01-28-1997
CITY OF EDGEWATER
CONSTRUCTION REGULATION BOARD
CONFERENCE ROOM, COMMUNITY DEVELOPMENT
TUESDAY, JANUARY 28, 1997
7:00 P.M.
COMMUNITY DEVELOPMENT AGENDA 139 EAST PARK AVENUE
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES May 28, 1996
ELECTION OF OFFICERS
UNFINISHED BUSINESS
1) Update on Unified Code Committee
NEW BUSINESS None at this time
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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h:\tonya\crb\agenda\Jan28.97
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CITY OF EDGEWATER
CONSTRUCTION REGULATION BOARD
BYLAWS
ARTICLE I : Purpose and Intent
The purpose and intent of these bylaws is to set forth a
uniform set of procedures whereby the Edgewater Construction
Regulation Board may regulate the manner in which it elects
officers, conducts meetings and otherwise carries out its
functions . It is further the intent of these Bylaws to serve as a
self-imposed guideline in the handling of affairs pertaining to the
Edgewater Construction Regulation Board (hereafter CRB) .
ARTICLE II : Officers
The CRB shall elect a Chairman and Vice Chairman from among
its members at the first regular meeting in January each year.
A. Chairman - The Chairman shall serve as presiding officer
at all meetings of the CRB and shall conduct the meetings
as specified herein. The Chairman shall be elected by a
majority of the membership at the regular meeting in the
month of January and the term of office shall be one ( 1 )
year. The Chairman shall be eligible for reelection.
1 . The Chairman shall transmit reports and
recommendations of the CRB to the City Council and,
in general, shall act as spokesman for the CRB.
2 . The Chairman shall sign all orders of the CRB issued
in reference to appeals and disciplinary action.
3 . The Chairman shall appoint from the CRB membership
any committees found necessary to address matters
before the Board.
B. Vice Chairman - The Vice Chairman shall be elected by the
CRB from among its regular members in the same manner as
the Chairman and shall be eligible for reelection.
1 . The Vice Chairman shall serve as acting Chairman in
the absence of the Chairman and at such times shall
have the same powers and duties as the Chairman.
2 . If the Chairman for any reason does not complete
July 27 , 1995
1
his term of office, the Vice Chairman shall become
the Chairman and the CRB shall elect a new Vice
Chairman. Both shall serve until the CRB holds its
regular elections in January.
C. Secretary - The City shall provide clerical support for
the CRB. The Secretary, with the aid of the Building
Official, shall prepare all correspondence, keep the
minutes of the proceedings, establish and maintain CRB
files and tapes and shall make sure all records are
properly kept.
ARTICLE III : Rules and procedure
A. Regular Meetings - The CRB shall schedule regular
meetings during the months of January, March, May, July,
September and November.
B. Special Meetings - Special meetings of the CRB may be
called by the Chairman, Vice Chairman, Building Official
or Fire Official if at least forty-eight (48 ) hours
notice is given to each member of the CRB. In case of
extenuating circumstances, the Chairman may call an
emergency meeting if at least twenty-four (24 ) hours
notice is given to each member.
C. Workshop Meetings - Workshop meetings may be held as
required for the purpose of enabling the CRB to conduct
its business. Although such meetings shall be open to
the public and members of the press, the CRB is not
required to entertain comments or questions from other
than CRB members.
D. Continued Meetings - The CRB may continue a regular or
special meeting if all business cannot be conducted on
the advertised date. No further public notice shall be
necessary for resuming such meetings provided the time,
date and place of resumption is stated at the time of
continuance.
July 27 , 1995
2
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E. Cancellation of Meetings - Whenever a majority of the
members notify the Secretary of their inability to
attend a meeting, the Secretary shall cancel the meeting
by giving notice to all members prior to the time set
for the meeting. In addition, notice shall be posted in
a conspicuous place within or at he scheduled meeting
chambers and the press shall be notified of the
cancellation.
F. Conduct of Meetings - All meetings shall be open to the
public and shall be conducted as determined by the CRB.
G. Committee Meetings - This Article shall govern all
committee meetings except that committees are not
required to hold regular meetings, but may conduct their
business at workshop and special meetings .
H . Public Hearings - Public hearings shall be scheduled when
required by the Land Development Code and as the CRB
deems necessary to transact its business . Notice of
public hearings shall be provide as prescribed by the
Land Development Code and Florida Law.
I . Quorum - No business shall be transacted by the CRB
without a quorum. A quorum shall consist of four ( 4 )
members . The affirmative vote of four ( 4 ) members is
required for any formal action of the CRB relating to
appeals and disciplinary action. All other
recommendations and actions of the CRB shall require the
affirmative vote of a majority of the members present .
ARTICLE IV: Agenda
An agenda shall be prepared by the Secretary listing all
matters which shall be taken up before the CRB at any of its
meetings . No matter except what is listed on the agenda shall be
considered except by unanimous vote of the members present.
ARTICLE V: Staff
The CRB and duly authorized committees shall have access to
the information and staff of all City departments as directed by
July 27 , 1995
3
V
the City Manager on such a basis as these departments are able to
render assistance to the CRB. Staff members may be appointed to
serve the CRB as determined by the City Manager.
ARTICLE VI : Amendments
These Bylaws may be amended at the regular or special meeting
of the CRB provided that a written notice shall have been sent to
each member five (5 ) days in advance of the meeting, such notice
shall state the amendment proposed.
After motion and second, the vote on these Bylaws was as
follows:
Michael A. Bosse Yes
Robert Howard Yes
Gary S. Madole Yes
Les Ogram Absent
Nancy J. Swiney Yes
James W. Tindall yes
Lester Yarnell Yes
PASSED AND DULY ADOPTED this 27th day of July, 1995 .
ATTEST: CONSTRUCTION
REGLT7,A
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■
Tonya Elliott Robert Howard
Secretary Chairman
APPROVED FOR FORM
AND CORRECTNESS:
Kris a A. Storey
City Attorney
July 27 , 1995
h:\tonya\crb\bylaws
4
Vognommliak 444r° i
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -
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REPORT OF
CONSTRUCTION
INDUSTRY
STUDY COMMITTEE
Submitted By:
Andrea Serraes, Chair
Construction Industry Study Committee
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CONSTRUCTION INDUSTRY STUDY COMMITTEE COMPOSITION
3:Representatives'of Resictent�al Conti cEors
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
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3 Representat�vcx of mmerc a l ontraciv -
Mr. Saul Rentz
1219 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
5: cprtsetesf u€ nta>rs
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
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Mr. Robert Zrallack
2851 Rogers Road
Fort Pierce,FL 34981
Z Reps- ae'ncatives of Subcontractors tcenxal..I nd0:00.pter 48., 'ai-t .�.
Mr. David Deberry
13463 N. Main Street
Jacksonville,FL 32218
Mr. Jesse Colley
225 Carswell Avenue
Holly Hill,FL 32117
.1 Represent trve of nxz p I Commie iit o r ildi g;
Construction �enstng,�?fff
Mr. Jerry Sparks
Building Official
Construction Services&Permitting
Post Office Box 2842
St. Petersburg,FL 33731
1 Representative of Coun Cove i niteitE, Ld s a iuilding or
Mr. William F. Brod,Jr.
100 Australian Avenue
Room#317
West Palm Beach,FL 33406
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1 Rep `e entat ve of otl ti 6�#►r i e4.41
Mr. J.B. Clark
Fla. Building&Construction
Trades Council
2071 Cynthia Drive
Tallahassee,FL 32303
Z C4nxumerRepresc tat yes
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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CONSTRUCTION INDUSTRY STUDY SUBCOMMITTEES
*********
CURRENT RECTULATORY MIAMI gTRUC.TtIRE Re AUTHORITY'
athiCOMBHME
Robert Stroh, Ph.D., Chair
J.B. Clark
Jesse Colley
Andrea Serraes
Elliot Sokolow
Jerry Sparks
LICRNSURR Re EXAMMTATrOWATTIMOMMITTRF,
Mike Blankenship, Chair
Ronnie Coppenbarger
William B. Parker
David Deberry
Saul Rentz
Robert Zrallack
RRMLATORY DTSCIPLINARYTTINTITTONS SIITIMIIVITVETTTREI
William F. Brod, Jr., Chair
Joe Aponte
Larry Campbell
Michael J. Silvers
Robert E. Watts, Jr.
Jay D. Zuckerman
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• %NW NINIO
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,A►1 wimp'I`Il7 i,rgoo S ,mit 1'k ctooltE
• 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 H, 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.
GULAMI B t alla C" T.A AU ' O. " `
• Construction Industry Licensing Board/Electrical Contractors Licensing Board -
Composition - Merge the Construction Industry Licensing Board (CILB) and the
Electrical Contractors Licensing Board (ECLB) into one Board composed of 15
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 CILB 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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R,EG .•ATORY`AND V$00::G1lNA t'Y'.10$00. C'Y' U.*M. I� .4000$.$
• 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.
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.......................
• 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.
....................................................................................
• 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.
........................................................................
• 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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