THE BILL ITSELF
CS/HB 4035
Palm Beach County
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An act relating to Palm Beach County; amending chapter
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67-1876, Laws of Florida, as amended; revising
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requirements for the examinations administered by the
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Palm Beach County Construction Industry Licensing
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Board for certificates of competency; revising the
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Board's applicant review process; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 5 of chapter 67-1876, Laws of Florida,
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as amended, is amended to read:
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Section 5. Certification.—
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(A) To obtain a certificate of competency an applicant
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shall submit an application in writing to the Board containing
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the statement that the applicant desires the issuance of a
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certificate and the class of certificate desired on a form
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containing the information prescribed by the Board which shall
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be accompanied by the fee fixed by the Board. All applicants
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must be of good moral character and 18 years of age or older.
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(B) The application shall contain the following:
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(1) Evidence in the form of affidavits from former
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employers, building officials, school officials, or other
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persons to verify the required experience and education.
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(2) A credit report on the applicant from a nationally
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recognized credit agency.
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(3) Any other pertinent information prescribed by the
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Board by rule or regulation.
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(C)(1) Examinations shall be administered held at times
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and locations places within the county as the Board determines,
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but there shall be offered at least one examination every 3
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months. Each applicant must complete an objective written
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examination that evaluates the applicant's qualifications for
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certification in the category for which the applicant applies.
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The examination must be tailored to the scope of work associated
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with the requested certificate and must assess knowledge of
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contracting and construction principles relevant to that
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category. At the Board's discretion, an applicant for a
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specialty contractor and journeyman certificate may fulfill the
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examination requirement through an oral examination. An
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applicant must achieve a passing grade on all required exams
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prior to being eligible for Board certification A maximum of
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four examinations in a category may be taken in a 12-month
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period, but examinations may not be rescheduled until 60 days
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have elapsed. Each applicant shall take an objective written
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examination about his fitness for a certificate in the category
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for which application is made. There shall be a type of
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examination for each of the categories which shall apply to the
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type of work covered by the certificate applied for. The
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examination shall cover knowledge of basic principles of
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contracting and construction applicable to the category for
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which a certificate is requested. The Board may authorize
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applicants for specialty contractors and journeymen certificates
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to complete the examination requirements by taking and passing
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an oral examination.
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(2) A passing grade on the examination is 75 percent.
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(D) Upon Following receipt of the required fee and a
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complete application, the Board shall review investigate the
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applicant's qualifications, including the applicant's financial
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responsibility, credit history reputation, education,
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examination, experience, and business reputation, and the
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business reputation of any business agency on behalf of which
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the applicant proposes to engage in contracting. The review must
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also include any business entity that the applicant represents
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in contracting activities. If the applicant achieves a passing
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score on the examination and satisfies all other requirements,
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the Board shall confirm to the applicant the Board's readiness
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If the applicant is approved by the Board the applicant shall be
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notified to appear for an examination. Within 30 days from the
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date of the examination, the Board shall inform the applicant in
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writing whether or not he has qualified, and, if the applicant
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has qualified, that it is ready to issue the appropriate a
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certificate in the category for which application was made,
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subject to the applicant's compliance with any additional
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provisions outlined in the requirements of subsection (F) of
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this section.
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(E) Applicants who contract in violation of this act
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before certification by the Board or passing the examination may
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be disqualified upon a majority vote of the Board. Applicants
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violating examination and examination review rules such as
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unauthorized removal of examinations or questions from exam
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room, or cheating during examinations also may be disqualified
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by a majority vote of the Board.
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(F) As a prerequisite to issuance of a certificate, the
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Board shall require the applicant to submit satisfactory
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evidence that he has obtained public liability insurance and a
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license bond in amounts to be determined by the Board. The
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certificate shall then be issued forthwith, but this subsection
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does not apply to the issuance or renewal of inactive
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certificates.
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(G) If an applicant for an original certificate, after
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having been notified to do so, does not appear for examination
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within 60 days from the date of filing his application, the fee
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paid by him shall be credited to the Board as an earned fee. New
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application for a certificate shall be accompanied by another
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application fee fixed by the Board.
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(H) When a certificate holder desires to engage in
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contracting in any area of the county, within or without a
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municipality, as a prerequisite therefore, he shall only be
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required to exhibit to the local building official, tax
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collector, or other person in charge of the issuance of licenses
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and building permits in the area, evidence of holding a current
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certificate accompanied by the fee for the occupational license
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and building permit required of other persons.
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(I) A certified journeyman shall only be required to hold
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a current certificate of competency in order to engage in his
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trade as a journeyman in any municipality or unincorporated area
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within Palm Beach County.
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(J) The certificate shall not be transferable.
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(K) The Board may adopt rules prescribing procedures for
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the certification of contractors and journeymen by reciprocal
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agreement.
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(L) Upon the effective date of this act, any person
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licensed or otherwise permitted to engage in business as a
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contractor by reciprocal agreements in any municipality or any
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unincorporated area of Palm Beach County may continue to engage
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in business as a contractor in the particular municipality or
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municipalities or unincorporated areas of Palm Beach County in
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which he is presently engaged in business without taking the
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examination under this act, but he shall not be permitted to
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engage in business as a contractor in other areas of Palm Beach
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County unless he first obtains a certificate from the Board or
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satisfies the requirements of such municipality or
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unincorporated area.
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Section 2. This act shall take effect upon becoming a law.