The purpose and effect of the proposed rule is to adopt new application forms.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.: RULE TITLE:
61-35.010: Construction Industry Departmental Forms
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to adopt new application forms.
SUMMARY: Within the first paragraph the Department proposes to add language to provide the contact information for individuals/organizations who want to obtain a Construction Industry application form. The following subsections provide information for a person/organization desiring licensure and the necessary application to submit. A subsection is provided for each type of licensure and application.
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: The economic review conducted by the agency.
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: 455.203, 455.213 FS.
LAW IMPLEMENTED: 455.213(1), 489.109, 489.111, 489.113, 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118, 489.119 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sheri Snyder, Division of Professions, 1940 North Monroe St., Tallahassee, FL 32399-0783, [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sheri Snyder, Division of Professions, 1940 North Monroe St., Tallahassee, FL 32399-0783, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61-35.010 Construction Industry Departmental Forms.

The following Construction Industry Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by mail from the Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, FL 32399-0790, [phone]:

(1) REGISTERED CONTRACTOR. – Persons applying to become licensed as a Registered Contractor shall use the following forms:

(a) Form DBPR CILB 2 – Application for Registered Contractor as an Individual, effective________, is adopted and incorporated by reference.

(b) Form DBPR CILB 3 – Application for Registered Contractor Qualifying a Business, effective________, is adopted and incorporated by reference.

(c) Form DBPR CILB 4 – Application for Registered Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(2) CERTIFIED CONTRACTOR. –

(a) Persons applying to become licensed as a General Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified General Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified General Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified General Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(b) Persons applying to become licensed as a Building Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Building Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Building Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7-Application for Certified Building Contractor Qualifying an Additional Business Entity effective________, is adopted and incorporated by reference.

(c) Persons applying to become licensed as a Residential Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Residential Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Residential Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Residential Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(d) Persons applying to become licensed as a Sheet Metal Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Sheet Metal Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Sheet Metal Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Sheet Metal Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(e) Persons applying to become licensed as a Specialty Structure Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Specialty Structure Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Specialty Structure Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Specialty Structure Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(f) Persons applying to become licensed as a Mechanical Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Mechanical Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Mechanical Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Mechanical Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(g) Persons applying to become licensed as a Class-A Air Conditioning Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Class-A Air Conditioning Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Class-A Air Conditioning Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Class-A Air Conditioning Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(h) Persons applying to become licensed as a Class-B Air Conditioning Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Class-B Air Conditioning Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Class-B Air Conditioning Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Class-B Air Conditioning Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(i) Persons applying to become licensed as a Roofing Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Roofing Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Roofing Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Roofing Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(j) Persons applying to become licensed as a Commercial Pool Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Commercial Pool Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Commercial Pool Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Commercial Pool Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(k) Persons applying to become licensed as a Residential Pool Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Residential Pool Contractor as an Individual, effective ________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Residential Pool Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Residential Pool Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(l) Persons applying to become licensed as a Pool Servicing Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Pool Servicing Contractor as an Individual effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Pool Servicing Contractor Who is Qualifying a Business, effective ________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Pool Servicing Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(m) Persons applying to become licensed as a Plumbing Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Plumbing Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Plumbing Contractor Who is Qualifying a Business, effective ________, is adopted and incorporated by reference.

3. Form DBPR CILB 7- – Application for Certified Plumbing Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(n) Persons applying to become licensed as a Underground Utility and Excavation Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Underground Utility and Excavation Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Underground Utility and Excavation Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Underground Utility and Excavation Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(o) Persons applying to become licensed as a Solar Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Solar Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Solar Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Solar Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(p) Persons applying to become licensed as a Pollutant Storage Systems Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Pollutant Storage Systems Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Pollutant Storage Systems Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Pollutant Storage Systems Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(q) Persons applying to become licensed as a Drywall Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Drywall Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Drywall Contractor Who is Qualifying a Business, effective ________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Drywall Contractor Qualifying an Additional Business Entity, effective ________, is adopted and incorporated by reference.

(r) Persons applying to become licensed as a Gas Line Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Gas Line Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Gas Line Specialty Contractor Who is Qualifying a Business, effective ______________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Gas Line Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(s) Persons applying to become licensed as a Glass and Glazing Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Glass and Glazing Contractor as an Individual, effective ______________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Glass and Glazing Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Glass and Glazing Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(t) Persons applying to become licensed as a Marine Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Marine Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Marine Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Marine Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(3) CERTIFIED SWIMMING POOL SPECIALTY CONTRACTOR.–

(a) Persons applying to become licensed as a Swimming Pool Layout Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Layout Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Layout Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Layout Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(b) Persons applying to become licensed as a Swimming Pool Structural Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Structural Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Structural Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Structural Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(c) Persons applying to become licensed as a Swimming Pool Excavation Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Excavation Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Excavation Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Excavation Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(d) Persons applying to become licensed as a Swimming Pool Trim Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Trim Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Trim Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Trim Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(e) Persons applying to become licensed as a Swimming Pool Decking Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Decking Specialty Contractor as an Individual, effective________, adopted herein by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Decking Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Decking Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(f) Persons applying to become licensed as a Swimming Pool Piping Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Piping Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Piping Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Piping Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(g) Persons applying to become licensed as a Swimming Pool Finishes Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5 – Application for Certified Swimming Pool/Spa Finishes Specialty Contractor as an Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 6 – Application for Certified Swimming Pool/Spa Finishes Specialty Contractor Who is Qualifying a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 7 – Application for Certified Swimming Pool/Spa Finishes Specialty Contractor Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(4) MAINTAIN AN EXISTING LICENSE.–

(a) Persons applying to change license status to active or inactive shall use the following forms:

1. Form DBPR CILB 11 – Application for Change of Status-Inactive to Active Individual, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 12 – Application for Change of Status-Inactive to Active and Qualify a Business, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 13 – Application for Change of Status-Inactive to Active and Qualify an Additional Business Entity, effective________, is adopted and incorporated by reference.

4. Form DBPR CILB 14 – Application for Change of Status-Active to Inactive, effective________, is adopted and incorporated by reference.

(b) Persons/Entities applying to change license status, Individual – Business – Qualifying Business, shall use the following forms:

1. Form DBPR CILB 15 – Application for Change of Status-Individual to Qualifying Business, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 16 – Application for Change of Status-Individual to Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

3. Form DBPR CILB 17 – Application for Change of Status-From Qualifying a Business to Individual License, effective________, is adopted and incorporated by reference.

4. Form DBPR CILB 18 – Application for Change of Status-One Qualified Business to Another Qualified Business, effective________, is adopted and incorporated by reference.

5. Form DBPR CILB 19 – Application for Change of Status-One Qualified Business to Another-Qualifying an Additional Business Entity, effective________, is adopted and incorporated by reference.

(c) Persons applying to change names or addresses shall use the following forms:

1. Form DBPR CILB 22 – Request for Address or Name Change, effective________, is adopted and incorporated by reference.

2. Form DBPR CILB 23 – Request for Name Change for Construction Business Entities, effective________, is adopted and incorporated by reference.

(5) ADDITIONAL FORMS. –

(a) To add, change or remove a financially responsible officer: Form DBPR CILB 8 – Application for Financially Responsible Officer, effective________, is adopted and incorporated by reference.

(b) To qualify an additional business entity with an existing license: Form DBPR CILB 9 – Application for Qualifying an Additional Business Entity Under the Same License Category, effective________, is adopted and incorporated by reference.

(c) To obtain certification as a general contractor by endorsement: Form DBPR CILB 10-Application for Endorsement as Individual Certified General Contractor, effective________, is adopted and incorporated by reference.

(d) To obtain limited non-renewable registration: Form DBPR CILB 20-Application for Limited Non-Renewable Registration, effective________, is adopted and incorporated by reference.

(e) To obtain registration as a swimming pool specialty contractor practical examiner: Form DBPR CILB 21-Application for Registration as a Swimming Pool Specialty Contractor Practical Examiner, effective________, is adopted and incorporated by reference.

(f) For a qualifying agent to change their status: Form DBPR CILB 24-Request for Change of Status for Qualifying Agent(s), effective________, is adopted and incorporated by reference.

(g) To obtain a duplicate license: Form DBPR CILB 25-Request for Duplicate License, effective________, is adopted and incorporated by reference.

(h) To reinstate null and void certification or registration: Form DBPR CILB 26-Application to Reinstate Null and Void Certification or Registration, effective________, is adopted and incorporated by reference.

(i) To obtain continuing education provider approval: Form DBPR CILB 27-Continuing Education Provider Approval Application, effective________, is adopted and incorporated by reference.

(j) To obtain approval or renewal of a continuing education course: Form DBPR CILB 28-Continuing Education Course Approval Application, effective________, is adopted and incorporated by reference.

Rulemaking Authority 455.203, 455.213 FS. Law Implemented 455.213(1), 489.109, 489.111, 489.113, 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118, 489.119 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Winters, Executive Director, Division of Professions, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 28, 2011