AB877: Bill Text

AB877,11,20 (a) Made a material misstatement in an application for a license or for renewal of a license or in any information submitted to the department.

AB877,11,23 (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the performance of roofing contracting services.

AB877,11,24 (c) Advertised in a manner that is false, deceptive, or misleading.

AB877,11,25 (d) Advertised, practiced, or attempted to practice under another's name.

AB877,12,3 (e) Subject to ss. 111.321, 111.322 and 111.34, performed roofing contracting services while his or her ability to practice was impaired by alcohol or other drugs or physical or mental disability or disease.

AB877,12,5 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 440.994 (1) (b).

AB877,12,7 (g) Committed gross negligence or misconduct, or acted in a grossly incompetent manner, in performing roofing contracting services.

AB877,12,9 (h) Been disciplined in another jurisdiction on grounds that are substantially similar to grounds specified in this subsection.

AB877,12,11 (i) Received compensation for roofing contracting services that were not performed.

AB877,12,14 (j) Grossly and knowingly overcharged for roofing contracting services or filed false statements for obtaining compensation for roofing contracting services that were not performed.

AB877,12,15 (k) Been adjudicated mentally incompetent by a court.

AB877,12,18 (L) Violated this subchapter or any rule promulgated under this subchapter or aided another person in violating this subchapter or any rule promulgated under this subchapter.

AB877,13,8 (3) The department may summarily suspend a license issued under this subchapter for a period not to exceed 30 days pending hearing if the department has in its possession evidence establishing probable cause to believe that the licensee has violated this subchapter or a rule promulgated under this subchapter and that it is necessary to suspend the license immediately to protect the public health, safety, or welfare. The licensee shall be granted an opportunity to be heard during the determination of whether or not probable cause exists. The department may designate any of its officers to exercise the authority granted by this subsection to suspend summarily a license, for a period not exceeding 72 hours. If a license has been summarily suspended by the department or any of its officers, the department may, while the hearing is in progress, extend the initial period of suspension for not more than an additional 30 days. If the licensee has caused a delay in the hearing process, the department may subsequently suspend the license from the time that the hearing is commenced until a final decision is issued or may delegate such authority to the hearing examiner.

AB877,13,13 440.997 Injunctive relief. If the department has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB877,13,19 440.998 Private cause of action. A person who is aggrieved by a violation of this subchapter or a rule promulgated under this subchapter may bring an action to enjoin further or continuing violations or to recover actual damages sustained as a result of a violation. In an action under this section, the court shall award costs and reasonable attorney fees, notwithstanding s. 814.04 (1), to a party who obtains injunctive relief or an award of damages.

AB877,13,23 440.999 Penalties. (1) A person who violates this subchapter or a rule promulgated under this subchapter may be fined not more than $1,000 or imprisoned for not more than 9 months or both. Each day of violation constitutes a separate offense.

AB877,14,3 (2) In addition to or in lieu of the penalties under sub. (1), the department may directly assess against a person who violates s. 440.991 (1) a forfeiture of not more than $5,000.

AB877, s. 16 Section 16. 452.01 (3j) of the statutes is renumbered 440.01 (1) (ae).

AB877, s. 17 Section 17. 452.01 (3k) of the statutes is renumbered 440.01 (1) (ag).

AB877, s. 18 Section 18 . Nonstatutory provisions.

AB877,14,7 (1) Initial appointments to roofing advisory council.

AB877,14,11 (a) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act, the initial members of the roofing advisory council shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

AB877,14,12 1. Two roofing contractor members, for terms expiring on July 1, 2005.

AB877,14,13 2. Two roofing contractor members, for terms expiring on July 1, 2006.

AB877,14,15 3. Two roofing contractor members and the public member, for terms expiring on July 1, 2007.

AB877,14,19 (b) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act, the roofing contractor members appointed under paragraph (a) are not required to be licensed at the time of appointment but must have been engaged in performing roofing contracting services during the 5-year period before the appointment.

AB877,15,4 (2) Emergency rules. The department of regulation and licensing may use the procedure under section 227.24 of the statutes to promulgate rules required under sections 440.992 (1) (d) and (3) and 440.994 (1) (a) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the rules may remain in effect until the date on which permanent rules take effect. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB877,15,10 (3) Contracts. If a person is affected by a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with section 440.991 (1) of the statutes, as created by this act, then, notwithstanding section 440.991 (1) of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the contract until the contract expires or is extended, modified, or renewed, whichever occurs first.

AB877, s. 19 Section 19. Initial applicability.

AB877,15,14 (1) State and municipal contracts. The treatment of sections 16.855 (14m) and 66.0901 (2m) of the statutes first applies to contracts entered into on the effective date of this subsection.

AB877,15,17 (2) Hospital, nursing home, and public building plans. The treatment of sections 50.02 (2) (b) 1., 50.36 (2) (a), and 101.12 (2m) of the statutes first applies to plans submitted on the effective date of this subsection.

AB877,15,20 (3) Building permits; nursing home approvals. The treatment of sections 101.65 (1s) and 150.29 (1) of the statutes first applies to applications submitted on the effective date of this subsection.

AB877, s. 20 Section 20. Effective dates. This act takes effect on the first day of the 10th month beginning after publication, except as follows:

AB877,15,23 (1) Section 18 (1 ) and (2) of this act takes effect on the day after publication.

AB877,15,24 (End)