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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to the Pinellas County Construction 2
Licensing Board, Pinellas County; codifying, 3
reenacting, amending, and repealing special acts 4
relating to the board; providing definitions; revising 5
membership of the board; revising commencement and 6
expiration of terms; removing provisions relating to 7
registration; removing obsolete funding and 8
certification provisions; removing provisions 9
requiring a code compliance bond and proof of certain 10
liability insurance as conditions for certification; 11
repealing chapters 75 -489, 78-594, 81-466, 85-490, 86-12
444, 89-504, 93-387, 99-441, 2002-350, 2003-319, 2004-13
403, 2018-179, and 2019-184, Laws of Florida; 14
providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. This act constitutes the codification of all 19
special acts relating to the Pinellas County Construction 20
Licensing Board, an agency that regulates certa in construction 21
and home improvement contractors practicing in Pinellas County, 22
Florida. 23
Section 2. Chapters 75-489, 78-594, 81-466, 85-490, 86-24
444, 89-504, 93-387, 99-441, 2002-350, 2003-319, 2004-403, 2018-25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
179, and 2019-184, Laws of Florida, are amen ded, codified, 26
reenacted, and repealed as herein provided. Notwithstanding the 27
codification or reenactment of any provision herein, nothing 28
herein may be construed as preventing the sunset of certain 29
license categories as provided for in chapter 2023 -271, Laws of 30
Florida. 31
Section 3. The charter for the Pinellas County 32
Construction Licensing Board is re -created and reenacted to 33
read: 34
Section 1. (1) It is hereby declared to be the public 35
policy of the state that, in order to safeguard the life, 36
health, property and public welfare of the citizens of Pinellas 37
County, the business of construction and home improvement is a 38
matter affecting the public interest and any person desiring to 39
engage in the business as herein defined on a countywide basis 40
without the necessity of meeting the competency requirements of 41
each municipality in Pinellas County and the requirements of 42
Pinellas County may establish his or her competency and 43
qualification to be certified as herein provided. 44
(2) The Legislature recognizes that the construction and 45
home improvement industries may pose a danger of significant 46
harm to the public when incompetent or dishonest contractors 47
provide unsafe, unstable, or short -lived products or services. 48
Therefore, it is necessary in the interest o f the public health, 49
safety, and welfare to regulate the construction industry in 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Pinellas County. 51
Section 2. Definitions. — 52
(1) The definitions found in ss. 489.105(3) and (6) and 53
489.505(1), (2), (9), and (12), Florida Statutes, as may be 54
amended from time to time, apply to this entire act. 55
(2) Notwithstanding subsection (1), the definitions of the 56
terms plumbing contractor, master plumber, tile and marble 57
specialty contractor, irrigation system specialty contractor, 58
carpentry specialty contractor, natural gas specialty 59
contractor, painting specialty contractor, marine specialty 60
contractor, flatwork masonry specialty contractor, structural 61
masonry contractor, drywall specialty contractor, air 62
conditioning journeyman, journeyman electric, journeyman 63
plumber, and contracting may be determined by rules established 64
by the Pinellas County Construction Licensing Board. 65
(3) The term "board" or "PCCLB" means the Pinellas County 66
Construction Licensing Board. 67
Section 3. Pinellas County Construction Licen sing Board; 68
organization, meetings, and powers. — 69
(1) The PCCLB is created, within the County of Pinellas, 70
consisting of 15 members. All members of the board must be 71
residents of Pinellas County with the exception of any 72
governmental building officials. A ll members of the board shall 73
be appointed by the Pinellas County Board of County 74
Commissioners, as follows: 75
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(a) Eight members including the following: 76
1. One general contractor who is licensed to do business 77
in this state and actively engaged in the profession. 78
2. One architect who is registered to practice in this 79
state and actively engaged in the profession. 80
3. One residential contractor who is licensed to do 81
business in this state and actively engaged in the profession. 82
4. One electrical cont ractor who is licensed to do 83
business in this state and actively engaged in the profession. 84
5. One plumbing contractor who is licensed to do business 85
in this state and actively engaged in the profession. 86
6. One mechanical contractor or Class A air -conditioning 87
contractor who is licensed to do business in this state and 88
actively engaged in the profession. 89
7. One roofing or sheet metal contractor who is licensed 90
to do business in this state and actively engaged in the 91
profession. 92
8. One swimming pool contractor, specialty structure 93
contractor, or veneer specialty contractor who is licensed to do 94
business in this state and actively engaged in the profession. 95
(b) A Pinellas County building official. 96
(c) Two consumer representatives not affiliated wit h the 97
construction industry. 98
(d) A fire official. 99
(e) Three building officials as follows: 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. A North county building official from one of the 101
following municipalities: Clearwater, Tarpon Springs, Dunedin, 102
Oldsmar, Safety Harbor, Belleair, Belleair B luffs, or Largo. 103
2. A South county building official from one of the 104
following municipalities: St. Petersburg, South Pasadena, 105
Gulfport, Seminole, Kenneth City, or Pinellas Park. 106
3. A Beach community building official from one of the 107
following municipalities: Belleair Beach, Belleair Shore, 108
Redington Beach, North Redington Beach, Madeira Beach, Indian 109
Rocks Beach, Indian Shores, Redington Shores, Treasure Island, 110
or St. Pete Beach. 111
(2)(a) To be eligible for appointment to the first board, 112
each member, other than the building official, the architect, 113
and the consumer member, shall personally hold an unexpired 114
certified license issued by the City of St. Petersburg, the City 115
of Clearwater, the County of Pinellas, or the State of Florida 116
at the time of appointment; be actively engaged in his or her 117
respective business and have been so engaged for a period of at 118
least 5 consecutive years before the date of appointment; and be 119
a citizen and resident of the county. 120
(b) Each member of the board, other than th e building 121
official, the architect, and the consumer member, succeeding the 122
original appointees shall possess the qualifications prescribed 123
in paragraph (a). 124
(3)(a) A board member may not serve more than two 125
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consecutive terms of 4 years but may be reappo inted after a 2-126
year hiatus. This limitation shall not apply to any of the 127
governmental buildings official or fire official appointees. 128
(b) The terms of the following members expire in even -129
numbered years: the general contractor, the architect, the 130
residential contractor, the electrical contractor, the consumer 131
representative, and the North county and Beach Community 132
building officials. The terms of the following members shall 133
commence in odd-numbered years: the mechanical contractor or 134
Class A air conditioning contractor; the fire official; the 135
roofing or sheet metal contractor; the swimming pool contractor, 136
specialty structural contractor, or veneer specialty contractor; 137
the plumbing contractor; the consumer representative; and the 138
South county building official. 139
(c) As the terms of the members expire, the Board of 140
County Commissioners shall appoint a member to fill the vacancy 141
for a term for 4 years. The board shall elect from its members a 142
chair and a vice chair for term of up to 2 years. All terms of 143
office expire on September 30 of the last year of the term. 144
Vacancies in the membership occurring prior to the end of a 145
member's term for any cause shall be filled by the Pinellas 146
County Board of County Commissioners. 147
(4) The board shall meet regularly as needed. Special 148
meetings of the board may be held as the board provides in its 149
rules and regulations. A majority of the members of the board 150
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constitutes a quorum. 151
(5) The board is authorized to adopt rules and regulations 152
in accordance with s. 162.08, Florida Statutes, to carry out the 153
provisions of this act. 154
(6) Any member of the board or duly appointed hearing 155
officer designated by the board may administer oaths and take 156
testimony about all matters within the jurisdiction of the 157
board, issue subpoenas which shall be supported by affidavit, 158
serve subpoena and other process, and compel the attendance of 159
witnesses and the production of books, papers, documents, and 160
other evidence. Chapter 120, Florida Statutes, will govern 161
hearings conducted by or on b ehalf of the board. The board is 162
designated an "agency" as defined in s. 120.52(1)(c), Florida 163
Statutes, for purposes of utilizing the Division of 164
Administrative Hearings of the Department of Administration. 165
(7) The board is authorized to employ personne l and incur 166
expenses as necessary to perform its duties and enforce this act 167
and shall sue and be sued in its official name. 168
(8) The board shall adopt a seal for its use containing 169
the words "Pinellas County Construction Licensing Board." 170
(9) The board is authorized to waive any examination 171
requirements for PCCLB certification of a contractor or 172
journeyman, except that all required insurance coverage shall 173
not be waived. 174
(10) The board shall be empowered to issue cease and 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
desist orders in accordance with s. 489.113, Florida Statutes, 176
to prohibit any person from engaging in the business of 177
contacting who does not hold the required certification for the 178
type of work being performed under this act. 179
(11) The board shall be empowered to emp loy investigators 180
or inspectors to enforce the provisions of this act and to issue 181
citations in accordance with s. 489.127(5), Florida Statutes, 182
for violations of this act. 183
(12) The board is authorized, for good cause shown, to 184
establish such other reaso nable classifications of contractors 185
or journeymen in the construction industry as are required or 186
requested by any municipal or county building department in 187
addition to those specifically enumerated herein, including, but 188
not limited to: aluminum contrac tors, swimming pool contractors, 189
gas contractors, roofing contractors, and carpentry contractors. 190
Certification of such contractors or journeymen shall be on a 191
countywide basis in accordance with the procedure governing 192
other contractors as set forth in th is act. 193
(13) Board staff are employees of Pinellas County, and 194
Pinellas County is responsible for all costs associated 195
therewith. The board is a dependent agency of the Board of 196
County Commissioners. The Board of County Commissioners may 197
adopt rules to implement this act, including, but not limited 198
to, rules relating to board finances and contribution for costs 199
associated with this act to be borne by the county, and may 200
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remove any member of the board at will. 201
(14)(a) The board shall subm it to all local governments in 202
Pinellas County, and make available to the public, a complete 203
report on finances and administrative activities of the board as 204
of the end of each fiscal year. 205
(b) The board is subject to periodic audits performed by a 206
certified auditor chosen by the Board of County Commissioners. 207
(15) Each member of the board who is not otherwise 208
required to file a financial disclosure statement pursuant to s. 209
8, Art. II of the State Constitution or s. 112.3144, Florida 210
Statutes, must file an annual disclosure of financial interests 211
pursuant to s. 112.3145, Florida Statutes. 212
(16) Notwithstanding any law to the contrary, if the 213
qualified electors of Pinellas County voting in a referendum 214
approve the transfer of all authority of the board t o the Board 215
of County Commissioners, the board shall stand dissolved as of 216
the effective date of the referendum. 217
Section 4. Disposition of fees; expenses; compensation. —218
All moneys collected by the board shall be received, deposited, 219
expended, and accounted for pursuant to law. The expenses of the 220
board and its officers and of the examinations held by the 221
board, and of other matters in connection with this act, shall 222
be paid from the money collected under this act. Members of the 223
board shall receive per diem and mileage as provided by law. 224
Section 5. Board jurisdiction and duties. — 225
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(1) Except as herein provided, the board shall have 226
concurrent jurisdiction with municipal examining boards. 227
(2) The board shall have the duty to promulgate rules and 228
regulations governing the certification of those engaging in 229
county-wide contracting and shall provide for the examination of 230
those so engaged. 231
(3) The board shall have the duty to promulgate rules and 232
regulations governing the county -wide certification o f 233
journeymen and shall provide for the examination of those so 234
engaged. 235
(4) The board shall have the authority to employ persons 236
to enforce the provisions of Section 13(1) of this act. 237
(5) The board shall have the duty to promulgate rules and 238
regulations for the administration of a citation program and 239
training of investigators in accordance with s. 489.127(5)(l), 240
Florida Statutes. 241
Section 6. Examination committees. — 242
(1) The board shall establish four examination committees 243
to establish the examin ations required for certification under 244
this act. One committee shall consist of the board itself to 245
establish and administer the qualifications for certification 246
and the examination for the general contractors, building 247
contractors and residential buildin g contractors, and specialty 248
contractors; one committee shall consist of the Chief Mechanical 249
Inspector from either the City of St. Petersburg, the City of 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Clearwater, or the County of Pinellas, and two mechanical 251
contractors residing and engaged in busine ss within the county, 252
all of whom shall be appointed by the board to establish and 253
administer, subject to approval by the board, the qualifications 254
for certification and the examination for mechanical 255
contractors; one committee shall consist of the Chief E lectrical 256
Inspector from either the City of St. Petersburg, the City of 257
Clearwater, or the County of Pinellas and two electrical 258
contractors residing and engaged in business within the county, 259
all of whom shall be appointed by the board to establish and 260
administer, subject to approval by the board, the qualifications 261
for certification and the examination for electrical 262
contractors; and one committee shall consist of the Chief 263
Plumbing Inspector from either the City of St. Petersburg, the 264
City of Clearwater or the County of Pinellas, and two plumbing 265
contractors residing and engaged in business within the county, 266
all of whom shall be appointed by the board to establish and 267
administer, subject to approval by the board, the qualifications 268
for certification and the examination for plumbing contractors. 269
(2) The examination committees for electrical contractors, 270
plumbing contractors, and mechanical contractors shall also give 271
examinations for certificates of competency for journeymen in 272
the electrical, plumbing, and mechanical trades, respectively. 273
For purposes of this act, the term "journeyman" means a person 274
who is the holder of a valid certificate of competency issued by 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the board after passing the required examination as provided in 276
this act and who is thereby entitled to perform the manual work 277
of installing plumbing, mechanical, or electrical installations 278
under the general direction of a master in the trade. Each 279
examination committee shall determine the matter to be covered 280
by the examination. The examinati on shall be of a practical and 281
elementary character sufficiently strict to test the 282
qualifications of the applicant. 283
(3) The board shall have jurisdiction over all the 284
examinations and regulations pursuant to this act. 285
Section 7. Certification. — 286
(1) To obtain a PCCLB certificate, an applicant shall 287
submit an application in writing to the board containing the 288
statement that the applicant desires the issuance of a 289
certificate and the class of certificate desired on a form 290
containing the information pr escribed by the board, accompanied 291
by the prescribed fee. 292
(2)(a) Examinations shall be held at times and places 293
within the county as the board determines, but there shall be at 294
least three examinations a year. Each applicant shall take an 295
objective written examination about his or her fitness for a 296
certificate in the category for which application is made. There 297
shall be a type of examination for all contractor categories 298
that shall apply to the type of work covered by the certificate 299
applied for. The exa mination shall cover knowledge of basic 300
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principles of contracting and construction applicable to the 301
category for which a certificate is requested. It shall be an 302
open-book examination consisting of multiple -choice, fill-in, 303
true-false, or short-answer questions and may include or consist 304
of diagrams, plans, or sketches in connection with which the 305
applicant is required to demonstrate his or her knowledge of 306
construction by answering questions keyed to the diagrams, 307
plans, or sketches or make a drawing if r equired by a 308
certificate of competency examination. All examinations shall be 309
prepared by an independent testing agency, subject to approval 310
of the board. 311
(b) A passing grade on the examination is 70 percent. 312
(c) Persons desiring to engage in specialty building 313
trades with the county which are not covered by this act and 314
require a municipal or county examination for licensing or 315
certification shall be required to take and pass only one such 316
examination that shall then be recognized in all other 317
municipalities and the county without the necessity for an 318
additional examination. 319
(3) Examinations for journeymen certificates of competency 320
shall be conducted by an independent agency and shall be held at 321
the times, conducted in the manner, require the passing grade, 322
and shall be otherwise similar to those prescribed in subsection 323
(2). 324
(4) Upon receipt of the fee and application, the board 325
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shall investigate the financial responsibility, credit, and 326
business reputation of the applicant and of any business 327
organization on behalf of which he or she proposes to engage in 328
contracting, and the education and experience of the applicant. 329
Within 30 days from the date of the examination, the board shall 330
tell the applicant in writing whether he or she has qualified 331
and, if the applicant has qualified, that it is ready to issue a 332
certificate in the category for which application was made, 333
subject to compliance with the requirements of subsection (5). 334
(5) As a prerequisite to issuance of a contractor's PCCLB 335
certificate, the board shall require the applicant to submit 336
satisfactory evidence that he or she has obtained public 337
liability and property damage insurance for the safety and 338
welfare of the public in amounts to be determined by the board. 339
Thereupon, the PCCLB certifi cate shall be issued forthwith, but 340
this subsection does not apply to inactive certificates. 341
(6) If an applicant for an original PCCLB certificate, 342
after having been notified to do so, does not appear for 343
examination within 1 year from the date of filing his or her 344
application, the fee paid by him or her shall be credited to the 345
board as an earned fee. A new application for a PCCLB 346
certificate shall be accompanied by another application fee. 347
Forfeiture of a fee may be waived by the board for good cause. 348
(7) When a PCCLB certificateholder desires to engage in 349
contracting in any area of the county, including municipalities, 350
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as a prerequisite therefor, he or she shall only be required to 351
exhibit to the local building official evidence of holding a 352
current certificate issued by the board accompanied by the fee 353
for the occupational license and building permit required of 354
other persons. He or she shall not be required to take a 355
municipal examination to prove his or her competency to obtain a 356
municipal license. 357
(8) When a state certificateholder desires to engage in 358
contracting in any area of the county, including municipalities, 359
as a prerequisite therefor, he or she shall be required to 360
exhibit to the local building official, tax collector, or other 361
person in charge of the issuance of licenses and building 362
permits in the area evidence of holding a current state 363
certificate accompanied by the fee for the occupational license 364
and the building permit required of other persons. A state 365
certificateholder shall not b e required to take an examination 366
to prove his or her competency for the county or municipality to 367
obtain a county or municipal license. 368
(9) The PCCLB certificate shall not be transferable. 369
(10) Persons not desiring to engage in contracting on a 370
county-wide basis may take any required examination of any 371
municipality within which he or she wishes to limit his or her 372
business, except that he or she must register with the board in 373
addition thereto. 374
(11) A municipality may require persons desiring to engage 375
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in the business of contracting within its boundaries to comply 376
with the examination requirements provided in this act rather 377
than requiring its own examination, but it shall not require 378
both. 379
Section 8. Business organizations. — 380
(1) When a natural person proposes to do business in his 381
or her own name, a PCCLB certification, when granted, shall be 382
issued only to that individual. 383
(2)(a) If the applicant proposing to engage in contracting 384
is a partnership, corporation, business trust, or other legal 385
entity, the application shall state the name of the partnership 386
and of its partners, or the name of the corporation and of its 387
officers and directors, or the name of the business trust and 388
its trustees, or the name of such other legal entity and its 389
members, and furnish evidence of statutory compliance if a 390
fictitious name is used. The application shall also show that 391
the person applying for the examination is legally qualified to 392
act for the business organization in all matters connected with 393
its contracting business and that he or she has authority to 394
supervise construction undertaken by the business organization. 395
The PCCLB certification shall be in the name of the qualifying 396
individual. If a natural person so qualified on behalf of the 397
business organization ceases to be affiliated with the business 398
organization, he or she shall inform the board as provided in 399
this act. In addition, if the natural person is the only 400
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qualified natural person affiliated with the business 401
organization, the business organization shall notify the board 402
of his or her termination and shall have a period of 60 days 403
from the termination of his or her affiliation with the business 404
organization in which to qualify another natural person under 405
the provisions of this act, failing which the certification of 406
the business organization shall be subject to revocation by the 407
board. 408
(b) The natural person shall also inform the board in 409
writing when he or she proposes to engage in contrac ting in his 410
or her own name or in affiliation with another business 411
organization, and he or she or the new business organization 412
shall supply the same information to the board as required for 413
an applicant under this act. 414
(c) After an investigation of the financial 415
responsibility, credit, and business reputation of the natural 416
person or the new business organization, and upon a favorable 417
determination, the board shall forthwith issue without charge or 418
examination a new PCCLB certificate in the natural pers on's 419
name. 420
(3) When a business organization makes application for an 421
occupational license in any municipality, the application shall 422
be made with the tax collector in the name of the business 423
organization, and the license, when issued, shall be issued to 424
the business organization upon payment of the appropriate 425
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licensing fee and exhibition to the tax collector of a valid 426
certificate issued by the board. The business organization's 427
certified representative shall not be required, upon exhibition 428
of this evidence, to take a municipal examination to prove 429
competency to obtain a municipal license. 430
Section 9. Reciprocal certification. —The board shall have 431
the authority to grant PCCLB certification to any person who 432
holds a certificate or is registered or otherwise similarly 433
licensed by any other municipality or county in the state. 434
Section 10. Renewal and restoration of certificates. — 435
(1) PCCLB certificates shall expire annually at midnight 436
on September 30. 437
(2) Failure to renew the certificate during September 438
shall cause the certificate to become inoperative, and it is 439
unlawful thereafter for any person to engage or offer to engage 440
or hold himself or herself out as engaging in contracting under 441
the PCCLB certificate unless the certificate is restored or 442
reissued. 443
(3) A certificate that is inoperative because of failure 444
to renew shall be restored on payment of the proper renewal fee 445
if the application for restoration is made by September 30 of 446
the subsequent year. If the application for restoration is not 447
made within the 1-year period, the fee for restoration shall be 448
equal to the original application fee and, in addition, the 449
board may require reexamination of the applicant. 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) A person who is registered o r holds a valid PCCLB 451
certificate from the board may go on inactive status, during 452
which time he or she shall not engage in contracting but may 453
retain his or her certificate on an inactive basis on payment of 454
an annual renewal fee during the inactive perio d. 455
Section 11. Fees.— 456
(1) The board is authorized to establish reasonable fees 457
for PCCLB certification, examination, Board of Adjustment and 458
Appeals hearings, annual renewal fees, and such other fees 459
deemed necessary to accomplish the purposes of thi s act. 460
(2) Any funds received by the board from fees which remain 461
uncommitted and unexpended at the end of each biennium shall be 462
paid into the county general revenue fund. 463
Section 12. Records. — 464
(1) All information required by the board of any appl icant 465
for a PCCLB certificate or journeymen shall be a public record, 466
except that financial information and examination grades are 467
confidential and shall not be discussed with anyone except 468
members of the board and its staff, but the applicant is 469
entitled to see his or her examination papers and grades. An 470
applicant may waive in writing the confidentiality of his or her 471
examination for the purpose of discussion at meetings of the 472
board. 473
(2) If a PCCLB certificateholder changes his or her name 474
style, address, or employment from that appearing on his or her 475
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current certificate, he or she shall notify the board of the 476
change within 30 days after it occurs. 477
(3) All examinations shall be retained for a period of 2 478
years from the date of the examination. 479
Section 13. Prohibitions; penalties. — 480
(1) No person shall: 481
(a) Falsely hold himself or herself out as a 482
certificateholder; 483
(b) Falsely impersonate a certificateholder; 484
(c) Present as his or her own the certificate of another; 485
(d) Give false or for ged evidence to the board or a member 486
thereof for the purpose of obtaining a PCCLB certificate; 487
(e) Use or attempt to use a certificate which has been 488
suspended or revoked; 489
(f) Engage in the business or act in the capacity of a 490
contractor or advertise himself or herself as available to 491
engage in the business or act in the capacity of a contractor 492
without being duly certified; or 493
(g) Operate a business organization engaged in contracting 494
after 60 days following the termination of its only qualifying 495
agent without designating another qualifying agent. 496
(2) Any person who violates any of the provisions of 497
subsection (1) is guilty of a misdemeanor of the first degree, 498
punishable as provided in s. 775.082 or s. 775.083, Florida 499
Statutes. 500
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Section 14. Revocation or suspension of certificate. — 501
(1) On its own motion or the verified written complaint of 502
any person, the board may investigate the action of any 503
contractor certified under this act and hold hearings pursuant 504
to law. When any complaint involve s a contractor certified or 505
registered under this act for acts or omissions occurring in any 506
area of the county that has a local board, the board shall 507
forward the complaint to the local board where the alleged 508
violation occurred for its action. Where no l ocal board exists, 509
or when such local board waives its jurisdiction, the board 510
shall take jurisdiction. The board may take appropriate 511
disciplinary action if the contractor is found to be guilty of 512
or has committed any one of the acts or omissions constitu ting 513
cause for disciplinary action set out herein or adopted as rules 514
or regulations by the board. 515
(2) The following acts constitute cause for disciplinary 516
action: 517
(a) Obtaining a certificate by fraud or misrepresentation. 518
(b) Being convicted or foun d guilty, regardless of 519
adjudication, of a crime in any jurisdiction which directly 520
relates to the practice of contracting or the ability to 521
practice contracting. 522
(c) Violation of chapter 455, Florida Statutes. 523
(d) Willfully or deliberately disregardin g and violating 524
the applicable building codes or laws of the state, the board, 525
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or any municipality or county of this state. 526
(e) Performing any act which assists a person or entity in 527
engaging in the prohibited uncertified and unregistered practice 528
of contracting, if the certificateholder knows or has reasonable 529
grounds to know that the person or entity was uncertified. 530
(f) Knowingly combining or conspiring with an uncertified 531
person by allowing his or her certificate to be used by the 532
uncertified person with the intent to evade the provisions of 533
this act. When a certificateholder allows his or her certificate 534
to be used by one or more business organizations without having 535
any active participation in the operations, management, or 536
control of such business organizations, such act constitutes 537
prima facie evidence of an intent to evade the provisions of 538
this act. 539
(g) Acting in the capacity of a contractor under any 540
certificate issued hereunder except in the name of the 541
certificateholder as set forth on the issued certificate, or in 542
accordance with the personnel of the certificateholder as set 543
forth in the application for the certificate, or as later 544
changed as provided in this act. 545
(h) Committing mismanagement or misconduct in the practice 546
of contracting that causes financial harm to a customer. 547
Financial mismanagement or misconduct occurs when: 548
1. Valid liens have been recorded against the property of 549
a contractor's customer for supplies or services ordered by the 550
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contractor for the customer's job; the c ontractor has received 551
funds from the customer to pay for the supplies or services; and 552
the contractor has not had the liens removed from the property, 553
by payment or by bond, within 30 days after the date of such 554
liens. 555
2. The contractor has abandoned a customer's job and the 556
percentage of completion is less than the percentage of the 557
total contract price paid to the contractor as of the time of 558
abandonment, unless the contractor is entitled to retain such 559
funds under the terms of the contract or refunds the excess 560
funds within 30 days after the date the job is abandoned. 561
3. The contractor's job has been completed, and it is 562
shown that the customer has had to pay more for the contracted 563
job than the original contract price, as adjusted for subsequent 564
change orders, unless such increase in cost was the result of 565
circumstances beyond the control of the contractor, was the 566
result of circumstances caused by the customer, or was otherwise 567
permitted by the terms of the contract between the contactor and 568
the customer. 569
(i) Being disciplined by any municipality or county for an 570
act or violation of this act, which discipline shall be reviewed 571
by the board before the board takes any disciplinary action of 572
its own. 573
(j) Failing in any material respect to comply wit h the 574
provisions of this act. 575
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(k) Abandoning a construction project in which the 576
contractor is engaged or under contract as a contractor. A 577
project is to be considered abandoned after 90 days if the 578
contractor terminates the project without notification to the 579
prospective owner and without just cause. 580
(l) Signing a statement with respect to a project or 581
contract falsely indicating that the work is bonded; falsely 582
indicating that payment has been made for all subcontracted 583
work, labor, and materials which results in a financial loss to 584
the owner, purchaser, or contractor; or falsely indicating that 585
workers' compensation and public liability insurance are 586
provided. 587
(m) Being found guilty of fraud or deceit or of gross 588
negligence, incompetency, or misconduct in the practice of 589
contracting. 590
(n) Proceeding on any job without obtaining applicable 591
local building department permits and inspections. 592
(3) If a contractor disciplined under subsection (1) is a 593
qualifying agent for a business organization and the violation 594
was committed in connection with a construction project 595
undertaken by that business organization, the board may impose 596
an additional administrative fine not to exceed $1,000 against 597
the business organization or aga inst any partner, officer, 598
director, trustee, or member if such person participated in the 599
violation or knew or should have known of the violation and 600
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failed to take reasonable corrective action. 601
(4) The board may specify by rule the acts or omissions 602
which constitute violations of this section. 603
(5) The board is authorized to take the following 604
disciplinary action: 605
(a) Suspend the certificateholder from all operations as a 606
contractor during the period fixed by the board, but the board 607
may permit the certificateholder to complete any contracts then 608
uncompleted. 609
(b) Revoke a certificate. 610
(c) Impose an administrative fine or penalty not to exceed 611
$1,000, which shall be recoverable by the board only in an 612
action at law. 613
(d) Require restitution and im pose reasonable 614
investigative and legal costs. 615
(6) After suspension of the certificate on any grounds set 616
forth in this section, the board may remove the suspension on 617
proof of compliance by the contractor with all conditions 618
prescribed by the board for removal of suspension, or, in the 619
absence of the conditions, as in the sound discretion of the 620
board. 621
(7) After revocation of a certificate, the certificate 622
shall not be renewed or reissued for at least 1 year after 623
revocation and then only on a showing of rehabilitation of the 624
contractor. The lapse or suspension of a certificate by 625
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operation of law or by order to the board or a court, or its 626
voluntary surrender by a certificateholder, does not deprive the 627
board of jurisdiction to investigate or act in disciplinary 628
proceedings against the certificateholder. 629
(8) The board may restrain any violation of this act by 630
action in a court of competent jurisdiction. 631
Section 15. Applicability. — 632
(1) Nothing in this act lim its the power of a municipality 633
or the county to regulate the quality and character of work 634
performed by contractors through a system of permits, fees, and 635
inspections that are designed to secure compliance with and aid 636
in the implementation of state and l ocal building laws or to 637
enforce other local laws for the protection of the public health 638
and safety. 639
(2) Nothing in this act limits the power of a municipality 640
or county to collect occupational license and inspection fees 641
for engaging in contracting, or examination fees from persons 642
who are registered with the board pursuant to local examination 643
requirements. 644
(3) Nothing in this act limits the power of the 645
municipalities or counties to adopt any system of permits 646
requiring submission to and approval by the municipality or 647
county of drawings and specifications for work to be performed 648
by contractors before commencement of the work. 649
(4) Nothing in this act shall be construed to waive any 650
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requirements of any existing local ordinance or resolution of 651
the board of county commissioners regulating the type of work 652
required to be performed by a specialty contractor. 653
(5) Any official authorized to issue building or other 654
related permits shall ascertain that the applicant contractor is 655
duly certified before is suing the permit. The evidence shall 656
consist only of the exhibition to him or her of current evidence 657
of certification. 658
(6) Municipalities or cities may continue to provide 659
examinations for their territorial areas, provided that: 660
(a) To engage in contr acting in the territorial area, an 661
applicant must also be registered with the board. 662
(b) All local contractors' licensing boards or agencies 663
shall transmit annually during August to the board the names of 664
all local licensees, the status of the license, a nd a report of 665
any disciplinary action taken against the licensee. 666
(c) A certificate has not been issued by the board. 667
(7) The right to create local boards in the future by any 668
municipality or the county is preserved. 669
(8) This act applies to any cont ractor performing work for 670
the state, county, or any municipality. They are required to 671
determine compliance with this act before giving a commencement 672
order on any of its contracts for construction, improvement, 673
remodeling, or repair. 674
(9) If an incomplete contract exists at the time of death 675
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of a contractor, the contract may be completed by any person 676
even though not certified. The person shall notify the board 677
within 30 days after the death of the contractor of his or her 678
name and address. For purposes of this subsection, an incomplete 679
contract is one which has been awarded to, or entered into by, 680
the contractor before his or her death or on which he or she was 681
the low bidder and the contract is subsequently awarded to him 682
or her regardless of whether an y actual work has commenced under 683
the contract before his or her death. 684
Section 16. Exemptions. —This act does not apply to: 685
(1) Contractors who work exclusively on bridges, roads, 686
streets, highways, railroads, or utilities and services 687
incidental thereto. 688
(2) Any employee of a certificateholder who is a 689
subordinate of such certificateholder if the employee does not 690
hold himself or herself out for hire or engage in contracting 691
except as an employee. 692
(3) An authorized employee of the United States, Florida, 693
or any municipality or county, irrigation district, reclamation 694
district, or other municipal or political corporation or 695
subdivision of this state as long as the employee does not hold 696
himself or herself out for hire or otherwise engage in 697
contracting except in accordance with his or her employment. 698
(4) An officer appointed by a court when he or she is 699
acting within the scope of his or her office as defined by law 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or court order. When construction projects that were not 701
underway at the time of a ppointment of the officer by the court 702
are undertaken, he or she shall employ or contract with a 703
certificateholder. 704
(5) Public utilities on construction, maintenance, and 705
development work performed by their forces and incidental to 706
their business. 707
(6) The sale or installation of any finished products, 708
materials, or articles or merchandise which are not actually 709
fabricated into and do not become a permanent fixed part of the 710
structure, except for spas or inground swimming pools with a 711
capacity in excess of 200 gallons, and for above -ground swimming 712
pools with a capacity in excess of 200 gallons that involve 713
excavation, plumbing, chemicals, or wiring of any appliance 714
without a factory-installed electrical cord and plug. This 715
subsection shall not be constru ed to limit the exemptions 716
provided in subsection (7). 717
(7) Owners of property building or improving one or two -718
family residences thereon for the occupancy of such owners and 719
not offered for sale. In all actions brought under this act, 720
proof of the sale or offering for sale of more than one such 721
structure by the owner -builder within 1 year after completion of 722
same is prima facie evidence that such structure was undertaken 723
for purposes of sale. This subsection does not exempt any person 724
who is engaged by su ch owner or any person other than the owner 725
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who acts in the capacity of a contractor. 726
(8) Any construction, alteration, improvement, or repair 727
carried on within the limits of any site the title to which is 728
in the United States, or to any construction, al teration, 729
improvement, or repair on any project where federal law 730
supersedes this act. 731
(9) Any work or operation of a casual, minor, or 732
inconsequential nature in which the aggregate contract price for 733
labor, materials, and all other items is less than $5 00, but 734
this exemption does not apply: 735
(a) If the construction, repair, remodeling, or 736
improvement is a part of a larger or major operation whether 737
undertaken by the same or a different contractor or in which a 738
division of the operation is made in contra cts of amounts less 739
than $500 for the purpose of evading this act or otherwise. 740
(b) To a person who advertises as a contractor or 741
otherwise represents or exhibits by any manner or device that he 742
or she is qualified to engage in contracting. 743
(10)(a) Any construction or operation incidental to the 744
construction or repair of irrigation and drainage ditches; 745
(b) Regularly constituted irrigation districts or 746
reclamation districts; or 747
(c) Clearing or other work on the land in rural districts 748
for fire prevention purposes or otherwise, except when performed 749
by a certificateholder or registrant under this act. 750
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(11) A registered architect or engineer acting in his or 751
her professional capacity. 752
(12) Any person who only furnishes materials or su pplies 753
without fabricating them into or consuming them in the 754
performance of the work of the contractor. 755
(13) Any person as defined and licensed under chapter 527, 756
Florida Statutes, when such person is performing the work 757
authorized by such license. 758
(14) Any person who is certified under chapter 489, 759
Florida Statutes. 760
Section 17. It is the intent of the Legislature to provide 761
for uniform building codes and uniform life safety codes for 762
Pinellas County. It is further the intent of the Legislature to 763
provide for continuing uniformity of the aforementioned codes by 764
placing the sole authority for making technical amendments to 765
the codes, applicable within the boundaries of Pinellas County, 766
with the Pinellas County Construction Licensing Board. 767
Section 18. For the purpose of establishing rules and 768
regulations for the construction, alteration, removal, 769
demolition, equipment, use, occupancy, location, and maintenance 770
of buildings and structures, Pinellas County hereby recognizes 771
as applicable to the c ounty the codes known as: 772
(1) The Florida Building Code, as may be amended or 773
updated pursuant to general law. 774
(2) The applicable version of the National Fire Protection 775
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Association Life Safety Code 101 adopted through the provisions 776
of the Florida Fire Prevention Code or adopted pursuant to the 777
powers of the Florida State Fire Marshal as described in Florida 778
Administrative Code s. 4A -60, as either may be subsequently 779
amended. 780
781
Copies of all amendments or variations thereto adopted by the 782
board pursuant to the provisions of Section 19 shall be filed 783
with and available for inspection at the office of the board. 784
Section 19. The board shall have the power to amend the 785
codes from time to time, subject to the requirements of s. 786
553.73(4), Florida Statutes , and may adopt variations for 787
different areas of the county if the variations are justified 788
under the procedures contained herein and in s. 553.73, Florida 789
Statutes. Before making any amendment or variation, the board 790
shall refer the proposed amendment to the appropriate county -791
wide Board of Adjustment and Appeals described in Section 22 for 792
study and recommendations. The board shall then hold a public 793
hearing on the proposed amendment or variation and shall reject, 794
adopt, or defer action upon the recommen dation of the Board of 795
Adjustment and Appeals. A two -thirds vote of the board is 796
required to reject any recommendation of the Board of Adjustment 797
and Appeals. The board may adopt amendments to the codes that 798
are necessary as a condition precedent to any fe deral or state-799
sponsored program, and the governing body of any municipality or 800
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the county may adopt amendments to the administrative chapter of 801
the Florida Building Code. For the purposes of s. 553.73, 802
Florida Statutes, and chapter 98 -287, Laws of Florida , as 803
amended by chapter 98 -419, Laws of Florida, and chapter 2001 -804
186, Laws of Florida, and as may be subsequently amended, the 805
Pinellas County Construction Licensing Board shall be the sole 806
local governing body authorized to make technical amendments to 807
the Florida Building Code or the version of the National Fire 808
Protection Association Life Safety Code 101 as described in 809
Section 18 and is deemed to be the county -wide compliance review 810
board for Pinellas County as required by s. 553.73(4)(f), 811
Florida Statutes. The PCCLB shall likewise be the local 812
administrative board for the provision of interpretations upon 813
request of local building officials and for the resolution of 814
conflicts of interpretations between local building officials 815
and local fire code enfor cement officials. The resolution of 816
these disputes shall be in accordance with applicable general 817
law. The decision of the board interpreting a code, resolving a 818
conflict of interpretation, or adopting an amendment following a 819
recommendation by the applica ble Board of Adjustment and Appeals 820
shall be the final local determination of the matter which is 821
subject to the appeal to the Florida Building Commission 822
pursuant to s. 553.73, Florida Statutes, or the State Fire 823
Marshal pursuant to chapter 633, Florida S tatutes. 824
Section 20. Except as provided in this law for amendments 825
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and variations, the codes shall be exclusively controlling in 826
the construction of all buildings and structures within Pinellas 827
County, and no municipality or the county shall adopt any 828
technical amendments, ordinances, rules, or regulations for the 829
construction, alteration, removal, demolition, equipment, use, 830
occupancy, location, and maintenance of buildings and structures 831
that conflict with the codes as amended. 832
Section 21. Inspect ion and enforcement of the codes shall 833
be effected by the county, the municipalities in Pinellas 834
County, or the authorized designees of either. 835
Section 22. (1) The board shall create four Boards of 836
Adjustment and Appeals as follows: 837
(a) A plumbing, mechanical, and gas Board of Adjustment 838
and Appeals consisting of one mechanical engineer, two plumbing 839
contractors, two natural gas contractors, and two mechanical or 840
Class A air conditioning contractors. This Board of Adjustment 841
and Appeals shall have th e powers and duties specified in 842
subsection (2) for appeals relating to plumbing, mechanical, and 843
gas provisions of the Florida Building Code. 844
(b) An electrical Board of Adjustment and Appeals 845
consisting of one electrical engineer, two electrical 846
contractors, and one member of the building industry at large. 847
This Board of Adjustment and Appeals shall have the powers and 848
duties provided in subsection (2) for appeals relating to the 849
electrical code. 850
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(c) A Board of Adjustment and Appeals for the Florida 851
Building Code provisions not falling within the jurisdiction of 852
the board created by subsection (a) or subsection (b). 853
(d) A life safety and fire code Board of Adjustment and 854
Appeals consisting of two active fire marshals, two active 855
building officials, an d a fifth member to be selected from the 856
joint recommendation of the fire marshals and building officials 857
comprising such Board of Adjustment and Appeals. 858
(2) Any appeal which may be brought before either the 859
Board of Adjustment and Appeals for the Flori da Building Code or 860
the Board of Adjustment and Appeals for the Life Safety and Fire 861
Code shall be referred to the latter. The Board of Adjustment 862
and Appeals for the Life Safety and Fire Code shall determine 863
whether it has jurisdiction over said appeal. U pon a 864
determination that said board has no jurisdiction, the appeal 865
shall be considered by the Board of Adjustment and Appeals for 866
the Florida Building Code. The Boards of Adjustment and Appeals 867
shall meet as frequently as is required but not less often th an 868
once every 3 months. Members of the boards shall serve without 869
compensation. Any person aggrieved by a ruling of a building 870
director or a fire marshal or other fire official of any 871
municipality or of the county, or any building director or fire 872
marshal or other fire official desiring interpretation of a 873
code, may file a written appeal to the proper Board of 874
Adjustment and Appeals. However, if the municipality in which 875
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the dispute occurred has established a Board of Adjustment and 876
Appeals, the aggrieved p arty must first appeal to the municipal 877
board. After a decision is rendered by the municipal board, the 878
aggrieved party shall have 15 days to file the appeal provided 879
for in this subsection. The decision of the boards shall be 880
furnished to the appealing pa rty in writing within 15 days after 881
the meeting at which the appeal was considered. The decisions of 882
the boards are subject to appeal pursuant to s. 553.73, Florida 883
Statutes. 884
Section 23. Each Board of Adjustment and Appeals shall 885
have authority to inte rpret its respective code adopted for the 886
county. Interpretations of the codes shall be based upon 887
specific findings of fact and may be made when any provision of 888
the code is ambiguous as applied to an activity subject to the 889
code or to allow alternate mat erial and types of construction if 890
found to be in conformity with the intent of said code. The 891
codes shall be interpreted liberally to provide safe, economic, 892
and sound buildings and structures in the county. Code 893
interpretations of any Board of Adjustment and Appeals made 894
under this section shall be final administrative actions and 895
shall not be subject to review by the board. Final decisions of 896
the board or any Board of Adjustment and Appeals shall be based 897
upon substantial competent evidence and shall be subject to 898
review by the Florida Building Commission or the Florida State 899
Fire Marshal. 900
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Section 4. Chapters 75-489, 78-594, 81-466, 85-490, 86-901
444, 89-504, 93-387, 99-441, 2002-350, 2003-319, 2004-403, 2018-902
179, and 2019-184, Laws of Florida, are repea led. 903
Section 5. This act shall take effect upon becoming a law. 904