Quiz Help: Florida Laws & Rules - Recent Changes - EZ-CE.com (2024)

LEARNING OBJECTIVES

Upon completion of this module, the student will be able to:

1. Familiarize themselves with the recent changes to the laws and rules regulating the practice of construction contracting in the state of Florida
2. Review the recent changes to Florida Statutes 455 & 489
3. Review the recent changes to the Florida Administrative Code 61G4
4. Identify the purpose and reason why each change occurred
5. Understand the hierarchy and differences among the laws and rules

Introduction

The laws and rules regulating the construction industry are found in the Florida Statute (F.S) 489 Part I, F.S., 455 F.S., and Florida Administrative Code (F.A.C) 61G4 F.A.C. The Florida Statutes are state laws made by the Florida legislative branch and considered the primary authority.

Additionally, these statutes create and give power to the Construction Industry Licensing Board (CILB) to be responsible for regulating and licensing the construction industry. The rules the CILB makes are the listed in the 61G4 and are further detailed rules governing the practice.

61G4 F.A.C

The 61G4 F.A.C are the rules of the Construction Industry Licensing Board (CILB) and encompass 61G4-12.006 through 61G4-23.001. The following documents all the changes of the code from 2014 to present.

61G4-12.006 – REPEALED 11-18-15

Purpose and Effect: The rule is being repealed because it is not necessary.

61G4-12.006 Approved Form; Incorporation.

Rulemaking Authority 489.108 FS. Law Implemented 120.52(15), 489.108, 489.143 FS. History–New 1-6-80, Formerly 21E-12.06,Amended 1-1-89, Formerly 21E-12.006, Amended 1-4-94, 2-24-94, 11-23-95, 2-6-96, 7-22-96, 11-25-97, 8-2-98, 2-24-00, 3-26-01, 2-14-05, Repealed 11-18-15.

61G4-12.018 – REPEALED 12-30-15

Purpose and Effect: The rule is being repealed because it is provided for in statute.

61G4-12.018 Notification of Investigative and Prosecutorial Costs.

Rulemaking Authority 489.108, 489.129(1) FS. Law Implemented 489.129(1) FS. History–New 5-29-90, Formerly 21E-12.018, Repealed 12-30-15.

61G4-15.0055 – REPEALED 1-7-16

Purpose and Effect: The rule is being repealed because the statute which provided specific authority for the rule, and which the rule implemented, has been repealed.

61G4-15.0055 Job Scopes for Registered Licensure Categories.

Rulemaking Authority 489.117(5) FS. Law Implemented 489.117(5) FS. History–New 8-2-00, Repealed 1-7-16.

61G4-15.010 – REPEALED 1-7-16

Purpose and Effect: The rule is being repealed because it is substantially similar to s. 489.113(7), F.S.

61G4-15.010 Requirements for Applicant Seeking Administration of Oral Examination.

Rulemaking Authority 489.113(7) FS. Law Implemented 489.113(7), 489.115(4), (5) FS. History–New 1-6-80, Formerly 21E-15.10, 21E-15.010, Repealed 1-7-16.

61G4-15.014 – REPEALED 1-7-16

Purpose and Effect: The rule is being repealed because it is duplicative of the effect of s. 489.129(1)(i), F.S.

61G4-15.014 Violation of Final Orders.

Rulemaking Authority 489.129(3) FS. Law Implemented 489.129(3) FS. History–New 2-7-83, Formerly 21E-15.14, 21E-15.014, Repealed 1- 7-16.

61G4-15.039 – NEW 8-17-14

Purpose and Effect: Add qualifications for new certification.

61G4-15.039 Certification of Industrial Facility Specialty Contractors.

(1) Scope of Rule. The purpose of this rule is to provide for certification of industrial facility specialty contractors as a limited subset of the general contractor.

(2) Definition. An industrial facility specialty contractor is a contractor who is qualified and certified by the board to perform any work involving the construction, repair, demolition, modification, and alteration of uninhabitable industrial structures used solely to house manufactured industrial equipment being installed therein by the contractor for energy production, gas production, or chemical production; and construction of habitable or uninhabitable attached accessory use structures not exceeding 1500 square feet used solely to house related operating and controlling equipment. An industrial facility specialty contractor shall be unlimited in his or her ability to enter contracts for the scopes of work described herein and who may perform such work permitted under this rule, except as otherwise expressly provided in Section 489.113, F.S.

(3) An industrial facility specialty contractor shall be required to subcontract all work above that falls within the scopes of work set forth in Sections 489.105(3)(b)-(p) or 505, F.S., or for fire protection systems under Section 633.318, F.S., to a licensee who holds a state certification or registration in the respective category of work.

(4) Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications.

Rulemaking Authority 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History–New 8-17-14

61G4-15.040 – NEW 6-22-14

Purpose and Effect: Add qualifications for new certification.

61G4-15.040 Certification of Residential Pool/Spa Servicing Specialty Contractors.

(1) Scope of Rule. The purpose of this rule is to provide for certification of residential pool/spa servicing specialty contractors as a limited subset of the swimming pool/spa servicing contractor.

(2) Definition. A “residential swimming pool/spa servicing specialty contractor” means a contractor whose scope of work involves the repair and servicing of residential swimming pools, hot tubs or spas. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, 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, for the purpose of repair or renovation of residential swimming pools, hot tubs, and spas. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines.

(3) Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications.

Rulemaking Authority 455.213, 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History‒New 6-22-14.

61G4-16.001 – UPDATED 8-31-14

Purpose and Effect: To update and add exam questions; to add examinations for Marine Specialty and Irrigation Specialty Contractors.

61G4-16.001 Written Certification Examination Requirements.

(1) Certification Examination for General Contractors, Tower Specialty Contractors, and Industrial Facility Specialty Contractors. The certification examination shall consist of three tests. The content areas to be covered and the relative weight shall be as follows:

(a) through (c) No change.

(2) through (6) No change.

(7) Certification Examination for Roofing Contractors. The certification examination shall consist of two test.

(a) No Change

(b) Test two shall consist of questions relating to general knowledge of the roofing trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:

1. 15% 20% Built-Up Roofs;

2. 15% 20% Shingles and Shakes;

3. No Change;

4. 15% 10% Single-ply Systems;

5. 15% 10% Modified Roofing Systems;

6. through 9. No change;

(8) through (10) No

(11) Certification Examination for Swimming Pool/Spa Servicing Contractors and Residential Swimming Pool/Spa Servicing Specialty Contractors. The certification examination shall consist of two tests.

(a) through (b) No change.

(12) Nochange.

(13) Certification Examination for Underground Utility and Excavation Contractors. Thecertification examination shall consist of two tests.

(a) Nochange.

(b) Test two shall consist of questions relating to general knowledge of the underground utility and excavation trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:

1. through 5. No change.

6. 10% Testing, and Disinfecting, and Job Close Out;

7. through 8. No change.

(14) through (19) No change.

(20) Certification of Marine Specialty Contractors. The certification examination shall consist of two tests.

(a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4- 16.001(20), A.C.

(b) Test two shall consist of questions relating to general knowledge of the marine specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:

1. 7% Determining Existing Soil Conditions;
2. 10% Determining Project Parameters;
3. 16% Administering Project;
4. 9% Constructing Foundation Systems;
5. 13% Constructing Shoreline Stabilization;
6. 10% Constructing Anchoring Systems;
7. 6% Performing Dredge and Fill Operations;
8. 8. 9% Building Floating Marine Structures;
9. 14% Building Fixed Marine Structures; and
10. 6% Executing Close-Out Procedures.

(21) Certification of Irrigation Specialty Contractors. The certification examination shall consist of two tests.

(a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be coveredand the approximate weights to be assigned to said areas are set forth in subsection 61G4- 16.001(20), F.A.C.

(b) Test two shall consist of questions relating to general knowledge of the irrigation specialty The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:

1. 25% Pre-Construction;
2. 50% Construction;
3. 50% Maintenance & Repair;
4. 50% Scheduling & Water Conservation; and
5. 5. 12.50% Rules, Laws & Codes.

Rulemaking Authority 455.217, 489.108 FS. Law Implemented 455.217, 489.113 FS. History–New 1-6-80, Amended 9-24-84, Formerly 21E-16.01, Amended 5-3-87, 10-4-87, 6-2-88, 12-19-88, 5-23-89, 8-23-89, 2-5-91, 1-29-92, 10-11-92, 5-2-93, Formerly 21E-16.001,Amended 10-17-93, 5-9-95, 11-28-95, 3-11-96, 11-13-97, 4-13-99, 9-12-00, 6-25-03, 6-23-08, 4-21-09, 8-31-14.

61G4-16.0021 – UPDATED 4-8/-5

Purpose and Effect: The proposed rule amendment is to clarify rule language.

61G4-16.0021 Written Examination for Swimming Pool Specialty Contractors.

(1) The examination for licensure for any category of swimming pool specialty contractor as specified in Rule 61G4-15.032, F.A.C., shall consist of a written examination or a practical examination. The written examination shall test the applicant’s ability to perform the scope of work for the category of swimming pool specialty contractor for which the applicant

(2) through (4) No Change.

Rulemaking Authority 455.217(1), 489.113(6), 489.115(5) FS. LawnImplemented 455.217(1), 489.113(6), 489.115(5) FS. History–New 3-21-06, Amended 9-10-08, 4-26-12, 4-8-15.

61G4-17.008 – REPEALED 1-7-16

Purpose and Effect: The rule is being repealed because it is not necessary.

61G4-17.008 Stipulations.

Rulemaking Authority 455.2273, 455.2275 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.008, Repealed 1-17-16.

61G4-18.004 – UPDATED 9-20-15

Purpose and Effect: Clarification of CE course requirements.

61G4-18.004 Approval of Continuing Education Courses.

(1) through (2) No change.

(3) The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, the name and qualifications of all instructors known at the time of the application and the minimum qualifications of any instructors not known at the time of the application. Course instruction time shall be separated into intervals of no less than ten (10)and no more than twenty-five (25) minutes. Each interval shall contain a descriptive outline stating the subject matter in such detail so as to describe the content of the interval.In addition, a course provider making application to offer interactive distance learning must submit documents indicating the following:

(a) through (f) No Change.

(4) through (11) No Change.

Rulemaking Authority 455.213, 455.2123, 489.108, 489.115 FS. LawImplemented 455.213, 455.2123, 455.2179, 489.115 FS. History–New12-2-93, Amended 7-20-94, 1-18-95, 7-2-95, 11-25-97, 5-30-00, 3-25-01, 11-10-03, 1-24-05, 8-28-05, 4-17-08, 9-20-15.

61G4-17.008 – REPEALED 1-7-16

Purpose and Effect: The rule is being repealed because it is not necessary.

61G4-17.008 Stipulations.

Rulemaking Authority 455.2273, 455.2275 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.008, Repealed

61G4-17.001 – UPDATED 5-24-15

Purpose and Effect: Modify penalty ranges.

61G4-17.001 Normal Penalty Ranges.

(1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circ*mstances and subject to other provisions of this chapter.

(2) through (6) No change.

Rulemaking Authority 455.227, 489.108, 489.129 FS. Law Implemented 455.227, 455.2273, 489.129 FS. History–New 10-26-86, Amended 12-21-92,Formerly 21E-17.001, Amended 11-2-93, 10-12-94, 7-2-95, 9-3-96, 10-31-96, 2-4-98, 8-2-98, 2-2-04, 1-24-05, 11-2-06, 2-3-15, 5-24-15.

489 F.S. PART 1

Chapter 489 F.S., Contracting, Part 1 Construction Contracting, is contained within Florida Statutes Title 32, Regulation of Professions and Occupations. It encompasses 489.101 through

489.146. These laws create and give power to the CILB. Overall, they provide guidelines created by the state legislative branch for regulating the industry.

489.103 – UPDATED 2013

Purpose and Effect: The statute amendment replaced an incorrect cross-reference.

489.103 Exemptions.

(22) A person licensed pursuant to s. 633.304(1)(d) 633.061(1)(d) or (3)(b) performing work authorized by such license.

489.105 – UPDATED 2013

Purpose and Effect: The statute amendment replaced an incorrect cross-reference.

489.105 Definitions.

(n)… as defined in s. 633.102 633.021 beginning at the point where the piping is used exclusively for such system.

489.118 – UPDATED 2013

Purpose and Effect: The statute amendment replaced an incorrect cross-reference.

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 489.105(3)(a)-(p) 489.105(a)-(q)

(2) through (5) No Change.

489.127 – UPDATED 2013

Purpose and Effect: The statute amendment clarified existing law and revised civil penalties.

489.127 Prohibitions; penalties.

(c) The local governing body of the county or municipality may 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 may shall not exceed $2,000$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.

(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$2,500 $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:

(6) Local building departments may collect outstanding fines against registered or certified contractors issued by the Construction Industry Licensing Board and may retain 75 25 percent of the fines they are able to collect, provided that they transmit 25 75 percent of the fines they are able to collect to the department according to a procedure to be determined by the

489.131 – UPDATED 2013

Purpose and Effect: The statute amendment deleted legislative intent referring to a local agency’s enforcement of regulatory laws.

489.131 Applicability.

(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 attainingcompliance 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.

489.140 – UPDATED 2013

Purpose and Effect: The statute amendment clarified funding requirements.

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.

489.1402 – UPDATED 2013

Purpose and Effect: The statute amendment conforms the cross references.

489.1402 Homeowners’ Construction Recovery Fund; definitions.

(a) “Arbitration” means alternative dispute resolution entered into between a claimant and a contractor either pursuant to a construction contract that contains a mandatory arbitrationclause or through any binding arbitration under chapter 682, the Revised Florida Arbitration Code.

489.145 – UPDATED 2013

Purpose and Effect: The statute amendment was a major rewrite for clarification.

489.145 Guaranteed energy, water, and wastewater performance savings contracting.

489.146 – UPDATED 2013

Purpose and Effect: The statute amendment deleted unused rulemaking.

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.

455 F.S.

Chapter 455 F.S., Business and Professional Regulations: General Provisions, is contained within Florida Statutes Title 32, Regulation of Professions and Occupations. It encompasses 455.01 through 455.32. These laws create and give power to the department of professional regulation as well as the boards for each profession which includes the CILB. The following documents all the changes of the statutes from 2014 to present.

455.1165 – UPDATED 2014

Purpose and Effect: The statute amendment removed the termination deadline

455.1165 Federal Grants Trust Fund.

(1) The Federal Grants Trust Fund is created within the Department of Business and Professional

(2) The trust fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues from federal sources. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds. Funds shall be expended only pursuant to legislative appropriation or an approved amendment to the department’s operating budget pursuant to the provisions of chapter

(3) In accordance with 19(f)(2), Art. III of the State Constitution, the Federal Grants Trust Fund shall, unless terminated sooner, be terminated on July 1, 2015. Before its scheduled termination, the trust fund shall be reviewed as provided in s.215.3206(1) and (2).

History.—s. 1, ch. 2011-60; s. 2, ch. 2014-44.

455.213 UPDATED 2014

Purpose and Effect: The statute amendment modifies the language to further specify the waivers for military veterans.

455.213 General licensing provisions.

(1) through (11) No change.

(12) The department shall waive the initial licensing fee, the initial application fee, and the initial unlicensed activity fee for a military veteran who or his or her spouse at the time of discharge, if he or she applies to the department for a license, in a format prescribed by the department, within 2460 months after discharge the veteran is discharged from any branch of the United States Armed Forces. To qualify for this waiver, the veteran must have been honorably .

History.—s. 5, ch. 79-36; s. 29, ch. 81-302; s. 9, ch. 83-329; s. 7, ch. 84-203; s. 30, ch. 85-175; s. 3, ch. 86-287; s. 1, ch. 89-162; s. 67, ch. 89-374; s.1, ch. 91-137; s. 10, ch. 91-220; s. 43, ch. 92-33; ss. 13, 76, ch. 92-149; s. 23,93-129; ss. 1, 4, ch. 96-309; s. 208, ch. 96-410; s. 1078, ch. 97-103; s.63, ch. 97-170; s. 1, ch. 97-228; s. 10, ch. 97-261; s. 53, ch. 97-278; s. 2, ch.98-166; s. 37, ch. 98-397; s. 139, ch. 99-251; s. 26, ch. 2000-160; s. 1, ch.2001-269; s. 9, ch. 2001-278; s. 1, ch. 2007-86; s. 1, ch. 2009-195; s. 8, ch.2010-106; s. 2, ch. 2012-61; s. 3, ch. 2012-72; s. 40, ch. 2013-116; s. 26, ch.2014-1.

455.2274 – UPDATED 2014

Purpose and Effect: The statute amendment removes the note reference.

455.2274 Criminal proceedings against licensees; appearances by department representatives.

A representative of the department may voluntarily appear in a criminal proceeding brought against a person licensed by the department to practice a profession regulated by the state. The department’s representative is authorized to furnish pertinent information, make recommendations regarding specific conditions of probation, and provide other assistance to the court necessary to promote justice or protect the public. The court may order a representative of the department to appear in a criminal proceeding if the crime charged is substantially related to the qualifications, functions, or duties of a ¹licensee regulated by the department.

History.—s. 3, ch. 2009-19; s. 115, ch. 2014-17.

¹Note.—The word “licensee” was substituted for the word“license” by the editors.

REFERENCES

CILB Statutes & Rules

2015 Florida Statutes Title 32 Regulation of Professions and Occupations, Ch. 489 Contracting, Part 1 Construction Contracting (489.101 to 489.146)

2015 Florida Administrative Code Dept. 61 Dept. of Business and Professional Regulation, 61G4 Construction Industry Licensing Board (61G4-12 to 61G4-23)