489.537  Application of this part.--

(1)  This part applies to any contractor performing work for the state or any county or municipality.

(2)

(a)  The scope of electrical contracting shall apply to private and public property and shall include any excavation, paving, and other related work incidental thereto and shall include the work of all specialty electrical contractors. However, such electrical contractor shall subcontract the work of any other craft for which an examination for a certificate of competency or registration or a license is required, unless such contractor is certified or registered or holds a license for the respective trade category as required by the appropriate local authority.

(b)  A registered electrical contractor may bid on electrical contracts which include alarm systems contracting as a part of the contract, provided that the individual shall subcontract such alarm systems contracting to a properly certified or registered alarm system contractor. However, if the registered electrical contractor is properly certified or registered as an alarm system contractor, the individual is not required to subcontract out the alarm system contracting.

(3)  Nothing in this act limits the power of a municipality or county:

(a)  To regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections which is designed to secure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety.

(b)  To collect fees for occupational licenses and inspections for engaging in contracting or examination fees from persons who are registered with the local boards pursuant to local examination requirements.

(c)  To adopt any system of permits requiring submission to and approval by the municipality or county of plans and specifications for work to be performed by contractors before commencement of the work.

(d)  To require one bond for each electrical contractor in an amount not to exceed $5,000, which bond shall be conditioned only upon compliance with the applicable state minimum building code and applicable local building code requirements adopted pursuant to s. 553.73. Any such bond must be equally available to all electrical contractors without regard to the period of time an electrical contractor has been certified or registered and without regard to any financial responsibility requirements. Any such bonds shall be payable to the Governor and filed in each county or municipality in which a building permit is requested. Bond reciprocity shall be granted statewide. All such bonds shall be included in meeting any financial responsibility requirements imposed by any statute or rule.

(e)

1.  To refuse to issue permits or issue permits with specific conditions to a contractor who has committed multiple violations, when he or she has been disciplined for each of them by the board and when each disciplinary action has involved revocation or suspension of a license, imposition of an administrative fine of at least $1,000, or probation.

2.  To issue permits with specific conditions to a contractor who, within the previous 12 months, has had final action taken against him or her, by the department or by a local board or agency which licenses contractors and has reported the action pursuant to paragraph (5)(c), for engaging in the business or acting in the capacity of a contractor without a license.

(4)  Any official authorized to issue building or other related permits shall ascertain that the applicant contractor is certified or registered and duly qualified according to any local requirements in the area where the construction is to take place before issuing the permit. The evidence shall consist only of the exhibition to him or her of current evidence of proper certification or registration and local qualification.

(5)

(a)  Municipalities or counties may continue to provide examinations for their territorial area, provided that no examination is given the holder of a certificate.

(b)  To engage in contracting in the territorial area, an applicant shall also be registered with the board.

(c)  Each local board or agency which licenses contractors shall transmit monthly to the board a report of any disciplinary action taken against contractors and any administrative or disciplinary action taken against unlicensed persons for engaging in the business or acting in the capacity of a contractor, including any cease and desist order issued pursuant to s. 489.516(2)(b).

(6)  The right to create local boards in the future by any municipality or county is preserved.

(7)  The scope of work of a certified unlimited electrical contractor includes the work of a certified alarm system contractor as provided in this part.

(8)

(a)  Any registered electrical contractor or any locally licensed alarm system contractor shall be issued the appropriate category of alarm system contractor registration, if the individual has filed with the board evidence that he or she has:

1.  Successfully complied with local written or oral examination requirements for the current local license he or she holds, or, if no examination requirement exists in the local jurisdiction, has scored at least 75 percent on an examination which is substantially equivalent to the examination approved by the board for certification in the appropriate category.

2.  Current liability insurance coverage to engage in the installation, monitoring, maintenance, servicing, or upgrading of alarm systems.

(b)  Any person operating pursuant to the exemption formerly established in ¹s. 489.503(11) shall be issued a registered alarm system contractor II registration as defined in s. 489.505, if the individual has filed evidence that he or she has been engaged in business as an alarm system contractor for at least 3 consecutive years prior to the time of making application and prior to October 1, 1994. Evidence of being engaged in business as an alarm system contractor shall be demonstrated by the submission of:

1.  An electrical contractor's license, alarm system contractor's license, or occupational license for each of the 3 years he or she was engaged in alarm system contracting. The requirements in this subparagraph shall not apply when providing evidence of work in a local jurisdiction which does not require an occupational license for the work in question.

2.  Proof that he or she has current liability insurance coverage to engage in the installation, monitoring, maintenance, servicing, or upgrading of alarm systems.

3.  A representative list of alarm system work he or she completed during the 3 years he or she was engaged in alarm system contracting.

(c)  An individual registered pursuant to this subsection may engage in alarm system contracting only in those jurisdictions where the individual's registered license is effective. Persons applying pursuant to this subsection shall apply to the board in writing, on forms provided by the department. To be licensed pursuant to this subsection, the applicant must make application prior to January 1, 1995.

History.--ss. 11, 17, ch. 79-272; s. 374, ch. 81-259; ss. 2, 3, ch. 81-318; s. 2, ch. 87-152; ss. 10, 14, ch. 87-254; ss. 19, 21, 23, ch. 88-149; s. 8, ch. 91-119; s. 4, ch. 91-429; s. 284, ch. 94-119; s. 500, ch. 97-103.