Florida contractors manual 2017 download.Florida Construction Law Manual 2017 2018 Ed. Vol. 8 Florida Practice Series by Larry R. Leiby
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A Florida Building Contractor CBC means a contractor whose services are limited to the construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which do not exceed three stories in height, and accessory use structures in connection therewith or a contractor 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.
This is the correct license for those contractors wishing to build new residential and commercial structures up to three-stories. Below are some of the requirements needed to become a Certified Building Contractor in the State of Florida :. The Trade test is divided into two sections; the morning section of the trade test is known as the Contract Administration exam, while the afternoon section of the Trade test is known as the Project Management exam.
Do not sign up to take your exams until you obtain your books and begin studying for them. Part 1 of Trade Exam This is an open book test with 55 questions that lasts 4 hours and 45 minutes morning session. The website uses an HTTPS system to safeguard all customers and protect financial details and transactions done online.
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Energy-generating technologies. Automated, electronic, or remotely controlled technologies, systems, or measures that reduce utility or operating costs.
Software-based systems that reduce facility management or other facility operating costs. Energy information and control systems that monitor consumption, redirect systems to optimal energy sources, and manage energy-using equipment. Installing, replacing, or modifying any of the following: a. Heating, ventilating, or air-conditioning systems.
Lighting fixtures. Implementing a program to reduce energy costs through rate adjustments, load shifting to reduce peak demand, demand response programs, changes to more favorable rate schedules, or auditing utility billing and metering. An improvement that reduces solid waste and associated removal costs. Meter replacement, installation, or modification; installation of an automated meter reading system; or other construction, modification, installation, or remodeling of water, electric, gas, fuel, communication, or other supplied utility system.
Any other energy conservation measure that reduces British thermal units Btu , kilowatts kW , or kilowatt hours kWh ; that reduces fuel or water consumption in the building or waste water production; or that reduces operating costs or provides long-term cost reductions.
Any other repair, replacement, or upgrade of existing equipment that produces measurable savings, or any other construction, modification, installation, or remodeling that is approved by an agency and that is within the legislative authority granted the agency, such as an energy conservation measure.
Any other measure not otherwise defined in this chapter which is designed to reduce utility consumption, reduce wastewater costs, enhance revenue, avoid capital costs, or achieve similar efficiency gains at an agency or other governmental unit.
The design and installation of equipment to implement one or more of such measures and, if applicable, operation and maintenance of such measures.
The amount of any actual annual savings that meet or exceed total annual contract payments made by the agency for the contract and may include allowable cost avoidance if determined appropriate by the Chief Financial Officer. The finance charges incurred by the agency over the life of the contract.
Baseline adjustments used in calculations must be specified in the contract. The contract may provide for repayment to the lender of the installation construction loan through installment payments for a period not to exceed 20 years. The contract for third-party financing may be separate from the energy, water, and wastewater performance contract. A separate contract for third-party financing under this paragraph must include a provision that the third-party financier must not be granted rights or privileges that exceed the rights and privileges available to the guaranteed energy, water, and wastewater performance savings contractor.
However, in calculating the life cycle cost as required in paragraph c , the agency shall not apply any grants, rebates, or capital funding. If the reconciliation reveals a shortfall in annual energy or associated cost savings, the guaranteed energy, water, and wastewater performance savings contractor is liable for such shortfall. If the reconciliation reveals an excess in annual cost savings, the excess savings may be allocated under paragraph d but may not be used to cover potential energy or associated cost savings shortages in subsequent contract years.
In such case, notwithstanding any provision of law, the installation of these additional measures may be supervised by the performance savings contractor. The Department of Management Services shall review the investment-grade audit for each proposed project and certify that the cost savings are appropriate and sufficient for the term of the contract.
The Office of the Chief Financial Officer, with the assistance of the Department of Management Services, shall, within available resources, develop model contractual and related documents for use by state agencies. Before entering into a guaranteed energy, water, and wastewater performance savings contract, a contract or lease for third-party financing, or any combination of such contracts, a state agency shall submit such proposed contract or lease to the Office of the Chief Financial Officer for review and approval.
The Office of the Chief Financial Officer shall complete its review and approval within 10 business days after receiving the proposed contract or lease. For contracts approved under this section, the criteria may, at a minimum, include the specification of a benchmark cost of capital and minimum real rate of return on energy, water, or wastewater savings against which proposals shall be evaluated. 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 consumer is responsible for payment of any insurance deductible;. It is insurance fraud punishable as a felony of the third degree for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by a property insurance policy; and.
It is insurance fraud punishable as a felony of the third degree to intentionally file an insurance claim containing any false, incomplete, or misleading information. In person;. By electronic means, including, but not limited to, e-mail, telephone, and any other real-time communication directed to a specific person; or.
By delivery to a specific person. Payment by the residential property owner or insurance company to a contractor for roofing services rendered does not constitute compensation for a referral. A contractor does not violate this paragraph if, as a result of the process of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate.
Notwithstanding s. If the contractor fails to include such notice, the residential property owner may void the contract within 10 days after executing it. This regulation seeks to enable qualified persons to obtain licensure, while ensuring that applicants have sufficient technical experience in the applicable trade prior to licensure, are tested on technical and business matters, and upon licensure are made subject to disciplinary procedures and effective policing of the profession.
This subsection shall not be construed to limit the exemptions provided in subsection 6. In an action brought under this subsection, proof of the sale or lease, or offering for sale or lease, of more than one such structure by the owner-builder within 1 year after completion of same is prima facie evidence that the construction was undertaken for purposes of sale or lease.
Prior to the owner qualifying for the exemption, the owner must receive approval from the local permitting agency, and the local permitting agency must determine that the contractor substantially completed the project. An owner who qualifies for the exemption under this paragraph is not required to occupy the dwelling or unit for at least 1 year after the completion of the project.
The local permitting agency shall provide the owner with a disclosure statement in substantially the following form: Disclosure Statement State law requires electrical contracting to be done by licensed electrical contractors. An employee, subcontractor, contractor, or affiliate of a company that operates under a certificate issued under chapter or chapter , or under a local franchise or right-of-way agreement, is not subject to any local ordinance that requires a permit for work related to low-voltage electrical work, including related technical codes, regulations, and licensure.
The scope of this exemption is limited to electrical circuits and equipment governed by the applicable provisions of Articles Classes 2 and 3 circuits only , , , , and of the National Electrical Code, current edition, or 47 C. This subsection does not relieve any person from licensure as an alarm system contractor. Nothing in this subsection shall be construed to provide any of the agencies mentioned in this subsection the authority to develop rules, criteria, or policy pursuant to this subsection.
The commercial property where banking operations are housed or other operations are conducted by a state or federally chartered financial institution or any parent, affiliate, or subsidiary thereof; or. This term also means any person, firm, or corporation that engages in the business of alarm contracting under an expressed or implied contract; that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of alarm contracting; or that by itself or by or through others engages in the business of alarm contracting.
The scope of certification is limited to alarm circuits originating in the alarm control panel and equipment governed by the applicable provisions of Articles , , , , and of the National Electrical Code, Current Edition, and National Fire Protection Association Standard 72, Current Edition.
The scope of certification for alarm system contractors also includes the installation, repair, fabrication, erection, alteration, addition, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, and conduit, or any part thereof not to exceed 98 volts RMS , when those items are for the purpose of transmitting data or proprietary video satellite systems that are not part of a community antenna television or radio distribution system or providing central vacuum capability or electric locks; however, this provision governing the scope of certification does not create any mandatory licensure requirement.
The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. A registered electrical contractor may contract only in the jurisdiction for which his or her registration is issued.
It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. A registered alarm system contractor I may contract only in the jurisdictions for which his or her registration is issued.
A registered alarm system contractor II may contract only in the jurisdiction for which his or her registration is issued. A registered residential alarm system contractor may contract only in the jurisdiction for which his or her registration is issued. The board shall consist of 11 members, 7 of whom shall be certified electrical contractors, 2 of whom shall be consumer members who are not, and have never been, electrical contractors or members of any closely related profession or occupation, and 2 of whom shall be certified alarm system contractors I.
The department may repeal any rule enacted by the board which has taken effect without having met proposed committee objections of the Administrative Procedures Committee. The examination fee shall be in an amount that covers the cost of obtaining and administering the examination and shall be refunded if the applicant is found ineligible to sit for the examination. The application fee is nonrefundable. The board shall establish fees that are adequate to ensure the continued operation of the board.
Fees shall be based on department estimates of the revenue required to implement this part and the provisions of law with respect to the regulation of electrical contractors and alarm system contractors. Be of good moral character;.
Pass the certification examination, achieving a passing grade as established by board rule; and. Meet eligibility requirements according to one of the following criteria: a. Has, within the 6 years immediately preceding the filing of the application, at least 3 years of proven management experience in the trade or education equivalent thereto, or a combination thereof, but not more than one-half of such experience may be educational equivalent;.
Has, within the 8 years immediately preceding the filing of the application, at least 4 years of experience as a supervisor or contractor in the trade for which he or she is making application, or at least 4 years of experience as a supervisor in electrical or alarm system work with the United States Armed Forces;. Has, within the 12 years immediately preceding the filing of the application, at least 6 years of comprehensive training, technical education, or supervisory experience associated with an electrical or alarm system contracting business, or at least 6 years of technical experience, education, or training in electrical or alarm system work with the United States Armed Forces or a governmental entity;.
Has, within the 12 years immediately preceding the filing of the application, been licensed for 3 years as a professional engineer who is qualified by education, training, or experience to practice electrical engineering; or. Has any combination of qualifications under sub-subparagraphs a. There is a substantial connection between the lack of good moral character of the individual and the professional responsibilities of a certified contractor; and.
The limit of the scope of work and responsibility of a certified specialty contractor shall be established by board rule. A certified specialty contractor category exists as an optional statewide licensing category. Qualification for certification in a specialty category created by rule shall be the same as set forth in paragraph 1 b.
The existence of a specialty category created by rule does not itself create any licensing requirement; however, neither does its optional nature remove any licensure requirement established elsewhere in this part. Electrical contractors and alarm system contractors must complete a 2-hour course on the Florida Building Code.
The board may determine that an individual applying for registration is ineligible due to failure to satisfy the requirement of good moral character only if: a. There is a substantial connection between the lack of good moral character of the individual and the professional responsibilities of a registered contractor; and. When an individual is found to be unqualified because of lack of good moral character, the board must furnish such individual a statement containing the findings of the board, a complete record of evidence upon which the determination was based, and a notice of the rights of the individual to a rehearing and an appeal.
The requirement to take and pass an examination in order to obtain a registration shall not apply to persons making application prior to the effective date of this act.
When a registrant desires to register in an additional area of the state, he or she shall comply with any local requirements of that area and then file a request with the department, together with evidence of holding a current license issued by the county or municipality for the area or areas in which he or she desires to be registered, whereupon his or her evidence of registration shall be endorsed by the department to reflect valid registration for the new area or areas.
For contractors, only time periods in which the contractor license is active and the contractor is not on probation shall count toward the 5 years required under this subsection. The board shall by rule establish a procedure to verify the accuracy of such affidavits based upon a random audit method. To establish competency, a person shall pass the appropriate examination administered by the department.
However, a local construction regulation board may deny the issuance of an electrical permit to a certified contractor, or issue a permit with specific conditions, if the local construction regulation board has found such contractor, through the public hearing process, to be guilty of fraud or a willful building code violation within the county or municipality that the local construction regulation board represents, or if the local construction regulation board has proof that such contractor, through the public hearing process, has been found guilty, in another county or municipality within the past 12 months, of fraud or a willful building code violation and finds, after providing notice to the contractor, that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the local construction board represents.
Notification of and information concerning such permit denial shall be submitted to the Department of Business and Professional Regulation within 15 days after the local construction regulation board decides to deny the permit.
However, a county, municipality, or special district may require any such electrical contractor or alarm system contractor to provide, at the final inspection of a fire alarm system, the documentation required by NFPA No. The method must include a veteran-specific application and provide, to the fullest extent possible, credit toward the requirements for licensure for military experience, training, and education received and completed during service in the United States Armed Forces if the military experience, training, or education is substantially similar to the experience, training, or education required for licensure.
The report shall include statistics and information relating to this section and s. The board shall by rule establish criteria for the approval of continuing education courses and providers and may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis. Electrical contractors engaged in alarm system contracting must also complete 2 hours on false alarm prevention.
The board shall establish by rule a procedure to verify the public liability and property damage insurance for a specified period, based upon a random sampling method. Such training shall be from a board-approved provider, and the employee or applicant for employment shall provide proof of successful completion to the licensed employer. The board shall by rule establish criteria for the approval of training courses and providers and may by rule establish criteria for accepting alternative nonclassroom education on an hour-for-hour basis.
The board shall approve providers that conduct training in other than the English language. Qualified employers may conduct training classes for their employees, with board approval. Although the employee is barred from operating as an alarm system agent for 3 years subsequent to his or her conviction, the employer shall be supplied the information regarding any convictions occurring prior to that time, and the employer may at his or her discretion consider an earlier conviction to be a bar to employment as an alarm system agent.
To ensure that this requirement has been met, a licensed electrical or alarm contractor must obtain from the Florida Department of Law Enforcement a completed fingerprint and criminal background check for each applicant for employment as a burglar alarm system agent or for each individual currently employed on the effective date of this act as a burglar alarm system agent.
A state-registered electrical contractor is not required to complete the training required for burglar alarm system agents, so long as he or she is only doing electrical work up to the alarm panel. However, the person must work under the direction and control of a sponsoring licensed electrical or burglar alarm system contractor pending the completion of the training and the criminal background check.
If an applicant or an individual employed on the effective date of this act does not complete the training or receive a satisfactory criminal background check within the day period, the employment must be terminated immediately.
The card must include a picture of the agent, must specify at least the name of the holder of the card and the name and license number of the contractor, and must be signed by the contractor and by the holder of the card. Each identification card is valid for a period of 2 years after the date of issuance. The identification card must be in the possession of each burglar alarm system agent while engaged in burglar alarm system agent duties. Such training must be from a board-approved provider, and the employee or applicant for employment must provide proof of successful completion to the licensed employer.
The board, by rule, shall establish criteria for the approval of training courses and providers. The board shall approve qualified providers that conduct training in other than the English language.
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