The proposed rule amendment is intended to update and clarify language for licensure by endorsement.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-15.004Licensure by Endorsement

PURPOSE AND EFFECT: The proposed rule amendment is intended to update and clarify language for licensure by endorsement.

SUMMARY: Updating the rule language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 489.115(3) FS.

LAW IMPLEMENTED: 489.115(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Daniel Biggins, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-15.004 Licensure by Endorsement

(1) An applicant for license by endorsement as a certified general contractor, certified building contractor, or certified residential contractor is considered to have taken an examination of substantial equivalency, pursuant to 489.115(3)(a), Florida Statutes, by having passed all of the examinations below:

(a) The Commercial General Building Contractors examination of the National Association of State Contractors Licensing Agencies; and

(b) The Business and Finance examination pursuant to 61G4-16.001(22), F.A.C; and

(c) An examination on the Florida Building Code administered by the Department.

(1) The Department upon certification by the Board shall issue a license by endorsement to a contractor who submits a completed application to the Department accompanied by the application fee, and otherwise complies with the terms of this rule.

(2) If the applicant seeking licensure by endorsement engages in contracting as a sole proprietorship, then the applicant must demonstrate that:

(a) The applicant currently possesses a state-wide license in the appropriate category as a contractor under the laws of another state, and was required in order to be so licensed to meet standards of credit, financial responsibility, business reputation, and experience in the trade or the educational equivalent thereof substantially equivalent to those currently required for licensure by Florida law and these rules; and

(b) The out-of-state license was issued upon the satisfactory completion of an examination substantially equivalent to the examination currently given by the Department.

(3) If the applicant seeking licensure by endorsement engages in contracting as a partnership, corporation, business trust, or other legal organization, then the applicant must demonstrate that:

(a) The applicant currently possesses a state-wide license in the appropriate category as a contractor under the laws of another state, and was required in order to be so licensed to meet standards of credit, financial responsibility, and business reputation substantially equivalent to those required by Florida law and these rules; and

(b) The out-of-state license was issued upon the satisfactory completion of an examination by the applicant’s qualifying agent which examination is substantially equivalent to the examination given by the Department; and

(c) The qualifying agent of the applicant was required under the laws of the other state to possess experience in the trade or the educational equivalent thereof substantially equivalent to that required under Florida law.

(4) An applicant seeking endorsement under subsection (2) or (3) must also demonstrate that it has been engaged in contracting in the appropriate category in the state of licensure immediately preceding its application for licensure by endorsement in this state, and that there are no outstanding or unresolved complaints filed against the applicant in the other state.

(5) The Department is authorized to investigate for the purpose of corroborating any of the information submitted pursuant to this rule.

RulemakingSpecific Authority 489.115(3) FS. Law Implemented 489.115(3) FS. History–New 1-10-80, Formerly 21E-15.04, 21E-15.004, Amended 7-18-94, 11-13-97,          .             

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Construction Industry Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Construction Industry Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 15, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2018