The Board proposes the rule amendment in response to changes in law and to clarify the Financially Responsible after the Bond is payable to a committee and the certification for Business organizations and change the payee of the Bond.  


  • RULE NO: RULE TITLE
    61G4-15.0021: Certification and Registration of Business Organizations
    PURPOSE AND EFFECT: The Board proposes the rule amendment in response to changes in law and to clarify the Financially Responsible after the Bond is payable to a committee and the certification for Business organizations and change the payee of the Bond.
    SUMMARY: The rule amendment is in response to changes in law and to clarify the Financially Responsible after the Bond is payable to a committee and the certification for Business organizations and change the payee of the Bond.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
    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.
    SPECIFIC AUTHORITY: 489.108 FS.
    LAW IMPLEMENTED: 455.213, 489.105, 489.107, 489.115, 489.119, 489.1195, 489.143 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32399-5257

    THE FULL TEXT OF THE PROPOSED RULE IS:

    61G4-15.0021 Certification and Registration of Business Organizations.

    (1)(a) No change.

    (b) A certification or registration issued to a business organization shall bear the name of the business organization, the address of the business organization, and the license number of the business organization.

    (b)(c) A certificate or registration issued to a business organization authorizes the A business organization shall to contract only within the scope of work of the qualifying contractor’s certificate or registration.

    (d) For purposes of compliance with Section 489.119(5), F.S., all advertising must bear either the qualifying contractor’s individual license number or the business organization’s license number.

    (e) Licenses issued to business organizations shall be valid for two years and renewable thereafter.

    (2) No change.

    (3)(a) No change.

    (b)1. through 3. No change.

    4. DBPR CILB 4356, Bond Application, 2007 November 1. The forms may be obtained via internet at http://www.myfloridalicense.com/dbpr/pro/cilb/documents/fro_application_package.pdf, or by contacting the Customer Contact Center of the Department of Business and Professional Regulation at 1940 N. Monroe Street, Tallahassee, FL 32399-1039. In addition, the financially responsible officer shall comply with the requirements of Rule 61G4-15.006, F.A.C., except that the financially responsible officer shall also demonstrate a personal or business organization net worth of at least $10,000 regardless of the category of contractor’s license held by any other qualifier for the business organization, $10,000 cash and a bond in form acceptable to the Board’s Executive Director made payable to the Board, for fines and costs, Florida Homeowners’ Construction Recovery Fund in the amount of $100,000. For purposes of Section 489.105(14), F.S., a “person” means a human being who is at least eighteen (18) years of age.

    (c) The additional entities application committee of the Board will rule on applications for designation as the financially responsible officer.

    (d) The chairperson of the Board shall appoint members to the additional entities committee of the Board, one committee shall review all applications for designation as a financially responsible officer. The committee will forward the application to the Board with a recommendation to approve, recommendation to approve subject to conditions, a recommendation to disapprove, or no recommendation.

    (4) No change.

    (5) A committee of the Board will review all applications for qualification of an additional business organization. The committee will forward the application to the Board with a recommendation to approve, a recommendation to approve subject to conditions, a recommendation to disapprove, or no recommendation.

    (5)(6) The applicant seeking to qualify an additional business organization must appear before the Committee for review of the application, and may appear before both the Committee and the Board unless the applicant owns at least 50% of the business organization(s) presently qualified and at least 50% of the proposed business organization(s) and the applicant otherwise qualfies for approval. The Board office shall schedule all required qualified applicants for appearances before the Board Committee. All applicants shall comply with the guidelines mailed to them with the application forms, titled “Questionnaire – Qualifying Additional Business Organization,” supplied by the Department.

    (6)(7) No change.

    Rulemaking Specific Authority 489.108 FS. Law Implemented 455.213, 489.105, 489.107, 489.115, 489.119, 489.1195, 489.143 FS. History–New 12-6-83, Formerly 21E-15.021, Amended 3-29-88, 8-8-88, 9-24-92, 12-28-92, Formerly 21E-15.0021, Amended 7-18-94, 7-5-95, 11-12-95, 2-6-96, 7-1-96, 9-3-96, 11-27-96, 11-13-97, 9-15-98, 7-7-05, 1-23-06, 10-22-06, 2-12-08,_________.


    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: September 9, 2009
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 1, 2009

Document Information

Comments Open:
10/9/2009
Summary:
The rule amendment is in response to changes in law and to clarify the Financially Responsible after the Bond is payable to a committee and the certification for Business organizations and change the payee of the Bond.
Purpose:
The Board proposes the rule amendment in response to changes in law and to clarify the Financially Responsible after the Bond is payable to a committee and the certification for Business organizations and change the payee of the Bond.
Rulemaking Authority:
489.108 FS.
Law:
455.213, 489.105, 489.107, 489.115, 489.119, 489.1195, 489.143 FS.
Contact:
G. W. Harrell, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32399-5257
Related Rules: (1)
61G4-15.0021. Certification and Registration of Business Organizations