The Board proposes the rule amendment to delete unnecessary language and to add new language to update and clarify procedures for qualifying additional businesses.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-15.0021 Business Organizations

PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to update and clarify procedures for qualifying additional businesses.

SUMMARY: To delete and update the 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: 489.108 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 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:

 

61G4-15.0021 Business Organizations.

(1)(a) A licensee may have his license(s) issued in his name as an individual or may be the qualifying agent for a partnership, corporation, or other business organization.

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

(1)(2) For purposes of this rule practice as an individual is considered practice as a business organization. After the licensee qualifies one business organization, any request to qualify another business organization is subject to approval must be approved by the Board.

(3)(a) A qualifying contractor shall complete the Financial Responsibility Acknowledgement Statement supplied by the Department.

(2)(b) If the business organization has a financially responsible officer, the financially responsible officer shall complete the required application, shall comply with the requirement of Rule 61G4-15.006(1), F.A.C., and shall provide to the Department a bond or irrevocable letter of credit in form acceptable to the Board’s Executive Director made payable to the Board, for fines and costs, in the amont of $100,000. , rather than the qualifying contractor, shall complete the following forms which are incorporated by reference:

1. DBPR CILB 4366, Financially Responsible Officer Application, 2007 November 1,

2. If applicable, DBPR 0050, Explanatory Information for Background Questions, 2007 November 1,

3. If applicable, DBPR 0060, General Explanatory Description, 2007 November 1,

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, 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 Board will rule on applications for designation as the financially responsible officer.

(4) An individual must receive the approval of the Board to qualify more than one business organization.

(3)(a)(5) The applicant seeking to qualify an additional business organization must appear before the Board unless the applicant owns 20% or greater at least 50% of the business organization(s) presently qualified and at least 50% of the proposed business organization(s) and the applicant otherwise qualifies for approval. The Board office shall schedule all required appearances before the Board. All applicants shall comply with the guidelines mailed to them with the application forms, titled “Questionnaire – Qualifying Additional Business Organization,” supplied by the Department.

(b) Any applicant applying to qualify an additional business organization that will result in the applicant qualifying three or more business organizations must appear before the Board.

(4)(6) Qualification of a business organization is only effective as to that business organization; subsidiaries or parents of qualified business organizations must be separately qualified.

Rulemaking 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, 12-13-09,____________.

 

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 11, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 20, 2018