reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.002 - Aggravating and Mitigating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
Circumstances which may be considered for the purposes of
				  mitigation or aggravation of penalty shall include:
(1) Where licensee has relied upon the advice
				of a professional advisor, for example, an attorney or accountant;
(2) Where the address of the shop or the
				owner has been changed by the post office through no fault of the shop
				owner;
(3) Where the shop owner has
				relied upon the advice of a prior owner;
(4) Infirmity or illness;
(5) The danger to the public;
(6) The number of complaints filed against
				the licensee;
(7) The length of
				time the licensee has practiced;
(8) The actual damage, physical or otherwise,
				to the licensee's customer;
(9) The
				deterrent effect of the penalty in rule
				61G3-21.001, F.A.C. versus the
				deterent effect of an enhanced or reduced penalty;
(10) The effect of the penalty upon the
				licensee's livelihood;
(11) Any
				efforts at rehabilitation;
(12)
				Whether there was demonstrable intent of deceit;
(13) Blatant disrespect for the
				law;
(14) Whether the licensee has
				had previous discipline imposed and the violations that resulted in the
				previous discipline; and
(15)
				Whether the license is on probation.
Rulemaking Authority
					 455.2273(3),
					 476.064(4) FS.
					 Law Implemented 455.2273(3)
					 FS.
New 11-25-86, Formerly 21C-21.002, Amended 2-11-02,
					 2-4-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.003 - Repeat Violations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 476.064(4),
					 476.194(1)(b)
					 FS., Ch. 86-90, § 2, Laws of Florida. Law Implemented
					 476.204(1)(h)
					 FS., Ch. 86-90, § 2, Laws of
					 Florida.
New 11-25-86, Formerly 21C-21.003, Repealed
					 2-4-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.004 - Penalties Cumulative and Consecutive (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 476.064(4) FS.,
					 Ch. 86-90, § 2, Laws of Florida. Law Implemented Ch. 86-90, § 2, Laws
					 of Florida.
New 11-25-86, Formerly 21C-21.004, Repealed
					 2-4-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.005 - Mitigation; Notice of Mitigation and Aggravation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 476.064(4) FS.,
					 Ch. 86-90, § 2, Laws of Florida. Law Implemented Ch. 86-90, § 2, Laws
					 of Florida.
New 11-25-86, Formerly 21C-21.005, Repealed
					 5-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.006 - Probation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 476.064(4) FS.,
					 Ch. 86-90, § 2, Laws of Florida. Law Implemented Ch. 86-90, § 2, Laws
					 of Florida.
New 11-25-86, Formerly 21C-21.006, Repealed
					 2-4-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.007 - Stipulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 476.064(4) FS.,
					 Ch. 86-90, § 2, Laws of Florida. Law Implemented Ch. 86-90, § 2, Laws
					 of Florida.
New 11-25-86, Formerly 21C-21.007, Repealed
					 5-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.008 - Installment Payment of Fines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 476.064(4) FS.
					 Law Implemented 476.204(2)
					 FS.
New 12-7-92, Amended 5-31-93, Formerly 21C-21.008, Repealed
					 5-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.009 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) A citation and fine shall be issued for a
				violation of any of the provisions in this paragraph, except when a notice of
				non-compliance can be issued first, pursuant to Rule
				61G3-21.012, F.A.C.
(a) Practicing barbering with a license that
				has been delinquent or inactive for no more than 3 months in violation of
				Sections 476.194(1)(a),
				476.204(1)(a),
				and 455.271(1),
				F.S.: fine of $200.00;
(b) Failure
				to post inspection report in violation of subsection
				61G3-19.015(1),
				F.A.C.: fine of $50.00;
(c) Failure
				to properly display barber's license in violation of subsection
				61G3-19.009(1),
				F.A.C.: fine of $50.00;
(d) Failure
				to properly display barbershop's license in violation of subsection
				61G3-19.009(2),
				F.A.C.: fine of $50.00;
(e) Failure
				to post the barbershop requirements listed in Rule
				61G3-19.011, F.A.C., in
				violation of Rule 61G3-19.012, F.A.C.: fine of
				$50.00;
(f) Failure to transfer
				ownership of barbershop license for not more than 3 months, in violation of
				Rule 61G3-19.013, F.A.C.: fine of
				$200.00;
(g) Failure to maintain a
				portable fire extinguisher, in violation of paragraph
				61G3-19.011(2)(c),
				F.A.C., provided the inspection is not more than 60 days overdue: fine of
				$100.00; and
(h) Failure to
				immediately deposit towels in the proper receptacle, in violation of subsection
				61G3-19.011(13),
				F.A.C.: fine of $50.00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.010 - Revocation

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise provided in the order of revocation, when
				  the Board revokes any license, the revocation shall be permanent. However, the
				  person may reapply for licensure after three (3) years. Any mitigating and
				  aggravating circumstances that exist at the time of revocation shall be
				  evaluated to determine whether to alter the three (3) year waiting period. If
				  the former licensee reapplies, he or she shall satisfy the requirements for
				  initial licensure in place at the time of reapplication, and shall make a
				  personal appearance before the Board.
Rulemaking Authority
					 455.227(5),
					 476.064(4) FS.
					 Law Implemented 455.227(5),
					 455.2273
					 FS.
New 2-18-93, Formerly 21C-21.010,
					 2-4-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.011 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) "Mediation" means a process whereby a
				mediator appointed by the department acts to encourage and facilitate
				resolution of a legally sufficient complaint. It is an informal and
				nonadversarial process with the objective of assisting the parties to reach a
				mutually acceptable agreement.
(2)
				The board finds that mediation is an acceptable method of dispute resolution
				for the following violations as they are economic in nature or can be remedied
				by the licensee: Failure of the licensee to timely pay any assessed
				administrative fines or costs.
Specific Authority
					 476.064(4) FS.
					 Law Implemented 455.2235
					 FS.
New 12-22-94, Amended 5-16-95,
					 5-13-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.012 - Notice of Non-Compliance

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				department shall provide a licensee with a notice of non-compliance for an
				initial offense of the rules and statutes listed below.
(a) Sections
				476.194(1)(a)
				and 455.271(1),
				F.S.: Engaging in the practice of barbering with a license that has been
				delinquent or inactive for 30 days or less;
(b) Subsection
				61G3-19.015(1),
				F.A.C. - failure to post inspection report;
(c) Subsection
				61G3-19.009(1),
				F.A.C. - failure to properly display barber's license;
(d) Subsection
				61G3-19.009(2),
				F.A.C. - failure to properly display barbershop's license;
(e) Rule
				61G3-19.012, F.A.C. - failure to
				post the barbershop requirements listed in rule
				61G3-19.011, F.A.C.;
(f) Rule
				61G3-19.013, F.A.C. - failure to
				transfer ownership of barbershop license for no more than 30 days;
(g) Paragraph
				61G3-19.011(2)(c),
				F.A.C. - failure to maintain a portable fire extinguisher, provided the
				expiration date does not exceed 30 days; and
(h) Subsection
				61G3-19.011(13),
				F.A.C. - failure to immediately deposit towels in the proper
				receptacle.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.013 - Gross Malpractice or Incompetency Defined

Current through Reg. 50, No. 138; July 16, 2024
It shall be gross malpractice or incompetency in the practice
				  of barbering for any barber to provide any barber services to the public while
				  under the influence of any intoxicating drugs or alcohol as set out in Section
				  316.1934, F.S.
Specific Authority
					 476.064(4) FS.
					 Law Implemented 476.214(1)(a)
					 FS.
New 6-28-95, Amended
					 10-30-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-21 - DISCIPLINARY GUIDELINES › Section 61G3-21.014 - Suspension (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.2273,
					 476.024 FS. Law Implemented
					 455.2273(3),
					 476.214
					 FS.
New 4-20-04, Repealed
					 4-26-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-25 - INACTIVE/NULL AND VOID LICENSES › Section 61G3-25.004 - Inactive Status; Reactivation

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				licensee may elect at the time of license renewal to place the license into
				inactive status by filing with the Department a completed application for
				inactive status and by paying the inactive status fee.
(2) An inactive status licensee may change to
				active status at any time provided the licensee pays the reactivation fee,
				completes the required HIV/AIDS education course, and if the request to change
				licensure status is made at any time other than at the beginning of a licensure
				cycle, pays the additional processing fee.
(3) A barber may not work with an inactive or
				delinquent license.
Rulemaking Authority
					 476.064(4),
					 476.155(2),
					 455.271 FS. Law Implemented
					 455.271
					 FS.
New 5-17-95, Amended 12-15-13,
					 7-9-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-25 - INACTIVE/NULL AND VOID LICENSES › Section 61G3-25.005 - Delinquent Status

Current through Reg. 50, No. 138; July 16, 2024
(1) The delinquent
				status licensee must affirmatively apply for active or inactive status during
				the licensure cycle in which the licensee becomes delinquent. The failure by
				the delinquent status licensee to cause the license to become active or
				inactive before the expiration of the licensure cycle in which the license
				became delinquent shall render the license null and void without further action
				by either the Board or Department.
(2) The delinquent status licensee who
				applies for active or inactive status shall:
(a) file with the Department a completed
				application for either active or inactive status;
(b) Complete the required HIV/AIDS education
				course if applying for active status; and
(c) pay to the Board either the active status
				or inactive status fee, the delinquency fee, and, if the request to change
				licensure status is made at any time other than at the beginning of a licensure
				cycle, pays the additional processing fee.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-25 - INACTIVE/NULL AND VOID LICENSES › Section 61G3-25.006 - Notice to the Department of Mailing and E-Mailing Address and Place of Practice of Licensee

Current through Reg. 50, No. 138; July 16, 2024
(1) It shall be the
				duty of each licensee to provide written notification to the Department of the
				licensee's current mailing and e-mailing addresses and place of practice. For
				purposes of this rule, "place of practice" means the address of the physical
				location where the licensee practices barbering. "Current mailing address"
				shall mean the address at which the United States Postal Service delivers mail
				to the licensee.
(2) Any time that
				the current mailing or e-mailing address or place of practice of any licensee
				changes, written notification of the change shall be provided to the Department
				within ninety (90) days of the change. Written notice should be sent to the
				following address: Florida Barbers' Board, Department of Business and
				Professional Regulation, Northwood Centre, 2601 Blair Stone Road, Tallahassee,
				Florida 32399-0790.
(3) It shall be
				a violation of this rule for a licensee to fail to notify the Department within
				ninety (90) days of a change of mailing or e-mailing address or place of
				practice.
Rulemaking Authority
					 476.064(4),
					 455.275 FS. Law Implemented
					 455.275
					 FS.
New 7-11-95, Amended
					 12-15-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G3 - Barbers' Board › Chapter 61G3-25 - INACTIVE/NULL AND VOID LICENSES › Section 61G3-25.007 - Null and Void Status

Current through Reg. 50, No. 138; July 16, 2024
The Null and Void status licensee who applies for active or
				  inactive status shall apply to the Department for same by submitting form DBPR
				  BAR 6 Application for License from Null and Void (Expired License) which is
				  incorporated by reference at Rule
				  61-35.006,
				  F.A.C.
Rulemaking Authority
					 476.064(4),
					 455.271(6)(a)
					 FS. Law Implemented 455.271(6)(a)
					 FS.
New 1-28-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 489.101
					 FS.
New 1-6-80, Formerly 21E-12.02, 21E-12.002, Repealed
					 8-10-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.0021 - Board Agenda Materials

Current through Reg. 50, No. 138; July 16, 2024
Applications will be forwarded to the Board office for
				  placement on an electronic agenda for distribution to the Board members after
				  the application is deemed complete in accordance with Section
				  120.60, F.S. Materials amending
				  a completed application or other proposed agenda materials submitted less than
				  21 days prior to a Board Meeting will not be included and will not be
				  distributed to board members except as outlined below. The Board delegates
				  authority to the Board Chair in consultation with Board Counsel to determine
				  when an exception is warranted in order to comply with legal requirements,
				  including fairness to all parties or to the public. The Chairperson presiding
				  over each board meeting session will determine whether or not to accept
				  materials offered during the respective session.
Rulemaking Authority
					 455.213,
					 455.225 FS. Law Implemented
					 120.525,
					 120.57(2),
					 120.60
					 FS.
New 11-4-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.003 - Description of Agency Organization and Operation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 489.107
					 FS.
New 1-6-80, Formerly 21E-12.03, Amended 5-29-90, 8-21-91,
					 Formerly 21E-12.003, Repealed
					 8-10-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.004 - Public Information and Inspection of Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 119.07,
					 120.53(1)
					 FS.
New 1-6-80, Formerly 21E-12.04, 21E-12.004, Repealed
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.005 - General Information Concerning Agency (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 1-6-80, Formerly 21E-12.05, 21E-12.005, Repealed
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.006 - Approved Form; Incorporation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108 FS. Law Implemented
					 120.52(15),
					 489.108,
					 489.143
					 FS.
New 1-6-80, Formerly 21E-12.06, Amended 1-1-89, Formerly
					 21E-12.006, Amended 1-4-94, 2-24-94, 11-23-95, 2-6-96, 7-22-96, 11-25-97,
					 8-2-98, 2-24-00, 3-26-01, 2-14-05, Repealed
					 11-18-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.007 - Statutory Chapters and Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 1-6-80, Formerly 21E-12.07, 21E-12.007, Repealed
					 8-10-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.009 - Fees

Current through Reg. 50, No. 138; July 16, 2024
The following fees are prescribed by the Board:
(1) Application for Certification by
				Examination; Refund.
(a) The application and
				examination fee for an applicant for certification shall be three hundred
				thirty-five dollars ($335.00) and shall be nonrefundable. Said fee shall cover
				both the processing of the application for certification and the administration
				of the examination. The applicant will pay one hundred thirty-five dollars
				($135.00) directly to the Department, or the Department's examination
				development vendor upon scheduling of the tests that comprise the examination.
				The applicant will pay the Department, or the Department's assigned vendor,
				eighty dollars ($80.00) to cover examination administration costs for each test
				administered. The applicant will pay the Department forty dollars ($40.00) for
				processing of the application after they have successfully passed the
				examination. The contract administration and project management tests are
				considered one test for fee assessment pursuant to this rule.
(b) For an unsuccessful examinee or approved
				applicant who failed to appear at the examination, the fee for the next
				subsequent test, or both tests if necessary, shall be one hundred thirty-five
				dollars ($135.00) and paid directly to the Department, or the Department's
				examination development vendor upon scheduling of the test(s). Eighty dollars
				(80.00) shall be paid to the Department, or the Department's assigned vendor,
				for examination administration upon scheduling of each test to be administered.
				The fees shall be nonrefundable.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.010 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination as to whether probable cause exists to believe that a violation
				of the provisions of Part I, Chapter 489, F.S., Chapter 455, F.S., or the rules
				promulgated thereunder, has occurred shall be made by a unanimous vote of the
				appropriate probable cause panel unless the probable cause determination is
				made by the Department pursuant to subsection (7).
(2) There shall be two probable cause panels.
				One panel shall be composed of two members of Division I of the Construction
				Industry Licensing Board, and shall be authorized to take action on any matter
				under the jurisdiction of Division I. The other panel shall be composed of two
				members of Division II of the Construction Industry Licensing Board and shall
				be authorized to take action on any matter under the jurisdiction of Division
				II.
(3) The consumer member or
				building official member may fill one of the two appointments to each panel.
				One member of each panel may be a past board member, provided that if the past
				member is a contractor, that member holds an active valid license.
(4) The probable cause panels shall meet at
				such times as called by the Chairperson of the Construction Industry Licensing
				Board.
(5) The probable cause panel
				members shall be selected by the Chairperson. The Chairperson shall also
				appoint a member of each Division to serve as an alternate member of each
				panel. The alternate member shall serve on the panel only in the event that a
				quorum is not present at a meeting of the probable cause panel.
(6) The Board hereby delegates to the
				Department authority to close any case when there is no probable cause. For the
				purposes of oversight by the Board, the Department's legal section shall, on a
				monthly basis, provide the Chairperson or the Chairperson's delegee with copies
				of all closing orders filed in the preceding period.
(7) The Department may make the determination
				as to probable cause for any case it investigates or may defer such
				determination to the Board's probable cause panel. In case where the Department
				defers the determination of probable cause to the expertise of the Board's
				probable cause panel the Department will not further exercise the determination
				of probable cause as to that case or as to any other case arising out of the
				same transaction or occurrence. Rather, the Department will continue to defer
				the probable cause determinations and/or dismissal decisions over the
				respective case to the Board's probable cause panel.
Rulemaking Authority
					 455.225 FS. Law Implemented
					 455.225(4)
					 FS.
New 10-18-79, Formerly 21E-1.41, Amended 1-6-80, 5-11-80,
					 Formerly 21E-12.10, Amended 4-12-88, 12-21-92, Formerly 21E-12.010, Amended
					 11-25-97, 11-29-99, 11-3-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.012 - Criteria for Selection of Investigators (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203 FS. Law Implemented
					 455.203
					 FS.
New 10-14-81, Formerly 21E-12.12, 21E-12.012, Repealed
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.013 - License Fees Paid by Check Returned Due to Insufficient Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 9-15-82, Formerly 21E-12.13, 21E-12.013, Repealed
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.014 - Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 9-15-82, Formerly 21E-12.14, 21E-12.014, Amended
					 2-6-96, Repealed 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.015 - Officers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53 FS. Law Implemented
					 120.53,
					 455.207
					 FS.
New 6-6-83, Formerly 21E-12.15, Amended 10-30-88, Formerly
					 21E-12.015, Repealed 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.016 - Exemption; Practice of Engineering

Current through Reg. 50, No. 138; July 16, 2024
A contractor licensed under Chapter 489, Part I, F.S., is
				  exempted from licensure as an engineer pursuant to the terms of Section
				  471.003(2)(h),
				  F.S., only when he installs the system he designs. Violation of this rule will
				  be considered a violation of Section
				  489.129(1)(m),
				  F.S.
Rulemaking Authority
					 489.129(3) FS.
					 Law Implemented 471.003,
					 489.113,
					 489.115,
					 489.129
					 FS.
New 4-3-84, Formerly 21E-12.16,
					 21E-12.016.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.017 - Reinstatement and Relicensure

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				may deny certification or registration to a contractor who has violated any of
				the provisions of Section
				489.129(1),
				F.S.
(2) The Board will not
				reinstate the certification or registration, nor issue a new certificate or
				registration, of a contractor whose license has been suspended unless proof is
				shown that all requirements (including fines) imposed in any final order
				against the contractor have been met.
(3)
(a) The
				Board will not relicense a contractor whose certification or registration has
				been revoked or voluntarily relinquished until appropriate rehabilitation (to
				include restitution if suitable) has been shown. All provisions of any final
				orders entered against the contractor must be complied with.
(b) The Board will not relicense a contractor
				whose certification has been revoked or voluntarily relinquished unless he
				passes the current licensing examination and meets all other requirements for
				certification.
(c) The Board will
				not accept for registration the license of an individual whose license has
				previously been revoked or voluntarily relinquished, unless the jurisdiction
				requesting registration requires the individual to meet all current
				requirements to demonstrate competency, including examination, if required of
				other new registrants.
(d) Any
				person whose license has previouly been revoked or voluntarily relinquished for
				any reason must appear before the Board and gain approval prior to being
				allowed to seek recertification through the examination, or registration in a
				jurisdiction.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.018 - Notification of Investigative and Prosecutorial Costs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.129(1) FS.
					 Law Implemented 489.129(1)
					 FS.
New 5-29-90, Formerly 21E-12.018, Repealed
					 12-30-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.019 - Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States

Current through Reg. 50, No. 138; July 16, 2024
Spouses of members of the Armed Forces of the United States
				  are exempt from licensure renewal provisions, but only in cases of absence from
				  the state because of their spouses' duties with the Armed Forces. Copies of the
				  military orders requiring the change in duty station must be sent to the Board
				  office in order to qualify for the exemption. Upon receipt of the military
				  orders by the Board office confirming exemption eligibility, the spouse's
				  license will be placed on inactive status with no fee required. Reactivation of
				  the inactive license will not require payment of the fee set forth in
				  subsection 61G4-12.009(6),
				  F.A.C. The license will remain in inactive status for up to two renewal cycles
				  at which time the licensee must either renew this exemption, before expiration,
				  by submitting a current set of orders establishing eligibility for the
				  exemption or reactivate the license. The licensee may reactivate the license by
				  submitting an application for change of status from inactive to active and will
				  not be required to pay the fee set forth in paragraph
				  61G4-12.009(12)(a),
				  F.A.C., nor be required to comply with any rules setting conditions for
				  reactivation of licensure, including continuing education requirements imposed
				  by Section 455.271(10),
				  F.S. If a license is not reactivated nor the exemption renewed by the
				  expiration date, the license shall become delinquent. Reactivation of the
				  delinquent license will not require payment of the fee set forth in paragraph
				  61G4-12.009(11)(b),
				  F.A.C.
Rulemaking Authority
					 455.02(2) FS.
					 Law Implemented 455.02(2)
					 FS.
New 7-1-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-12 - ORGANIZATION AND PURPOSE › Section 61G4-12.020 - Fee to Enforce Unlicensed Activity (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.2281 FS. Law Implemented
					 455.2281
					 FS.
New 8-11-93, Repealed
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-14 - MEETINGS AND WORKSHOPS › Section 61G4-14.004 - Unexcused Absences

Current through Reg. 50, No. 138; July 16, 2024
Unexcused absences shall include any absence other than: one
				  caused by illness of a member preventing attendance; death or illness of a
				  family member preventing attendance; unavoidable travel delays or cancellations
				  preventing attendance; or any conflict, extraordinary circumstances or event
				  approved by the chairperson of the board. A board member shall be considered
				  absent from a meeting unless the member attends both the final action and
				  general session portions of the meeting. Members shall communicate the reason
				  for any absence to the Executive Director and Chairperson 48 hours prior to the
				  meeting unless circumstances dictate otherwise and the reason for the absence
				  shall be made part of the minutes of that meeting.
Specific Authority
					 455.207,
					 489.108 FS. Law Implemented
					 455.207
					 FS.
New 7-19-95, Amended
					 11-13-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.001 - Qualification for Certification

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) An applicant for certification must, as a
				precondition thereto, submit proof that the applicant meets the eligibility
				requirements set forth in section
				489.111(2)(c),
				F.S., for the particular category in which the applicant seeks to qualify. The
				Board will accept lawfully acquired experience gained under the supervision of
				a contractor, who, at the time was properly licensed in the applied for
				category or a category which encompasses the full scope of practice in which
				the applicant is seeking licensure.
(b) Such experience from outside
				jurisdictions will be accepted toward the category for which the applicant has
				applied so long as the experience complies with section
				489.105, F.S. However,
				experience acquired by providing services that are exemptions as established in
				section 489.103, F.S., will not be
				accepted.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.002 - Statement of Authority

Current through Reg. 50, No. 138; July 16, 2024
Any person applying for the issuance of a certificate or
				  registration to engage in contracting in other than an individual capacity, or
				  any registrant or certificate holder applying to qualify a partnership,
				  corporation, business trust or other legal business organization shall furnish
				  as part of the application a statement that the applicant is legally qualified
				  to act for the business organization in all matters connected with its
				  contracting business and that the applicant has authority to supervise
				  construction undertaken by such business organization as the organization's
				  primary qualifying agent.
(1) If the
				business organization is a partnership, such statement shall be signed by all
				partners or, in the event of a limited partnership, by the general
				partners.
(2) If the business
				organization is a corporation, such statement shall either be contained in a
				copy of the official minutes of that corporation, certified and attested to by
				its secretary, or be signed by such other persons as will legally bind that
				business organization.
(3) If the
				business organization is a business trust, joint venture or any other legal
				business organization, such statement shall be signed by the trustees, or by
				such other persons as will legally bind that business organization.
(4) If the application is for initial
				qualification of a business organization, and the organization is applying for
				approval of a financially responsible officer, the applications shall be
				simultaneously filed.
Rulemaking Authority
					 489.108 FS. Law Implemented
					 489.105(4),
					 489.119,
					 489.1195
					 FS.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.0021 - Business Organizations

Current through Reg. 50, No. 138; July 16, 2024
(1) 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 by the
				Board.
(2) If the business
				organization has a financially responsible officer, the financially responsible
				officer shall comply with the requirement of subsection
				61G4-15.006(1),
				F.A.C., and shall provide to the Department a bond or irrevocable letter of
				credit, in the amount of $100, 000 payable to the Board for fines and
				costs.
(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. The applicant owns 20% or greater of the
				proposed business organization; or
2. The applicant demonstrates unequivocally
				that the applicant has been hired as a W-2 employee of the proposed
				business.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.0022 - Qualification of Joint Ventures

Current through Reg. 50, No. 138; July 16, 2024
(1) These
				rules do not prohibit a properly qualified business organization from
				participating in a joint venture with business organizations which are not
				qualified; however, only a properly qualified business organization may engage
				in contracting as defined in Sections
				489.105(3) and
				(6), F.S. A joint venture, including a joint
				venture composed of qualified business organizations, is itself a separate and
				distinct business organization which must be qualified as provided
				herein.
(2) A joint venture, one or
				more of whose participants are not licensed contractors under Chapter 489, Part
				I, F.S., may submit a bid on a construction project under the following
				circumstances:
(a) There must be a written
				joint venture agreement.
(b) One of
				the joint venturers must be a business entity properly qualified by a licensed
				contractor.
(c) Each participant
				must sign a statement of authority (as set out in Rule
				61G4-15.002, F.A.C.) giving the
				licensed contractor full authority to conduct the contracting business of the
				participant.
(d) Copies of the
				joint venture agreement and statements of authority must be received and
				approved by the Board Office prior to the time of the bid.
(e) If the joint venture is awarded the
				contract, the licensed contractor must qualify the joint venture within ninty
				(90) days.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.0024 - Supervision of Business Entities

Current through Reg. 50, No. 138; July 16, 2024
Documentation of one or more of the following factors in an
				  application to qualify a business entity will demonstrate to the Board, absent
				  evidence to the contrary, that an applicant possesses the ability to properly
				  supervise the proposed additional business entity for purposes of the
				  application:
(1) The applicant to
				qualify an additional business owns 20% or more of the business to be
				qualified;
(2) The applicant to
				qualify an additional business is a W2 employee of the business to be
				qualified; or
(3) A joint venture
				agreement or an employment agreement between the applicant and the business
				organization which expressly establishes the means and methods utilized by the
				applicant to ensure control over the construction work of the proposed
				additional entity.
Rulemaking Authority
					 489.108,
					 489.119 FS Law Implemented
					 489.119
					 FS
New 5-2-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.004 - Certification by Endorsement: Examination Equivalency

Current through Reg. 50, No. 138; July 16, 2024
An applicant for certification by endorsement as a certified
				  general contractor, certified building contractor, or certified residential
				  contractor is considered to meet the requirement of having taken an examination
				  of substantial equivalency, pursuant to Section
				  489.115(3)(a),
				  F.S., by completing the items below:
(1) Provide evidence of successfully passing
				the 2009-2018 or like version of The Commercial General Building Contractors
				examination of the National Association of State Contractors Licensing
				Agencies; and
(2) Take and
				successfully pass or provide evidence of having passed The Business and Finance
				examination pursuant to subsection
				61G4-16.001(22),
				F.A.C.; and
(3) Provide
				verification of having taken and passed any proctored examination covering the
				Florida Building Code administered by or through the
				Department.
Rulemaking Authority
					 489.108,
					 489.115(3) FS.
					 Law Implemented 489.115(3)
					 FS.
New 1-10-80, Formerly 21E-15.04, 21E-15.004, Amended
					 7-18-94, 11-13-97, 3-10-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.005 - Requirements for Certification and Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 489.115(5),
					 (6),
					 489.129(1),
					 489.132(5) FS.
					 Law Implemented 489.113(1),
					 489.115(5),
					 (6),
					 489.129(1),
					 489.132(5)
					 FS.
New 1-10-80, Amended 4-15-82, 9-5-82, 3-21-83, Formerly
					 21E-15.05, Amended 4-18-86, 1-19-87, 7-1-87, 1-26-88, 1-1-89, 5-23-89, 6-5-90,
					 4-16-92, Formerly 21E-15.005, Amended 10-17-93, 7-18-94, 7-19-95, 4-24-96,
					 9-8-96, 10-31-96, 2-4-97, 8-2-98, 9-15-98, 4-5-00, 10-28-03, 10-23-05, Repealed
					 9-16-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.0055 - Job Scopes for Registered Licensure Categories (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.117(5) FS.
					 Law Implemented 489.117(5)
					 FS.
New 8-2-00, Repealed
					 1-7-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.006 - Financial Responsibility and Financial Stability, Grounds for Denial

Current through Reg. 50, No. 138; July 16, 2024
(1) The financial responsibility ground on
				which the Board shall refuse to qualify an applicant is failure to provide a
				current consumer credit report, as defined in Rule
				61G4-12.011, F.A.C., which
				consumer credit report does not disclose any unsatisfied judgments or liens
				against the applicant. In addition, there must not be any unsatisfied judgments
				or liens against the business entity which the applicant previously qualified
				as a primary qualifier or which the applicant has applied to qualify.
(2) The financial stability ground on which
				the Board shall refuse to qualify an applicant is as follows:
(a) Failure to provide proof of a credit
				score, FICO derived, of 660 or higher.
(b) 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.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.007 - Notification of Changes

Current through Reg. 50, No. 138; July 16, 2024
(1) A certificate
				holder or registrant shall notify the Board Office within thirty (30) days of a
				change in name style or address from that which appears on the current
				certificate of registration and shall notify the Board Office within thirty
				(30) days after the qualifying person has ceased to be affiliated with the
				qualified business organization.
(2) A certificateholder or registrant must
				inform the Board, by mail, within forty-five calendar days, of changes in any
				information required to be stated on the application for qualification of a
				business organization.
(3) Failure
				to report the information required by this rule shall result in disciplinary
				action.
Rulemaking Authority
					 489.129(3) FS.
					 Law Implemented 489.124(2),
					 489.129(3)
					 FS.
New 1-6-80, Formerly 21E-15.07, Amended 4-16-92, Formerly
					 21E-15.007, Amended 7-18-94, 11-13-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.008 - False Statements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.129(3) FS.
					 Law Implemented 489.129(3)
					 FS.
New 1-6-80, Formerly 21E-15.08, 21E-15.008, Amended
					 7-18-94, 11-13-97, Repealed 2-27-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.009 - Replacement of Qualifying Persons (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.129(3) FS.
					 Law Implemented 489.119(3)(a)
					 FS.
New 1-6-80, Formerly 21E-15.09, 21E-15.009, Amended
					 7-18-94, Repealed 5-5-24.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.010 - Requirements for Applicant Seeking Administration of Oral Examination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.113(7) FS.
					 Law Implemented 489.113(7),
					 489.115(4), (5)
					 FS.
New 1-6-80, Formerly 21E-15.10, 21E-15.010, Repealed
					 1-7-16.