Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61E1 - Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination › Chapter 61E1-4 - ASBESTOS BUSINESS LICENSING › Section 61E1-4.001 - Licensure of Business Organizations and Qualifying Agents

Current through Reg. 50, No. 138; July 16, 2024
(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-10720
,
				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. 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., 3.,
				and 4., F.S.
1. If a limited partnership is
				formed for the purposes of a joint venture, the qualifying business
				organization or individual must be a general partner of the joint
				venture.
2. The applicant's street
				and mailing address, and where applicable, a current license number. A post
				office box, by itself, is not acceptable as an address.
3. A list of the previous three completed
				asbestos projects, including the date of completion, address of the project,
				and the name of the owner.
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-10721
,
				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 shall include the
				requirements of Section 469.006(2)(a)2., F.S.
5. If the qualifying agent is a primary
				qualifying agent, the application shall include the requirements of section
				469.006(2)(a)1., F.S.
6. If the
				qualifying agent is a secondary qualifying agent, the application shall include
				the requirements of section 469.006(2)(a)3., F.S.
(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. A credit report from any recognized
				credit bureau which includes liens, judgments, suits and bankruptcy obtained
				from county, state, and federal records. The credit report must be dated within
				six (6) months of the date of filing the application. Reports which are limited
				to only information obtained from the qualifying agent or past or present
				employers are not acceptable.
2. 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. A signed statement indicating the
				applicant has obtained and will maintain public liability and property damage
				insurance in the amounts set forth herein.