Bill No. CS/HB 697
Amendment No. 194137
Senate House

1Representative Gelber offered the following:
3     Amendment to Senate Amendment (427394) (with title
5     Between lines 968 and 969, insert:
6     Section 27.  Section 489.1138, Florida Statutes, is created
7to read:
8     489.1138  Certification of tower crane operators.--
9     (1)  Definitions.--As used in this section, the term:
10     (a)  " Tower crane " means a nonmobile, power-operated
11hoisting machine used in construction, maintenance, demolition,
12or excavation work that has a power-operated winch, load-line,
13and boom moving laterally. A tower crane is a temporary
14structure and is not subject to building codes or other
15provision of law, rule, or ordinance applicable to permanent
17     (b)  "Tower crane operator" means a person engaged in
18operating a tower crane.
19     (2)  CERTIFICATION OF TOWER CRANES.--A tower crane may be
20operated in this state only if the tower crane has been
21certified to meet the America Society of Mechanical Engineers
22standards for construction of tower cranes, ASME B30.3-2004, as
23modified by American Society of Civil Engineers standard ASCE
2437-02. Certification must be from a certification organization
25that meets the standards of the American National Standards
26Institute, the American Society of Mechanical Engineers, or the
27Accreditation requirements of the National Commission for
28Certifying Agencies.
30operate a tower crane on a construction project only if he or
31she is certified as a crane operator by the National Commission
32for the Certification of Crane Operators.
33     (4)  DUTIES OF CONTRACTORS.--For each construction project
34for which a contractor is responsible under this part, the
35contractor shall produce a list identifying the certified tower
36cranes and certified tower crane operators used on the project
37and identifying the qualified personnel supervising the
38erection, modification, and dismantling of each tower crane used
39on the project. The contractor shall maintain this list for the
40duration of the construction project and shall provide the list
41to the department pursuant to any investigation for a violation
42of this part.
43     (5)  PENALTIES.--Any person licensed under this part who
44intentionally violates subsection (2) or subsection (3) is
45subject to discipline pursuant to ss. 455.227 and 489.129.
47SUPERVISION.--Notwithstanding the certification requirements of
48this section, a person undergoing training for the purpose of
49qualifying for tower crane operator certification pursuant to
50this section may operate a tower crane if such a person is under
51the direct supervision of a tower crane operator who holds a
52current and valid certification to operate the tower crane
53operated by such person.
54     Section 28.  Section 489.1139, Florida Statutes, is created
55to read:
56     489.1139  Preemption.--Regulation of tower cranes and tower
57crane operators as is expressly preempted to the state and no
58county, municipality, or other political subdivision shall enact
59or enforce any ordinance relating to matters within the scope of
60this section and s. 489.1138. Nothing in this section preempts
61enforcement of an ordinance imposing more stringent wind
62velocity standards by a municipality, county, or political
63subdivision identified in the high-velocity hurricane zone as
64that term is defined in s. 1612 of the Florida Building Code and
65s. R301.2 of the Florida building Code Residential, provided
66such ordinance has been adopted and is in effect on or before
67May 1, 2008.
T I T L E  A M E N D M E N T
71     Remove line 1098 and insert:
72report to the Legislature; creating s. 489.1138, F.S.; providing
73definitions; requiring certification of tower cranes and
74operators; providing duties for contractors; providing for
75disciplinary actions; providing an exception; creating s.
76489.1139, F.S.; preempting regulation of tower cranes and tower
77crane operators to the state; providing an exception; providing
78an effective date.

CODING: Words stricken are deletions; words underlined are additions.

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