reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.012 - Certification of Residential Solar Water Heating Specialty Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of Rule. The purpose of this rule
				is to provide for the certification of rooftop solar heating installation
				contractors, formally known as residential solar heating specialty
				contractors.
(2) Definition. A
				rooftop solar heating installation contractor is a specialty contractor whose
				contracting business consists of the execution of contracts requiring the
				skill, knowledge, ability and experience to size, install, alter, repair,
				maintain, relocate, replace, or use residential domestic potable solar water
				heating systems to include solar heating panels and all appurtenances,
				apparatus or equipment used in connection therewith. The scope of work of such
				contractor is limited to solar domestic hot water systems for one-family,
				two-family, or three-family residences, not exceeding two stories in height and
				solar swimming pool heaters for residential swimming pools. Such contractor may
				tie into the existing pool pump or other equipment, but may not install, alter,
				repair, maintain, relocate, or replace any pool equipment, including but not
				limited to the pool pump. The residential solar water heating contractor must
				subcontract any work for which a local certificate of competency is required
				unless such contractor is state certified in the respective trade category or
				is licensed in such category by the appropriate local authority.
Nothing in this rule shall be deemed to restrict or limit in
				  any manner the legal authority of certified mechanical contractors, certified
				  Class A and B air conditioning contractors, or certified plumbing contractors
				  to install residential solar water heating systems.
(3) Certification Procedures.
(a) Qualifications.
1. Any person who desires to become a
				certified residential solar water heating contractor shall apply to the
				Construction Industry Licensing Board of the Department of Business and
				Professional Regulation in writing to take the certification
				examination.
2. A person shall be
				entitled to take the certification examination if the person:
a. Is eighteen (18) years of age;
b. Is of good moral character; and
c. Meets eligibility requirements according
				to one of the criteria established in section 489.111(2)(c)1., 2., or 3.,
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.014 - Violation of Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.129(3) FS.
					 Law Implemented 489.129(3)
					 FS.
New 2-7-83, Formerly 21E-15.14, 21E-15.014, 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 61G4-15.017 - Certification of Gypsum Drywall Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.105(3)(q),
					 489.113(6),
					 489.115(4) FS.
					 Law Implemented 489.105(3)(q),
					 489.113(6),
					 489.115(4)
					 FS.
New 5-23-89, Formerly 21E-15.017, Amended 11-15-07,
					 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 61G4-15.018 - Certification of Glass and Glazing Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.105(3)(q),
					 489.113(6),
					 489.115(5) FS.
					 Law Implemented 455.217(1),
					 489.105(3)(q),
					 489.113(6),
					 489.115(5)
					 FS.
New 7-9-03, Amended 11-10-03, 11-15-07, 8-30-12, 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 61G4-15.026 - Certification of Gas Line Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.105(3)(q),
					 489.113(6),
					 489.115(4) FS.
					 Law Implemented 489.105(3)(q),
					 489.113(6),
					 489.115(4),
					 455.213
					 FS.
New 10-17-93, Amended 7-19-95, 7-1-96, 7-7-05, 11-15-07,
					 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 61G4-15.027 - Pollutant Storage System Specialty Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of Rule: The purpose of this rule
				is to provide for the certification of pollutant storage system specialty
				contractors.
(2) Certification
				procedures and fees for Pollutant Storage System Specialty Contractors shall be
				the same as those provided for the certification of other contractors as
				required by and set forth in Sections
				489.109,
				489.111,
				489.113,
				489.114,
				489.115,
				489.116, F.S., and related
				rules.
(3) Method of Operation:
				nothing in this rule chapter is intended to supersede or modify standards of
				operation established for pollutant storage system specialty contractors by the
				Department of Environmental Protection, as expressly stated in rule Chapter
				62-761, F.A.C., which rule chapter is hereby adopted (effective 11-99) and
				incorporated herein by reference as the Board's operating standards for
				pollutant storage system specialty contractors.
Rulemaking Authority
					 489.108,
					 489.113(3),
					 (7),
					 489.129(3),
					 489.133 FS. Law Implemented
					 489.113(3), (7),
					 (8),
					 489.115(4),
					 (5),
					 489.133,
					 455.213
					 FS.
New 2-1-00, Amended 7-7-05,
					 11-15-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.028 - Precision Tank Testers

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of
				Rule: The purpose of this rule is to provide for the registration of precision
				tank testers.
(2) Registration
				Procedures for Precision Tank Testers:
(a)
				Qualifications:
1. Any person who desires to
				become a registered precision tank tester shall apply to the Board in writing
				on form DPR/CILB/031, supplied by the Department.
2. A person shall be registered as a
				precision tank tester if said person:
a. Is at
				least eighteen (18) years of age; and
b. Who meets the standards established by the
				Florida Department of Environmental Protection pursuant to Section
				62-761.200(83),
				F.A.C. (effective 11-99). The Florida Department of Environmental Protection
				shall certify to the Board that an applicant for registration as a precision
				tank tester meets these standards before the applicant is
				registered.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.029 - Tank Lining Applicators

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope
				of Rule: The purpose of this rule is to provide for the registration of tank
				lining applicators.
(2)
				Registration Procedures for Tank Lining Applicators:
(a) Qualifications:
1. Any person who desires to become a
				registered tank lining applicator shall apply to the Board in writing on form
				DPR/CILB/031, supplied by the Department.
2. A person shall be registered as a tank
				lining applicator if said person:
a. Is at
				least eighteen (18) years of age; and
b. Who meets the standards established by the
				Florida Department of Environmental Protection pursuant to paragraph
				62-761.700(2)(c),
				F.A.C. (effective 11-99). The Florida Department of Environmental Protection
				shall certify to the Board that an applicant for registration as a tank lining
				applicator meets these standards before the applicant is
				registered.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.030 - Certification of Registered Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any registered contractor who wishes to become a certified contractor in the
				appropriate category pursuant to the "grandfathering" provisions of Section
				489.118, F.S., shall submit a
				completed and signed application for the license type requested. Said
				applications are incorporated by reference in Rule
				61-35.010, F.A.C.
For the purposes of this section the following terms are
				  defined as follows:
(a) A valid
				registered license is one in which the registered contractor's certificate of
				competency is registered with the Board and a State Registration Number is
				issued.
(b) A substantially similar
				examination is one which is written and proctored and which covers content and
				reference materials appropriate for the licensure category for which it is
				administered. The determination of appropriate content will be made by
				comparing the content outline and reference list for the examination to that
				used for the current state certification examination for the same license
				category.
For Division I categories, the examination must include, at a
				  minimum, a two-hour business and financial management section and a six-hour
				  trade knowledge section.
For Division II categories, the examination must include, at
				  a minimum, a two-hour business and financial management section and a
				  three-hour trade knowledge section.
(c) Experience - Five years licensed and
				state registered; the experience need not be consecutive.
(d) Discipline, for purposes of section
				489.118(4),
				F.S., is defined as action taken by any local enforcement body and action taken
				by the Board against the licensee.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.032 - Certification of Swimming Pool Specialty Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of Rule. The scope of this rule is
				to provide for the voluntary certification of swimming pool specialty
				contractors.
(a) Swimming pool specialty
				contractors may only perform the services within the scope of work defined for
				that particular category swimming pool specialty contractor. Nothing in this
				rule shall limit the scope of a contractor as defined in Sections
				489.105(3)(j)-(l),
				F.S., from performing swimming pool layout, structural work, excavation, trim
				work, decking, piping, and finishing.
(b) Swimming pool specialty contractors must
				work under contract, under the supervision, and within the scope of work of a
				contractor licensed pursuant to Sections
				489.105(3)(j)-(l),
				F.S.
(c) Each category of swimming
				pool specialty contractor contained in this rule constitutes a separate license
				and obtaining licensure in all swimming pool specialty contractor categories
				shall not entitle a person to licensure as a contractor as defined in Sections
				489.105(3)(j)-(l),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-15 - CERTIFICATION AND REGISTRATION › Section 61G4-15.033 - Certification of Marine Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.213,
					 489.108,
					 489.113(6) FS.
					 Law Implemented 489.105(3)(q),
					 489.113(6)
					 FS.
New 12-25-07, 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 61G4-15.034 - Certification of Tower Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.113(6) FS.
					 Law Implemented 489.105(3)(q),
					 489.113(6)
					 FS.
New 6-10-10, Amended 11-10-10, 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 61G4-15.035 - Certification of Irrigation Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108 FS. Law Implemented
					 489.105(3)(q),
					 489.113(6)
					 FS.
New 2-13-13, 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 61G4-15.038 - Certification of Building Demolition Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.113(6) FS.
					 Law Implemented 489.113(6)
					 FS.
New 2-11-13, 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 61G4-15.039 - Certification of Industrial Facility Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.113(6) FS.
					 Law Implemented 489.105(3)(q),
					 489.113(6)
					 FS.
New 8-17-14, Amended 3-5-19, 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 61G4-15.040 - Certification of Residential Pool/Spa Servicing Specialty Contractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.113(6) FS.
					 Law Implemented 489.105(3)(q),
					 489.113(6)
					 FS.
New 6-22-14, Repealed
					 5-5-24.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.001 - Written Certification Examination Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Certification Examination for General
				Contractors, Tower Specialty Contractors, and Industrial Facility Specialty
				Contractors. The certification examination shall consist of three tests. The
				content areas to be covered and the relative weight shall be as follows:
(a) Test one shall consist of questions
				relating to the business and financial management of a contracting firm. The
				content areas to be covered and the relative weights to be assigned to said
				area are set forth in subsection
				61G4-16.001(22),
				F.A.C.
(b) Test two shall consist
				of questions relating to contract administration including managing and
				operating the day to day activities of a contracting firm. The content areas to
				be covered and the approximate weights to be assigned to said areas shall be as
				follows:
1. 27% Preconstruction Activities,
2. 40% Project Contracts,
3. 20% Obtaining Licenses, Permits
				and Approvals; and,
4. 13%
				Construction Procedures and Operations.
(c) Test three shall consist of questions
				relating to project management including managing, controlling and conducting a
				specific project. The content areas to be covered and the approximate weights
				to be assigned to said areas shall be as follows:
1. 63% Construction Methods, Materials,
				Tools, and Equipment,
2. 20%
				Safety; and,
3. 17% Reading Plans
				and Specifications.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.0015 - Exemption from Business and Finance Test

Current through Reg. 50, No. 138; July 16, 2024
(1) Any current active certified residential
				licensee, who is an applicant for a state certified builder's examination or a
				certified general contractor's examination, shall not be required to take the
				business and finance portion of the exam, provided:
(a) The licensee is not under investigation
				or prosecution in any jurisdiction for an action that would constitute a
				violation of Chapter 489, Part I, F.S., or if so, until such time as the
				investigation or prosecution is complete; and
(b) The licensee has not been disciplined,
				other than a notice of noncompliance, a letter of guidance or a
				citation.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.0021 - Written Examination for Swimming Pool Specialty Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1) The examination for licensure for any
				category of swimming pool specialty contractor as specified in Rule
				61G4-15.032, F.A.C., shall
				consist of a written examination or a practical examination. The written
				examination shall test the applicant's ability to perform the scope of work for
				the category of swimming pool specialty contractor for which the applicant
				applied.
(2) Requirements for all
				written Swimming Pool Specialty Contractor Examinations. Each examination must
				test the following areas:
(a) 15% Reading,
				understanding and interpreting scaled pool construction plans and
				surveys.
(b) 5% Understanding and
				complying with job-site safety requirements.
(c) 5% Handling and properly disposing of
				hazardous materials.
(d) 5%
				Recognizing the tools required to do the job and exhibit the ability to
				properly use those tools.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.0031 - Practical Examination for Swimming Pool Specialty Contractors

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of Rule. The scope of this rule is
				to provide the practical examination requirements for the voluntary
				certification of swimming pool specialty contractors.
(2) Practical Examination Required. The
				examination for licensure for any category of swimming pool specialty
				contractor as specified in Rule
				61G4-15.032, F.A.C., shall
				consist of a practical examination.
(a) The
				practical examination shall test the applicant's ability to perform the scope
				of work for the category of swimming pool specialty contractor for which the
				applicant applied.
(b) The
				practical examination for any category of swimming pool specialty contractor
				shall have a maximum time limit of 14 days.
(c) An applicant must be working under the
				supervision and within the scope of work of a contractor licensed pursuant to
				Sections 489.105(3)(j)-(k),
				F.S, at the time of the examination.
(d) An applicant must make all arrangements
				to secure an appropriate location at which to perform the practical
				examination. These arrangements include all appropriate equipment and
				permissions for the presence of the practical examiner.
(e) An applicant must arrange for a practical
				examiner who meets the requirements in subsection (3) to administer the
				practical examination. These arrangements include payment of the fee to the
				proctor.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.004 - Oral Examinations

Current through Reg. 50, No. 138; July 16, 2024
(1) The general
				areas of competency to be covered by the oral certification examinations, the
				relative weight to be assigned in grading each area tested, the passing score,
				and the reexamination procedures for all contracting categories for which
				Section 489.113(10),
				F.S., allows an applicant to petition the Board to be administered an oral
				examination shall be the same as those specified in Rule
				61G4-16.001, F.A.C., for the
				written certification examinations for those categories. This includes all
				categories except General and Building Contractors.
(2) The oral certification examinations and
				the procedures used to administer them shall be the same as the written
				certification examinations and procedures for the contractor category except
				that:
(a) The Department shall provide an
				individual who will read the examination materials aloud to the applicant who
				is being administered an oral certification examination and
(b) The applicant shall be allowed twice as
				much time to complete the oral certification examination as that allowed for
				the completion of the written certification
				examination.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.005 - Duration of Validity

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of certification, a passing grade shall be
				  valid only for a period of four (4) years from the date of the most recently
				  passed portion of the exam.
Rulemaking Authority
					 455.217(2) FS.
					 Law Implemented 455.217(2),
					 489.113(1)
					 FS.
New 1-6-80, Formerly 21E-16.05, Amended 12-17-85, 8-11-92,
					 Formerly 21E-16.005, Amended 8-9-10,
					 3-26-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.007 - Security and Monitoring Procedures for Certification Examination

Current through Reg. 50, No. 138; July 16, 2024
The following procedures are hereby established concerning
				  the security and monitoring of the certification examination:
(1) The Board hereby adopts and approves the
				security and monitoring procedures for licensure examinations utilized by the
				Department of Business and Professional Regulation with the following
				additional provisions as set forth in subsection (2) of this rule. In case of
				conflict, the provisions of this rule shall prevail.
(2) Review of examination by Board members.
				Board members are authorized to review the certification examination given in
				the category which they represent.
Rulemaking Authority
					 455.217(1)(e)
					 FS. Law Implemented 455.217(1)(e)
					 FS.
New 10-14-81, Amended 7-31-83, Formerly 21E-16.07, Amended
					 4-16-92, Formerly 21E-16.007, Amended 9-3-96,
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-16 - EXAMINATIONS › Section 61G4-16.009 - Examination and Reexamination

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The general areas of competency to be
				covered by the examination for general, building, residential, sheet metal,
				roofing, class A and B air conditioning, mechanical, commercial pool/spa,
				residential pool/spa, swimming pool/spa servicing, plumbing, underground
				utility and excavation, specialty structure, solar, pollutant storage, gypsum
				drywall, glass and glazing, and gas line contractors, and the relative weight
				to be assigned in grading each area tested shall be as specified in Rule
				61G4-16.001, F.A.C.
(b) Reexamination.
1. A candidate who:
a. Fails to achieve a passing score on any of
				the tests referenced to in Rule
				61G4-16.001, F.A.C., above;
				or
b. Fails to appear for a
				scheduled test shall be required to pay the reexamination fee as set forth in
				paragraph (3)(c) below.
2. A candidate shall be required to retake
				only the tests on which he or she failed to achieve a passing score or failed
				to appear to take when scheduled. However, a candidate must pass all tests
				within four years of the first attempt; after which time all past test scores
				of the candidate shall be considered invalid and he or she shall be required to
				take all parts of the test as specified in Rule
				61G4-16.001, F.A.C.
3. A candidate who fails to achieve a passing
				score on the examination in whole or in part must submit an application to
				retake the certification examination to the examination vendor no less than
				thirty (30) days prior to the administration of the examination the candidate
				wishes to take provided he or she pays all appropriate fees as set forth in
				subsection (3) below.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.002 - 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 the following:
(1) Monetary or other damage to the
				licensee's customer, in any way associated with the violation, which damage the
				licensee has not relieved, as of the time the penalty is to be assessed. (This
				provision shall not be given effect to the extent it would contravene federal
				bankruptcy law.)
(2) Actual
				job-site violations of building codes, or conditions exhibiting gross
				negligence, incompetence, or misconduct by the licensee, which have not been
				corrected as of the time the penalty is being assessed.
(3) The danger to the public.
(4) The number of complaints filed against
				the licensee.
(5) The length of
				time the licensee has practiced.
(6) The actual damage, physical, economic, or
				otherwise, caused by the licensee's violation.
(7) The deterrent effect of the penalty
				imposed.
(8) The effect of the
				penalty upon the licensee's livelihood.
(9) Any efforts at rehabilitation.
(10) Any other mitigating
				circumstances.
Rulemaking Authority
					 455.2273 FS. Law Implemented
					 455.2273
					 FS.
New 10-26-86, Formerly 21E-17.002, Amended 8-20-03,
					 6-17-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.003 - Repeat Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in this
				rule, a repeat violation is any violation on which disciplinary action is being
				taken where the same licensee had previously had disciplinary action taken
				against him or received a letter of guidance in a prior case; and said
				definition is to apply regardless of whether the violations in the present and
				prior disciplinary actions are of the same or different subsections of the
				disciplinary statutes.
(2) The
				penalty given in the above list for repeat violations is intended to apply only
				to situations where the repeat violation is of a different subsection of
				Chapter 489, F.S., than the first violation. Where, on the other hand, the
				repeat violation is the very same type of violation as the first violation, the
				penalty set out above will generally be increased over what is otherwise shown
				for repeat violations in the above list.
Specific Authority
					 455.2273,
					 455.2275 FS. Law Implemented
					 455.2273
					 FS.
New 10-26-86, Formerly 21E-17.003, Amended
					 11-25-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.005 - Penalties Cumulative and Consecutive

Current through Reg. 50, No. 138; July 16, 2024
Where several of the above violations shall occur in one or
				  several cases being considered together, the penalties shall normally be
				  cumulative and consecutive.
Specific Authority
					 455.2273,
					 455.2275 FS. Law Implemented
					 455.2273
					 FS.
New 10-26-86, Formerly
					 21E-17.005.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.006 - Mitigation; Notice of Mitigation and Aggravation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.2273,
					 455.2275 FS. Law Implemented
					 455.2273
					 FS.
New 10-26-86, Formerly 21E-17.006, Repealed
					 2-27-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.007 - Probation

Current through Reg. 50, No. 138; July 16, 2024
Probation may also be assessed in any case where, in the
				  board's opinion, it is advisable for the public welfare, in order to assure
				  that the licensee operates properly and within the law in the future, to
				  require the licensee to report to the Board periodically, or to otherwise serve
				  a probationary period. Failure to comply with the terms and conditions of
				  probation shall be prima facie evidence of misconduct as defined by Section
				  489.129, F.S.
Specific Authority
					 455.2275,
					 489.129 FS. Law Implemented
					 489.129
					 FS.
New 10-26-86, Amended 4-18-89, Formerly
					 21E-17.007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.008 - Stipulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.2273,
					 455.2275 FS. Law Implemented
					 455.2273
					 FS.
New 10-26-86, Formerly 21E-17.008, Repealed
					 1-7-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-17 - DISCIPLINARY GUIDELINES › Section 61G4-17.009 - Violations of Provisions of This Chapter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.129(3) FS.
					 Law Implemented 489.129(3)
					 FS.
New 12-21-92, Formerly 21E-17.009, Amended 6-27-95,
					 Repealed 2-27-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.001 - Continuing Education Requirements for Certificateholders and Registrants

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person who is certified or
				registered by the Board must, as a condition of each renewal of the certificate
				or registration, obtain at least 14 classroom or interactive distance learning
				hours of continuing education in one or more courses from a continuing
				education provider approved by the Board. Of the required 14 hours of
				continuing education, up to four (4) hours of credit may be earned by attending
				a meeting of the Board wherein disciplinary cases are considered. The first
				complete hour of attendance will satisfy the requirement for continuing
				education in laws and rules regulating the construction industry, pursuant to
				paragraph (2)(e), below. At least seven (7) days advance notice of the intent
				to attend the disciplinary case session must be given to the Board, and the
				licensee must check in with Board staff prior to the beginning of the
				disciplinary proceedings. The licensee must sign in and out at breaks and at
				lunchtime. After the conclusion of the meeting, Board staff will issue a
				certificate of attendance to the licensee. The licensee must submit
				documentation of such participation to the Department within five (5) days of
				the date of issuance of the certificate of attendance. A maximum of four (4)
				hours will be allowed during a renewal cycle. Credit hours shall be awarded on
				an hour for hour basis up to a maximum of four hours. Credit hours may not be
				earned when the licensee attends a disciplinary case session as a party to a
				disciplinary action.
(2) All
				registered contractors and certified contractors are required to complete
				fourteen (14) hours of continuing education each renewal cycle. Of the fourteen
				(14) hours, one (1) hour shall be required in each of the following topics:
(a) Specialized or advanced module course
				approved by the Florida Building Commission, or the Board;
(b) Workplace safety;
(c) Business practices;
(d) Workers' compensation; and
(e) Laws and rules regulating the
				construction industry;
(f) Wind
				mitigation methodologies, if license is held in the following category:
				General, Building, Residential, Roofing, Speciality Structure, or Glass and
				Glazing.
(g) Pool electrical
				requirements, if license is held in the following category: Commercial
				pool/spa, Residential pool/spa, Swimming pool/spa servicing, or Residential
				pool/spa servicing specialty.
(h)
				Cementitious Cladding, Stucco, Plastering and Lath application and repair
				methodologies, if license is held in the following category: General, Building,
				Residential, or Specialty Structure.
The remaining hours may include any of the aforementioned
				  subject matter or general topics as defined
				  hereinafter.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this rule, the following terms shall have the
				  following meanings:
(1) "Board" means
				the Construction Industry Licensing Board.
(2) "Course" means any course, seminar or
				other program of instruction which has been approved by the board for the
				purpose of complying with continuing education requirements for contractors.
				"Course" also means any successfully completed core curriculum, construction or
				business related, course in an accredited two-year or four-year college program
				leading to a construction or business related degree.
(3) "Classroom Hour" means fifty minutes of
				instruction, exclusive of any breaks, recesses, or other time not spent in
				instruction.
(4) "Interactive
				Distance Learning Hour" means fifty minutes of instruction presented in an
				alternative nonclassroom interactive distance learning setting, exclusive of
				any breaks, recesses, or other time not spent in instruction.
(5) "Interactive Distance Learning" means the
				delivery of educational offerings or courses via the internet and/or other
				interactive electronic media. Such offerings or courses shall be interactive,
				providing for the interchange of information between the student, and teacher,
				and shall provide for the registration, evaluation, monitoring, and
				verification of continuing education.
(6) "Course Provider" or "Continuing
				Education Provider" means the person or legal entity who is registered pursuant
				to this rule and who is responsible for conducting a course approved pursuant
				to this rule. The course provider or continuing education provider is
				responsible for maintaining records regarding the name and license number of
				each person who attends a continuing education course and for reporting the
				attendance to the Department in the format and timeframe specified by the
				Department.
(7) "Person" means any
				natural person and does not include any corporation, partnership or other type
				of legal entity.
Rulemaking Authority
					 455.213(6),
					 455.2179,
					 489.108,
					 489.115 FS. Law Implemented
					 455.213,
					 455.2178,
					 489.115
					 FS.
New 12-2-93, Amended 5-17-99, 5-30-00, 3-25-01,
					 5-28-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.004 - Approval of Continuing Education Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) Each registered course provider shall
				submit an application for approval of a continuing education course. The
				application shall be submitted on the provider/course approval application
				provided by the Department.
(2) The
				board shall approve any course, seminar or conference in the construction area
				provided by any university, community college, vocational-technical center,
				public or private school, firm, association, organization, person, corporation,
				or entity which meets the criteria provided in this rule, provided said entity
				has registered as a provider with the board.
(3) The application shall include the total
				number of classroom or interactive distance learning hours, the course
				syllabus, a detailed outline of the contents of the course, the name and
				qualifications of all instructors known at the time of the application and the
				minimum qualifications of any instructors not known at the time of the
				application. Course instruction time shall be separated into intervals of no
				more than twenty-five (25) minutes. Each interval shall contain a descriptive
				outline stating the subject matter in such detail so as to describe the content
				of the interval. In addition, a course provider making application to offer
				interactive distance learning must submit documents indicating the following:
(a) The means by which the course will
				demonstrate interactivity between the student and course provider within a
				maximum of 24 hours, which promotes student involvement, and demonstrates that
				the course measures learning and addresses comprehension of content at regular
				intervals.
(b) The means by which
				the course provider is able to monitor student enrollment, participation and
				course completion.
(c) The means by
				which the course provider will be able to satisfactorily demonstrate that
				stated course hours are consistent with the actual hours spent by each student
				to complete the course.
(d) The
				means by which the provider will assure qualified instructor(s) will be
				available to answer questions and provide students with necessary support
				during the duration of the course.
(e) That the student will be required to
				complete a statement at the beginning and end of the course that indicates that
				he/she personally completed each module/session of instruction.
(f) The means by which the course provider
				will verify student identification.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.005 - Qualifications of Course Instructors

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All course instructors shall be qualified, by education or experience, to teach
				the course, or parts of a course, to which the instructor is
				assigned.
(2) Any person with a
				four year college degree or graduate degree is qualified to teach any course in
				their field of study provided they are currently active in their respective
				field.
(3) Any active or inactive
				state certified or registered contractor, or standard licensed inspector,
				standard licensed plans examiner, or standard licensed building code
				administrator with at least five years experience may teach any technical
				course regarding construction within the scope of their license. However, no
				individual whose license is suspended or revoked as a result of any licensing
				Board discipline shall teach or serve as a continuing education course
				instructor.
(4) The board may not
				reject a course based upon the proposed instructors, but may approve a course
				contingent on certification by the course provider that all instructors meet
				those minimum requirements before conducting that course, and before
				advertising that the course is approved for continuing education
				credit.
(5) A course provider may
				request approval by the board regarding the qualifications of a particular
				instructor for a particular course.
Rulemaking Authority
					 489.108,
					 489.115 FS. Law Implemented
					 489.115
					 FS.
New 12-2-93, Amended 11-25-97,
					 10-8-09.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.006 - Course Syllabus

Current through Reg. 50, No. 138; July 16, 2024
(1) Each course
				shall have a course syllabus which will specify the name of the course, the
				number of the course assigned by the board, the name and address of the course
				provider and a description or outline of the contents of the course.
(2) Each person who registers for a course
				must be given the course syllabus prior to the beginning of the course. The
				syllabus may be distributed when the person registers their attendance at the
				course.
Rulemaking Authority
					 489.108,
					 489.115 FS. Law Implemented
					 489.115
					 FS.
New 12-2-93.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.009 - Certifications of Completion

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) It is the certificateholder's or
				registrant's responsibility to maintain proof of completion of continuing
				education courses for three years.
(b) Proof of completion may be substantiated
				by an affidavit of the course provider, a certificate of completion issued by
				the course provider, or a certified copy of a school transcript. If none is
				available an affidavit of two other persons who attended the course,
				accompanied by certificates of completion for each, will be
				accepted.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.010 - Advertising of Continuing Education Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) A course provider may not advertise a
				course as one approved by the board for continuing education until such
				approval is granted by the board.
(2) A course provider may not include any
				false or misleading information regarding the contents, instructors or number
				of classroom hours of any course approved under this rule.
(3) A course provider must include its
				provider number and course number(s) in all advertising.
Rulemaking Authority
					 489.108,
					 489.115 FS. Law Implemented
					 489.115
					 FS.
New 12-2-93, Amended
					 1-18-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.011 - Continuing Education Courses Required by Disciplinary Action

Current through Reg. 50, No. 138; July 16, 2024
(1) Courses approved under Rules
				61G4-18.001 -.011, F.A.C., shall
				be accepted as compliance with final orders of the board requiring continuing
				education.
(2) The certificates of
				completion of such courses shall be forwarded to the executive director of the
				board within the time limits stated in the final order.
Rulemaking Authority
					 489.108,
					 489.115 FS. Law Implemented
					 489.115
					 FS.
New 12-2-93.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.012 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The fee for registering each continuing
				education provider shall be two hundred fifty dollars ($250.00).
(2) The fee for reviewing each continuing
				education course approval application shall be twenty-five dollars ($25.00) per
				credit hour, not to exceed one hundred fifty dollars ($150.00) per
				course.
Rulemaking Authority
					 489.108,
					 489.115 FS. Law Implemented
					 455.2179(3),
					 489.109,
					 489.115
					 FS.
New 12-2-93, Amended
					 1-18-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.013 - Exam Development

Current through Reg. 50, No. 138; July 16, 2024
(1) Notwithstanding
				any of the foregoing provisions, the Board shall grant continuing education
				credits to any licensee who participates in exam development with the approval
				of the Board upon electronic submission of documentation of such participation
				within five (5) business days of the date of participation by either the
				Department or a testing provider under contract with the Department.
(2) One (1) continuing education credit hour
				shall be given for every fifty (50) minute clock hour of participation in exam
				development.
(3) Exam development
				specifically includes all exam question development activities and workshops on
				task analyses.
Rulemaking Authority
					 489.108,
					 489.115(4) FS.
					 Law Implemented 489.115(4)
					 FS.
New 11-12-95, Amended 2-6-96,
					 3-25-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-18 - CONTINUING EDUCATION › Section 61G4-18.014 - Continuing Education Seminars (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108,
					 489.115(4) FS.
					 Law Implemented 489.115(4)
					 FS.
New 4-15-99, Repealed
					 11-2-09.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-20 - LOCAL DISCIPLINARY ACTIONS › Section 61G4-20.001 - Local Disciplinary Actions

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) In order for a local government to issue
				local licenses or certificates of competency, and before the Board will issue
				registrations for contractors defined in Section
				489.105(3)(a)-(o),
				F.S., the local government shall have identified a local government body having
				the authority to discipline such contractors in the manner described in Section
				489.131(7),
				F.S., for violations set forth in Section
				489.129(1),
				F.S., or the local governing ordinance.
(b) The membership of such local government
				body having the authority to discipline state registered contractors shall,
				whenever practical, include at a minimum an architect, a business person, an
				engineer, and at least one contractor who is registered or certified under
				Sections 489.105(3)(a)-(c),
				F.S., and one contractor who is registered or certified under Sections
				489.105(3)(d)-(o),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND › Section 61G4-21.001 - Florida Homeowners'Construction Recovery Fund (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.108 FS. Law Implemented
					 489.140-.143 FS.
New 7-11-95, Amended 7-7-05, Repealed
					 2-27-12.