The Board proposes the rule amendment to correct references to Section 489.129(1), Florida Statutes and to add new reference and language.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

RULE NO: RULE TITLE
61G4-22.001: Mediation
PURPOSE AND EFFECT: The Board proposes the rule amendment to correct references to Section 489.129(1), Florida Statutes and to add new reference and language.
SUMMARY: The rule amendment will correct references to Section 489.129(1), Florida Statutes and to add new reference and language to Section 489.129(1)(q), Florida Statutes.
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, 455.2235 FS.
LAW IMPLEMENTED: 455.2235 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:

61G4-22.001 Mediation.

The following alleged violations may be resolved by mediation using the procedure adopted by the department pursuant to Section 455.2235, F.S.:

(1) Section 489.129(1)(g)(h), F.S., Committing misconduct or mismanagement in the practice of contracting that causes financial harm to a customer.

(2) Sections 489.129(1)(i)(j), 489.1195, F.S., Failing in any material respect to comply with the provisions of Chapter 489, Part I, F.S., by failing to properly supervise the activities of a construction business qualified by the contractor.

(3) Section 489.129(1)(j)(k), F.S., Abandoning a construction project.

(4) Section 489.129(1)(l)(m), F.S., Committing fraud or deceit in the practice of contracting.

(5) Section 489.129(1)(m)(n), F.S., Committing incompetency or misconduct in the practice of contracting.

(6) Section 489.129(1)(n), F.S., Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of contracting.

(7) Section 489.129(1)(q), F.S., Failing to satisfy within a reasonable time the terms of a civil judgment.

Rulemaking Authority 489.108, 455.2235 FS. Law Implemented 455.2235 FS. History–New 6-27-95, Amended_________.

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: May 13, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 3, 2009