The purpose and effect of the proposed rule amendments are to update and revise Rule 61E1-4.001, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination

    RULE NO.:RULE TITLE:

    61E1-4.001Licensure of Business Organizations and Qualifying Agents

    PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to update and revise Rule 61E1-4.001, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.

    SUMMARY: The proposed rulemaking amends Rule 61E1-4.001, F.A.C., in order to update and revise the rules to clarify existing language, incorporate forms by reference, and remove unnecessary 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: 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: 455.2035, 455.213, 469.008, 469.011, FS.

    LAW IMPLEMENTED: 455.213, 469.004, 469.005, 469.006, 469.007, 469.008, FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    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 48 hours before the workshop/meeting by contacting: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)488-0062. 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: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)488-0062.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    61E1-4.001 Licensure of Business Organizations and Qualifying Agents.

    (1)(a) As a prerequisite to the initial issuance of a license to a qualifying agent, business organization, or a change in the status of an active business organization license, the applicant shall pay the required fee as provided for in Rule 61E1-3.001, F.A.C., of this chapter, and submit a signed, completed application on Form DBPR ALU 2, Application for Licensure as a Business, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. a form approved by the Department. The form is entitled “Initial Licensure and Change of Status Application,” DBPR ALU 4052-1, Effective Date: December 12, 2003, and incorporated herein by reference. Individuals shall also complete the following forms: DBPR 0010-2, Master Individual Application, Effective Date: December 12, 2003 and DBPR 0030-1, Attest Statement, Revised: July 31, 2002, incorporated herein by reference. Organizations shall also complete the following forms: DBPR 0020-1, Master Organization Application, Effective: December 12, 2003; DBPR 0040, Officers and Directors Form, Revised: March 5, 2003; and DBPR ALU-4053-1, Secondary Qualifier Application, Effective Date: December 12, 2003, incorporated herein by reference. Copies of the application and other forms required by this Rule can be obtained by contacting the Department at the following address: Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, or at http://www.state.fl.us/dbpr/pro/forms/asbest/initial_licensure_of_business_package.pdf. If the applicant proposes to engage in asbestos consulting or asbestos contracting as a partnership, corporation, business trust or other legal entity, or in any name other than the applicant's legal name, the legal entity must comply with Section 469.006(2), F.S. The applicant must furnish evidence of statutory compliance of Section 865.09, F.S., if a fictitious name is used.

    (b) The application shall contain the information contained in Sections 469.006(2)(b)1., 2., and 3., and 4., F.S.

    1. through 3. No change.

    4. If the business organization has a financially responsible officer, the financially responsible officer, rather than the qualifying contractor or consultant, shall sign and complete Form DBPR ALU 5, Application for Financially Responsible Officer, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, together with the appropriate financially responsible officer fee as specified in Rule 61E1-3.001, F.A.C.  The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399 the application. The application shall include the requirements of Section 469.006(2)(a)2., F.S.

    5. through 6. No change.

    (c) In order that the department may carry out its statutory duty to investigate the financial responsibility, credit and business reputation of a new applicant for licensure or a change of status of a licensee, an applicant shall be required to forward the following, in addition to the signed, completed application for licensure, to the Department for review:

    1. No change.

    2. A comprehensive financial statement reflecting the financial condition of the business entity in its previous fiscal year, provided the statement is prepared within 12 months of the date of the filing of the application. The financial statement shall include the following: balance sheet, income statement, capital statement; and statement of changes in financial position. Unless prepared by a certified public accountant, the financial statement shall be signed, in the presence of a notary, by a responsible officer of the business entity as representing the financial condition of the business entity for the period reflected in the statement. The financial statement must indicate a positive net worth.

    2.3. A letter of bond ability, a letter of credit or a compliance bond established to reimburse the appropriate parties for diversion of funds, abandonment, and all other statutory violations. These instruments must be written in the amount of $10,000 or more and are not to be construed as performance bonds.

    3.4. A signed statement indicating the applicant has obtained and will maintain public liability and property damage insurance in the amounts set forth herein.

    5. Answers to the following questions on the application:

    a. Has any bonding or surety company ever completed or made a financial settlement upon any construction contract or work undertaken by any person named in sub-subparagraph i. below or any organization in which such person was a responsible person as defined in sub-subparagraph j.? Yes ( ) No ( )

    b. Are there any unpaid past-due bills or claims for labor, materials, or services, as a result of the consultant or construction operations of any person named in sub-subparagraph i. below or any organization in which any such person was a responsible person as defined in sub-subparagraph j.? Yes ( ) No ( )

    c. Are there now any liens, suits or judgments of record or pending against any person named in sub-subparagraph i. below or any organization in which such person was a responsible person as defined in sub-subparagraph j., as a result of the consultant or construction operations of such persons or organization? Yes ( ) No ( )

    d. Are there now any liens of record by the U.S. Internal Revenue Service or the State of Florida Corporate Tax Division against any person named in sub-subparagraph i. below or any organization in which such a person was a responsible person as defined in sub-subparagraph j.? Yes ( ) No ( )

    e. Has any person named in sub-subparagraph i. below or has any organization in which any such person was a responsible person as defined in sub-subparagraph j. been adjudicated as bankrupt, within the past five years or is any such person or organization presently in the process of bankruptcy proceedings? Yes ( ) No ( )

    f. Has any person named in sub-subparagraph i. below or has any organization in which any such person was a responsible person as defined in sub-subparagraph j. ever made an assignment of assets in settlement of consultant or construction obligations for less than the total amount of indebtedness? Yes ( ) No ( )

    g. Has any person named in sub-subparagraph i. below or has any business organization in which any such person was a member been convicted of acting in the capacity of a consultant or contractor without a license or if licensed as a consultant or contractor in this or any other state, has any disciplinary action (including probation, fine or reprimand) ever been taken against such license by a state, county, or municipality? Yes ( ) No ( )

    h. Has any person in sub-subparagraph i. below or has any business organization in which any such person was a responsible person as defined in sub-subparagraph j. ever been convicted of any offense in this state or elsewhere, other than a traffic violation?Yes ( ) No ( )

    i. Required signatures: if an individual, the qualifying consultant or contractor; if a partnership, the qualifying consultant or contractor and the partners; if a corporation, the qualifying consultant or contractor, the president, vice-president and secretary.

    j. For purposes of this rule, “responsible person” includes any partner, officer, trustee, qualifying consultant or contractor, or any person having managerial or supervisory role in a business organization functioning as an asbestos consultant or asbestos contractor as defined in Section 469.001, F.S.

    (2)(a) An applicant may have license(s) issued in his name as an individual or, where applicable, as a qualifying agent for a partnership, corporation, business trust, or other business organization.

    (b) through (d) No change.

    (e) For purposes of this rule, practice as an individual is considered practice as a business organization. Once a licensee qualifies one business organization, any request to qualify another business organization must be approved by the department. The licensee or the new business organization shall supply the same information to the department as is required of initial applicants under this chapter. An applicant shall complete and submit Form DBPR ALU 1, Application for Licensure as an Individual, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C.  The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

    (f) through (j) No change.

    Rulemaking Authority 455.2035, 455.213, 469.008 455.203(5)469.011 FS. Law Implemented 455.213, 469.004, 469.005, 469.006, 469.007, 469.008 FS. History–New 10-17-95, Amended 10-29-97, 3-23-04,                 .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)488-0062.

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation.

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 29, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2019.

Document Information

Comments Open:
6/12/2019
Summary:
The proposed rulemaking amends Rule 61E1-4.001, F.A.C., in order to update and revise the rules to clarify existing language, incorporate forms by reference, and remove unnecessary language.
Purpose:
The purpose and effect of the proposed rule amendments are to update and revise Rule 61E1-4.001, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.
Rulemaking Authority:
455.2035, 455.213, 469.008, 469.011, F.S.
Law:
455.213, 469.004, 469.005, 469.006, 469.007, 469.008, F.S.
Contact:
Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)488-0062.
Related Rules: (1)
61E1-4.001. Licensure of Business Organizations and Qualifying Agents