The proposed amendments are to remove and update to clarify rule text.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NOS.:RULE TITLES:

61G4-15.0021Business Organizations

61G4-15.006Financial Responsibility and Financial Stability, Grounds for Denial

PURPOSE AND EFFECT: The proposed amendments are to remove and update to clarify rule text.

SUMMARY: Remove old information of rule text.

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, 489.115(5)(6) FS.

LAW IMPLEMENTED: 455.213, 489.105, 489.115, 489.119, 489.1195, 489.143, 489.115(5)(6) 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: Donald Shaw, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039, or telephone: [phone], or by electronic mail to [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-15.0021 Business Organizations.

(1) through (2) No change.

(3)(a) The applicant seeking to qualify an additional business organization must appear before the Board unless the applicant otherwise qualifies for approval, and:

1. No change.

2. The applicant demonstrates unequivocally that the applicant has been hired as a W-2 employee of the proposed business where the business is currently qualified or was previously qualified within 90 days of submitting the application.

(b) No change.

(4) No change.

Rulemaking Authority 489.108 FS. Law Implemented 455.213, 489.105, 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, 2-28-19, 10-2-19,_________.

 

61G4-15.006 Financial Responsibility and Financial Stability, Grounds for Denial.

(1) No change.

(2) The financial stability ground on which the Board shall refuse to qualify an applicant is failure to provide proof of either a financial stability bond or an irrevocable letter of credit from a bank authorized to do business in the State of Florida. The bond or letter of credit must be in a form acceptable to the Board and must remain in effect until the applicant can demonstrate a credit score, FICO derived, of 660 or higher. Applicants who are unable to provide a credit score, FICO derived, of 660 or higher, shall meet the financial stability requirement by completion of a 14-hour financial responsibility course approved by the Board., and must be payable as provided in Rule 61G4-15.0021, F.A.C., for Financially Responsible Officers in the amount of:

(a) $20,000 for Division I applicants.

(b) $10,000 for Division II applicants.

(3) Fifty percent of the financial stability bond or the letter of credit requirement may be met by completion of a 14-hour financial responsibility course approved by the Board.

(4) renumbered (3) No change.

Rulemaking Specific Authority 489.115(5), (6) FS. Law Implemented 489.115(5), (6) FS. History–New 1-6-80, Amended 5-4-80, Formerly 21E-15.06, 21E-15.006, Amended 10-31-96, 11-13-97, 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: November 12, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2022