.
The following will not be subject to a third degree felony:
- work valued at less that $1,000 (no penalty- handyman exemption);
work willfully performed out of the geographical scope of one's
license(This is proposed to be a first degree misdemeanor);
- any work outside the licensee's scope of license(This is proposed to
be a first degree misdemeanor).
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