reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-31 - MOLD-RELATED SERVICES › Section 61-31.603 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) As an
				alternative to the provisions of Sections
				455.255(1) and
				(2), F.S., the Department may provide a
				licensee with a notice of noncompliance for an initial offense of a minor
				violation.
(2) A notice of
				non-compliance may be issued for the following minor violations:
(a) Offers to perform any mold assessment or
				remediation in violation of Section
				468.8419(1)(b),
				F.S.
(b) Advertising goods or
				services in a manner that is fraudulent, false, deceptive or misleading in form
				or content in violation of Section
				468.842(1)(f),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-31 - MOLD-RELATED SERVICES › Section 61-31.604 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) The following violations may be resolved
				by the issuance of a citation pursuant to Section
				455.224, F.S., and Chapter
				61-31, F.A.C.
Violation
Fine
(a) Practice by an individual with an inactive or
							 delinquent license, in violation of Section
							 468.842(1)(i),
							 F.S.
$1, 000.00
(b) Failure of a mold assessor to maintain at least
							 $1 million general liability and errors-and-omissions insurance coverage for
							 both preliminary and postremediation mold assessment, in violation of Section
							 468.8421, F.S.
$1, 000.00
(c) Failure of a mold remediator to maintain at least
							 $1 million general liability insurance coverage, in violation of Section
							 468.8421, F.S.
$1, 000.00
(d) Failure to commence corrective action within 15
							 days of the Department's issuance of a notice of noncompliance, in violation of
							 Rule 61-31.603, F.A.C.
$500.00
(2)
				In addition to the penalties specified above, the Department may recover the
				costs of investigation associated with the citation.
(3) Citations shall be issued pursuant to
				this rule where no harm to consumers results from the
				violation.
Rulemaking Authority
					 455.2035,
					 455.224(2) FS.
					 Law Implemented 455.224,
					 468.842,
					 468.8421
					 FS.
New 1-30-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-31 - MOLD-RELATED SERVICES › Section 61-31.605 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The following alleged violations may be resolved by mediation
				  using the procedure adopted by the Department pursuant to Section
				  455.2235, F.S.:
(1) Section
				468.842(1)(g),
				F.S., Committing fraud, deceit, negligence, incompetency or misconduct in the
				practice of mold related services.
(2) Section
				468.842(1)(h),
				F.S., Failing to perform any statutory or legal obligation placed upon a
				licensed mold assessor or remediator.
Rulemaking Authority
					 455.2035,
					 455.2235(1),
					 468.8424 FS. Law Implemented
					 455.2235,
					 468.842
					 FS.
New 1-30-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-32 - ISSUANCE OF CITATIONS › Section 61-32.001 - Issuance of Citations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.201,
					 455.203(5),
					 455.224 FS. Law Implemented
					 455.224
					 FS.
New 1-6-92, Formerly 21-32.001, Amended 6-19-95, 8-15-05,
					 Repealed 10-4-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-32 - ISSUANCE OF CITATIONS › Section 61-32.002 - Board of Employee Leasing Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in this rule, "citation" means an
				instrument which meets the requirements set forth in Section
				455.224, F.S., and which is
				served upon a licensee for the purpose of assessing a penalty in an amount
				established by this rule.
(2) In
				lieu of the disciplinary procedures contained in Section
				455.225, F.S., the Department is
				hereby authorized to dispose of any violation designated herein by issuing a
				citation to the subject within six months after the filing of the complaint
				that is the basis for the citation. The citation shall be issued to the subject
				and shall contain the subject's name and address, license number if applicable,
				a brief factual statement, the sections of law allegedly violated, and the
				penalty imposed. If a violation for which a citation may be issued is
				discovered during the course of an investigation for an unrelated violation,
				the citation must be issued within 6 months from the discovery of the violation
				and filing of the uniform complaint form by the investigator.
(3) The following violations with
				accompanying fines may be disposed of by citation, unless the licensee has
				already received two citations within the preceding one year period, in which
				case the disciplinary procedures contained in Section
				455.225, F.S., shall apply:
(a) Conducting a business under a name other
				than the licensed name of the employee leasing company, in violation of Section
				468.530(3),
				F.S. The fine shall be $500.00.
(b)
				Failure to notify the Board of change of address, in violation of Section
				468.532(1)(j),
				F.S. The fine shall be $100.00.
(c)
				Failing to post in a conspicuous place in the principal place of business the
				license of the employee leasing company in violation of Section
				468.530(2),
				F.S. The fine shall be $100.00.
(d)
				Failure to submit quarterly reports when due but which are submitted and
				postmarked more than 7 days, but less than 90 days after the due date, in
				violation of Rule 61G7-10.001, F.A.C., the fine
				shall be $500.00.
(e) Failure to
				submit annual reports when due but which are submitted and postmarked more than
				7 days, but less than 30 days of the date in violation of Rule
				61G7-10.0011, F.A.C. The fine
				shall be $500.00.
(f) Failure to
				submit a statement of total gross Florida payroll and annual assessment fees
				when due but which are submitted and postmarked more than 7 days, but less than
				90 days of the due date, in violation of subsection
				61G7-5.002(1),
				F.A.C., the fine shall be $500.00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-32 - ISSUANCE OF CITATIONS › Section 61-32.003 - Issuance of Citations for Unlicensed Practice of a Profession

Current through Reg. 50, No. 138; July 16, 2024
(1) Notwithstanding citation rules adopted
				under applicable practice acts pursuant to Section
				455.224, F.S., citations
				imposing a designated fine may be issued to persons or businesses not licensed
				by the Department for the violations listed below when there is evidence of
				consumer harm in the amount of $10,000.00 or less.
(2) The Department may issue citations in
				lieu of administrative complaints for the unlicensed practice of a profession,
				and impose the following penalties:
(a)
				Advertising or otherwise holding ones self out as available to practice a
				profession, provide a service, or engage in an activity that requires licensure
				by the Department. CITATION PENALTY: A fine of $1, 000, and costs of the
				investigation.
(b) Contracting to
				perform or performing a service, or offering a bid to engage or engaging in a
				practice, that requires licensure by the Department. CITATION PENALTY: A fine
				of $2, 500, and costs of the investigation.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-32 - ISSUANCE OF CITATIONS › Section 61-32.005 - Petitions for Mediation by Homeowners (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 723.006(7),
					 723.038(1) FS.
					 Law Implemented 723.037,
					 723.038
					 FS.
New 2-6-85, Formerly 7D-32.05, Amended 8-2-87, 2-8-89,
					 10-2-90, Formerly 7D-32.005, Amended 8-31-94, 11-15-95, Repealed
					 1-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-32 - ISSUANCE OF CITATIONS › Section 61-32.0053 - Petitions for Mediation by Park Owners (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 723.006(7),
					 723.038(1) FS.
					 Law Implemented 723.037,
					 723.038
					 FS.
New 10-2-90, Formerly 7D-32.0053, Amended 8-31-94, Repealed
					 1-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-34 - MEDIATION › Section 61-34.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.201(1),
					 455.203(5) FS.
					 Law Implemented 455.2235
					 FS.
New 7-12-95, Repealed
					 10-22-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-34 - MEDIATION › Section 61-34.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.201(1),
					 455.203(5) FS.
					 Law Implemented 455.2235
					 FS.
New 7-12-95, Repealed
					 8-28-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-34 - MEDIATION › Section 61-34.003 - Procedure for Mediation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.201(1),
					 455.203(5) FS.
					 Law Implemented 455.2235
					 FS.
New 7-12-95, Repealed
					 8-28-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-35 - DEPARTMENTAL FORMS › Section 61-35.004 - Athlete Agent Departmental Forms

Current through Reg. 50, No. 138; July 16, 2024
The following Athlete Agent forms can be obtained at
www.myfloridalicense.com/dbpr/
or
				  by contacting the Department of Business and Professional Regulation, 2601
				  Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:
(1) Any person desiring licensure as an
				Athlete Agent shall submit a completed Form DBPR AA-4101, Application for
				Licensure as an Athlete Agent, effective Aug 2019, adopted and incorporated by
				reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-10861
,
				and remit payment of an application fee of $250.00, licensure fee of $375.00
				and an unlicensed activity fee of $5.00 as specified in Rule
				61-24.004, F.A.C.
(2) Any person requesting an address or name
				change or duplicate of his or her Athlete Agent license shall submit a
				completed Form DBPR AA-4102, Request for Address/Name Change or Duplicate,
				effective May 29, 2012, adopted and incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01271
.
(3) Any person desiring to change the status
				of his or her Athlete Agent license shall submit a completed Form DBPR AA-4103,
				Change of Status Application effective May 29, 2012, adopted and incorporated
				by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01272
.
(4) Any person whose license has become null
				and avoid due to illness or economic hardship may apply for reinstatement of
				his or her license at any time by submitting to the Department Form DBPR
				AA-4101, Application for Licensure as an Athlete Agent, remitting payment of a
				reinstatement fee of $125.00, licensure fee of $375.00, and an unlicensed
				activity fee of $5.00 as specified in Rule
				61-24.004, F.A.C., and meeting
				any other requirements for licensure imposed under Chapters 455 and 468, Part
				IX, F.S.
Rulemaking Authority
					 455.2035,
					 455.213,
					 468.457 FS. Law Implemented
					 455.2035,
					 455.213,
					 455.271,
					 468.453,
					 559.79
					 FS.
New 6-14-12, Amended 6-23-15,
					 10-8-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-35 - DEPARTMENTAL FORMS › Section 61-35.010 - Construction Industry Departmental Forms

Current through Reg. 50, No. 138; July 16, 2024
The following Construction Industry Departmental forms can be
				  obtained at
www.myfloridalicense.com/dbpr/
or
				  by mail from the Department of Business and Professional Regulation, 2601 Blair
				  Stone Road, Tallahassee, FL 32399-0790, (850)487-1395. After July 16, 2012, the
				  Department will only accept these forms for application purposes.
(1) Registered Contractor - Persons applying
				to become licensed as a Registered Contractor shall use the following forms:
(a) Form DBPR CILB 2 Application for
				Registered Contractor as an Individual, effective July 2021, is adopted and
				incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13646
.
(b) Form DBPR CILB 3 Application for
				Registered Contractor Qualifying a Business, effective July 2021, is adopted
				and incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13651
.
(c) Form DBPR CILB 4 Application for
				Registered Contractor Qualifying an Additional Business Entity Under a New
				License Category, effective July 2021, is adopted and incorporated by
				reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13653
.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-35 - DEPARTMENTAL FORMS › Section 61-35.018 - Harbor Pilots Departmental Forms

Current through Reg. 50, No. 138; July 16, 2024
The following Harbor Pilots Departmental forms can be
				  obtained at
www.myfloridalicense.com/dbpr/
or
				  by contacting the Department of Business and Professional Regulation, 2601
				  Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:
(1) Any person applying to take the State
				Pilot License, Deputy Pilot Certification, Cross-Licensed Deputy Pilot
				Certification by Examination shall submit a completed Form DBPR BOPC 1,
				Application for Harbor Pilot Examination, effective November 2022, adopted and
				incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-14848
.
(2) Any licensee requesting to change their
				address or personal name, or request for renewal shall submit a completed Form
				DBPR BOPC 2, Maintenance Form, effective November 2022, adopted and
				incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-14849
.
(3) Any licensed state pilot or certificated
				deputy pilot who is involved in a collision, grounding, stranding, or other
				marine peril shall submit a completed form DBPR BOPC 3, Marine Incident Report,
				effective August 2023, adopted and incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-15808
.
Rulemaking Authority
					 455.203,
					 455.213,
					 455.217,
					 310.091,
					 310.102,
					 310.111 FS. Law Implemented
					 310.071,
					 310.073,
					 310.075,
					 310.121,
					 310.091,
					 310.102,
					 310.111,
					 559.79
					 FS.
New 12-5-22, Amended
					 9-17-23.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-35 - DEPARTMENTAL FORMS › Section 61-35.021 - Professional Geologist Departmental Forms

Current through Reg. 50, No. 138; July 16, 2024
The following Professional Geologist forms can be obtained at
www.myfloridalicense.com/dbpr/
or by contacting the Department of Business and Professional Regulation, 2601
				  Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:
(1) Any person desiring to apply for
				licensure as a Professional Geologists, shall submit a completed Form DBPR PG
				4701, Application for Licensure, effective January 2022, adopted and
				incorporated by reference at,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13992
.
(2) Any person desiring to apply for
				registration of qualifying geologist shall submit a completed Form DBPR PG
				4702, Registration of Geology Business, effective January 2022, adopted and
				incorporated by reference at,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13993
.
(3) Any person desiring to apply for
				reexamination for Professional Geologist, shall submit a completed Form DBPR PG
				4703, Application for Reexamination for Professional Geologist, effective
				January 2020, adopted and incorporated by reference at,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12497
.
(4) Any person desiring to make changes to an
				existing license, shall submit a completed Form DBPR PG 4704, Maintenance Form/
				Status Change, effective January 2020, adopted and incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12498
.
(5) Any person desiring to reinstate a null
				and void license shall submit a completed Form DBPR PG 4705, Application for
				Licensure from Null and Void, effective January 2020, adopted and incorporated
				by reference at,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12499
.
(6) Any person desiring to register as a
				Geologist in Training shall submit a completed Form DBPR PG 4706, Application
				for Geologist in Training, effective January 2020, adopted and incorporated by
				reference at,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12500
.
(7) Any person desiring to apply for
				reexamination of Geologist in Training, shall submit a completed Form DBPR PG
				4707, Application for Reexamination for Geologist in Training, effective
				January 2020, adopted and incorporated by reference at,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12501
.
Rulemaking Authority
					 455.203,
					 455.213,
					 455.271,
					 492.104,
					 492.105,
					 492.106,
					 492.108,
					 492.111 FS. Law Implemented
					 492.104,
					 492.105,
					 492.1051,
					 492.106,
					 492.108,
					 492.111,
					 492.1101,
					 455.213,
					 455.217,
					 455.271,
					 559.79
					 FS,
New 2-16-21, Amended
					 3-7-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-35 - DEPARTMENTAL FORMS › Section 61-35.026 - Florida Real Estate Appraisal Departmental Forms

Current through Reg. 50, No. 138; July 16, 2024
The following Florida Real Estate Appraisal forms can be
				  obtained at
www.myfloridalicense.com/dbpr/
or
				  by contacting the Department of Business and Professional Regulation, 2601
				  Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395.
(1) Appraisal Management Companies -
(a) Persons applying to register an Appraisal
				Management Company shall use Form DBPR FREAB 1, Application for Registering an
				Appraisal Management Company, effective April 2012, adopted and incorporated by
				reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01978
.
(b) Persons requesting to renew, close,
				change the address or name, or request a duplicate license shall submit to the
				Department a completed Form DBPR FREAB 2, Appraisal Management Company -
				Maintenance, effective April 2012, adopted and incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01979
.
(c) Persons applying to add or remove an
				officer, director, general partner, manager, managing member, owner, or
				individuals who, directly or indirectly, owns or controls 10 percent or more of
				an ownership interest in the appraisal management company shall use Form DBPR
				FREAB 3, Appraisal Management Company - Amendment, effective April 2012,
				adopted and incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01980
.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-36 - LICENSURE APPLICATIONS › Section 61-36.001 - Department Closure or Termination of Deficient Applications

Current through Reg. 50, No. 138; July 16, 2024
Upon determination that two (2) years have elapsed since the
				  department notified an applicant of a deficiency in the application and that
				  the applicant has failed to cure the deficiency, the department shall close the
				  review and terminate the application as deficient pursuant to Section
				  455.203(10),
				  F.S. The determination regarding the two (2) year lapse in time shall be based
				  on documentation that the department notified the applicant of the deficiency
				  in accordance with Section
				  120.60, F.S. This rule does not
				  apply to applications for licensure submitted to the Division of Real Estate
				  pursuant to Chapter 475, Part II, F.S.
Rulemaking Authority
					 455.203(5),
					 (6),
					 455.2035 FS. Law Implemented
					 455.203(10)(a)
					 FS.
New 12-19-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-36 - LICENSURE APPLICATIONS › Section 61-36.002 - Department Approval of Applications Meeting Statutory and Rule Requirements

Current through Reg. 50, No. 138; July 16, 2024
Upon review of a non-deficient application for license, the
				  department shall examine the application to determine if the applicant meets
				  the qualifications for licensure set forth in the applicable licensing
				  statutes. If the applicant meets all of the requirements for the license for
				  which the applicant has applied, the department shall approve the application
				  and issue the license.
Rulemaking Authority
					 455.203(5),
					 (6),
					 455.2035 FS. Law Implemented
					 455.203(10)(b)
					 FS.
New 12-19-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-37 - FLORIDA ENERGY CONSERVATION STANDARDS › Section 61-37.003 - Products, Standards and Test Methods

Current through Reg. 50, No. 138; July 16, 2024
The standards and test methods as required herein pertain to
				  specific covered products.
(1)
				Refrigerators, Refrigerator-Freezers, and Freezers: Test Methods. Manufacturers
				of any refrigerator, refrigerator-freezer or freezer to be sold or installed in
				Florida that is covered by this rule shall cause the testing of one randomly
				selected sample of each model of covered product by a test laboratory
				accredited under the National Voluntary Laboratory Accreditation Program
				(NVLAP) or, where no laboratory accreditation program category exists under
				this program for a covered product, testing shall be conducted by an
				independent test laboratory. Testing shall be conducted according to the
				following test methods.
(a) Fresh food
				refrigerated volume, freezer refrigerated volume, and total refrigerated volume
				shall be determined using the standard ANSI/AHAM HRF-1-1988, which is
				incorporated by reference herein, and may be obtained from the American
				National Standards Institute, 1430 Broadway, New York, New York 10018,
				(212)642-4900.
(b) The energy
				consumption shall be determined using the test procedure for refrigerators and
				freezers in 10 Code of Federal Regulations (CFR) Section 430.22(a) and (b)
				(2000), which is incorporated by reference herein, and may be obtained from the
				Department of Business and Professional Regulation, Office of Codes &
				Standards, 2601 Blairstone Road, Tallahassee, Florida
				32399-0772.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-37 - FLORIDA ENERGY CONSERVATION STANDARDS › Section 61-37.004 - Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) Test reports submitted with certification
				statements by manufacturers shall be based on testing performed not earlier
				than two years prior to the certification submittal. The test report shall be a
				copy of the report produced by the testing laboratory and shall be consistent
				with the presentation of information required by the test standard applicable
				to the covered product and for showerheads shall indicate whether they are
				tested with or without inserts where applicable.
Certification statements for luminaires and showerhead
				  assemblies that contain a ballast or showerhead manufactured and certified by
				  others shall identify both ballast or showerhead and luminaire or assembly
				  model numbers. A list of ballasts or showerheads officially certified in
				  Florida that will be included as part of the product must be contained in the
				  certification package. However, no test report is required where the ballast or
				  showerhead referenced has been certified by its manufacturer. Where a company
				  utilizes one showerhead in a number of assemblies, one showerhead certification
				  submittal may be made that includes a list of that company's assembly models
				  containing that showerhead. The certification for showerheads shall certify
				  that the showerhead is packaged and shipped with or without removable inserts
				  as applicable. The declaration of compliance shall be provided on Form 971-87,
				  which is incorporated by reference herein, effective 12/31/87, and may be
				  obtained from the Department of Business and Professional Regulation, Office of
				  Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida
				  32399-0772.
(2)
				Certification statements not complete and accurate shall be returned to the
				manufacturer by the Department within 45 days after receipt with a description
				of incomplete or inaccurate information for correction. The date a corrected
				certification statement is received shall begin a new 45 day response
				cycle.
(3) The results of all tests
				performed for certification shall be retained by the manufacturer for a period
				of three years from date of certification.
(4) Manufacturers or distributors of covered
				products that participate in a nationally recognized product certification
				program may submit Form 971-87 with all applicable information included and a
				copy of the program's directory listing ratings of energy efficiency that
				indicate the covered product meets the minimum energy conservation standards
				required by Section 553.963,
				F.S.
Rulemaking Authority
					 553.954 FS. Law Implemented
					 553.971
					 FS.
New 12-31-87, Amended 10-12-89, 12-11-00, Formerly
					 9B-44.004.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-37 - FLORIDA ENERGY CONSERVATION STANDARDS › Section 61-37.005 - Identification

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				553.971(4),
				F.S., requires identifying information to appear on each product.
(2) The manufacturer shall show on the
				product and on the outside of the shipping carton for any covered product, and
				unit carton in the case of plumbing fittings, sufficient information to permit
				the determination of whether the appliance complies with the requirements of
				this rule chapter, and shall include items (a), (b) and (c) of Section
				553.971(4),
				F.S. This information shall be readily accessible, and accessibility shall not
				require removal of any covering while on display or when installed. Sufficient
				information to determine compliance with this rule shall be determined as
				follows:
(a) Ballasts may be labeled with
				either the Ballast Efficacy Factor (BEF), or a symbol of the letter E within a
				circle, on the product in accordance with the requirements of P.L. 100-357, as
				amended, in lieu of items (b) and (c).
(b) Showerheads may be labeled with either
				the flow rate (the actual tested flow rate or 3 gpm) or the marking "ANSI
				A112.18.1M" on the product in lieu of items (b) and (c). Where the showerhead
				fitting is packaged with other component parts for sale, the package must also
				bear the assembly model number in addition to the fitting model
				number.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-38 - FLORIDA STANDARDS FOR RADON › Section 61-38.001 - Florida Standard for Mitigation of Radon in Existing Buildings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority s.2, ch. 88-285, s. 3, ch. 94-284,
					 Laws of Florida. Law Implemented
					 553.98(1)
					 FS.
New 2-26-91, Amended 5-10-94, Formerly
					 9B-53.004, Repealed
					 7-25-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-38 - FLORIDA STANDARDS FOR RADON › Section 61-38.002 - Florida Standard for Passive Radon-Resistant New Residential Building Construction, Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida
				Standard for Passive Radon-Resistant New Residential Building Construction,
				dated July 1, 1995, is herein incorporated by reference.
(2) A copy of the above referenced Standard
				has been filed with these regulations with the Secretary of State. The Standard
				is also available for reference and inspection at the Department of Business
				and Professional Regulation, Office of Codes and Standards, 2601 Blairstone
				Road, Tallahassee, Florida 32399-0790.
Rulemaking Authority
					 553.98 FS. Law Implemented
					 553.98(2)
					 FS.
New 9-1-96, Formerly
					 9B-52.004.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-38 - FLORIDA STANDARDS FOR RADON › Section 61-38.003 - Florida Standard for Radon-Resistant New Commercial Building Construction, Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida
				Standard for Radon-Resistant New Commercial Building Construction is herein
				incorporated by reference. The Department shall maintain the Florida Standard
				for Radon-Resistant New Commercial Building Construction.
(2) A copy of the above referenced Standard
				has been filed with these regulations with the Secretary of State. The Standard
				is also available for reference and inspection at the Department of Business
				and Professional Regulation, Office of Codes and Standards, 2601 Blairstone
				Road, Tallahassee, Florida 32399-0790.
Rulemaking Authority
					 553.98 FS. Law Implemented
					 553.98(2)
					 FS.
New 2-27-96, Formerly
					 9B-67.004.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-39 - FLORIDA BUILDING ENERGY RATING SYSTEM › Section 61-39.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.992 FS. Law Implemented
					 553.992,
					 553.995
					 FS.
New 7-1-94, Amended 1-11-95, 12-27-98, 11-28-04, 7-27-10,
					 Formerly 9B-60.002, Repealed
					 9-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-39 - FLORIDA BUILDING ENERGY RATING SYSTEM › Section 61-39.003 - Department Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.992,
					 553.998 FS. Law Implemented
					 553.992,
					 553.996
					 FS.
New 7-1-94, Amended 12-27-98, 11-28-04, 7-27-10, Formerly
					 9B-60.003, Repealed
					 9-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-39 - FLORIDA BUILDING ENERGY RATING SYSTEM › Section 61-39.004 - Florida Building Energy Rating System, Adopted (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.992 FS. Law Implemented
					 553.994,
					 553.995(1)
					 FS.
New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04,
					 7-27-10, Formerly 9B-60.004, Repealed
					 9-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-39 - FLORIDA BUILDING ENERGY RATING SYSTEM › Section 61-39.005 - Training and Certification Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.992 FS. Law Implemented
					 553.995(4)
					 FS.
New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04,
					 7-27-10, Formerly 9B-60.005, Repealed
					 9-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-39 - FLORIDA BUILDING ENERGY RATING SYSTEM › Section 61-39.007 - Florida Building Energy Rating System, Existing Public Buildings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.992 FS. Law Implemented
					 553.991,
					 553.993,
					 553.994,
					 553.995,
					 553.997,
					 553.998
					 FS.
New 7-21-94, Amended 12-27-98, 7-27-10, Formerly
					 9B-60.007, Repealed
					 9-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-39 - FLORIDA BUILDING ENERGY RATING SYSTEM › Section 61-39.008 - RESNET Standards, Adopted (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.992 FS. Law Implemented
					 553.995(1)(c)
					 FS.
New 12-27-98, Amended 11-28-04, 7-27-10, Formerly
					 9B-60.009, Repealed 9-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-40 - COLLECTION OF BUILDING PERMIT SURCHARGES › Section 61-40.003 - Building Permit Surcharge Collection and Remittance

Current through Reg. 50, No. 138; July 16, 2024
(1)
Remittance of the Operating Trust
				Fund Surcharge Fees
. All municipalities and counties that collect fees
				for the operating trust fund pursuant to Sections
				553.721 and
				468.631, F.S., shall remit and
				report those funds, less 10% to be retained by the collecting agency, to the
				Department of Business and Professional Regulation no later than 30 days after
				the calendar quarter. Reports shall be submitted using the Building Code
				Information System website located, as specifically related to surcharge
				collection, at
www.floridabuilding.org/sc/
sc_default.aspx.
(2)
Remittance of Surcharge Fees
. Remittance of the assessed surcharge
				fees pursuant to Sections
				553.721 and
				468.631, F.S., shall be
				submitted electronically using the Building Code Information System website
				located, as specifically related to surcharge collection, at
www.floridabuilding.org/sc/sc_default.aspx
.
Rulemaking Authority
					 455.203(5),
					 553.721 FS. Law Implemented
					 468.631,
					 553.721,
					 559.79
					 FS.
New 11-19-95, Amended 8-19-09, 1-12-11, Formerly
					 9B-62.003, Amended 10-10-17,
					 3-26-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.003 - Administration and Department Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Forms - The following forms are hereby
				adopted by reference for use in administering this part.
(a) FMBP 1-00 Manufacturer Application for
				State Approval, effective 10/1/05;
(b) FMBP 2-00 Agency Application for State
				Approval, effective 10/1/05;
(c)
				FMBP PS-1-00 School District Application, effective 10/1/05;
(d) FMBP 4-00 Agency Renewal Form, effective
				10/1/05;
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.004 - Adoption of Model Codes

Current through Reg. 50, No. 138; July 16, 2024
(1) Building Code -
				The design and fabrication of manufactured buildings and components shall
				comply with the requirements of the Florida Building Code as defined in Rule
				61G20-1.001, F.A.C., and adopted
				herein by reference.
(2) Florida
				Fire Prevention Code - Buildings designed and manufactured by these rules shall
				conform to the requirements of the Florida Fire Prevention Code, referenced in
				Sections 633.206 and
				633.208, F.S.
(3) A copy of the above referenced Florida
				Building Code has been filed with the Secretary of State. The Florida Building
				Code is also available for reference and inspection at the Department of
				Business and Professional Regulation, Building Codes and Standards Office or
				online at
www.floridabuilding.org
.
(4) The above shall not apply to any building
				exempted pursuant to Section 553.73, Part IV, F.S.
(5) Notwithstanding the above, the service
				connections and foundations prepared at the installation site shall be
				regulated by the local building official according to the Florida Building
				Code.
(6) Notwithstanding the
				foregoing provisions of this section, factory-built schools shall be subject to
				the following:
(a) Existing Buildings.
				Factory-built schools utilized as educational facilities prior to July 1, 2001,
				are hereby designated as existing buildings and shall comply with the
				requirements of Section 423, Florida Building Code.
(b) New Construction. Factory-built schools
				other than existing buildings shall be manufactured and installed as required
				by the Florida Building Code, including Section
				423.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.006 - Certification of Agencies

Current through Reg. 50, No. 138; July 16, 2024
(1) Individuals or
				entities who desire to perform plan review, inspection, or both plan review and
				inspection of manufactured buildings shall be certified by the department.
				Those inspectors and plans reviewers employed by entities to perform the
				delegated functions do not require individual certification as an agency to the
				extent that the delegated functions are performed within the scope of the
				individuals' regular course of employment. Individuals or entities performing
				delegated functions as an independent contractor for an Agency shall be
				individually certified.
(2)
				Application - The applicant shall submit a completed application (Form FMBP
				2-00) with application fee amount stated in the Schedule of Fees. The
				application shall contain the following information.
(a) Name, address, and phone number of the
				applicant. If the applicant is a corporation, the application shall identify
				the officers and directors of the corporation, as well as the identity of any
				shareholders that hold controlling ownership interest in the corporation. If
				the applicant is a partnership, the application shall identify each
				partner.
(b) Names and professional
				license types and numbers of all employees or contractors employed or otherwise
				utilized for inspections or plans review or both inspections and plans review
				within the State of Florida.
(c) A
				statement of independence which shall be signed by the individual, each of the
				partners of a partnership, or the chief operating officer of a corporation to
				be certified. The statement shall be notarized and dated within the twelve
				months immediately preceding its submission. The statement shall affirm that
				the Agency, any independent contractors utilized by the Agency and its
				employees are not owned, operated, or controlled by any manufacturer or
				dealer.
(d) An affirmation that the
				Agency shall comply with the Florida Manufactured Buildings Act and the rule
				Chapter 61-41, F.A.C.
(e) Proof of
				general liability insurance with minimum coverage limits of $1, 000, 000, which
				shall be renewed annually and posted on the Building Code Information System at
www.floridabuilding.org
.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.007 - Manufacturer Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				individuals or entities manufacturing buildings or components for installation
				in Florida must be certified by the Department. In the event that a
				manufacturer has more than one facility producing manufactured buildings, the
				manufacturer shall obtain certification for each such facility
				individually.
(2) Initial
				Certification Requirements - A manufacturer must submit to the Agency for
				validation to the Department the following for certification:
(a) Application Package - A completed
				application; application fee; certificate of product liability insurance with
				coverage not less than $1, 000, 000, which shall be renewed and posted on the
				Building Code Information System at
www.floridabuilding.org
annually; and a
				copy of a contract with a certified Agency for plan review and inspection
				services.
(b) Identification of
				principals which shall at a minimum include the positions of partners if the
				manufacturer is a partnership or its officers, directors, controlling owners
				and registered agent if the manufacturer is a corporation.
(c) Description of manufacturing facility
				including, at a minimum, the size of shed(s) for weather protection of building
				materials and buildings under construction or repair, the size of yard at the
				facility for storing buildings and a site plan of the facility.
(d) A Quality Control
				Manual.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.0095 - Component System

Current through Reg. 50, No. 138; July 16, 2024
(1) A manufacturer
				may prefabricate building components such as wall, floor, or roof panels in
				standardized sections that are closed construction and assembled in buildings.
				These components may be certified under the Florida Manufactured (Modular)
				Buildings Program.
(2) The
				applicable authority having jurisdiction is responsible for inspecting
				installation of components.
(3) The
				manufacturer shall submit documents and data providing complete information
				necessary for evaluation of the component's performance and capabilities for
				its intended use. Method of construction, calculations and test procedures
				shall be certified by a Florida registered architect or engineer and shall be
				as follows:
(a) Method of construction and
				detail drawings shall be submitted;
(b) Structural calculations in accordance
				with established principles of engineering design;
(c) When the component is such that
				calculations of their safe structural integrity or fire resistance cannot be
				accurately determined, tests shall be performed by a recognized testing
				organization. Test procedures and results shall be submitted;
(d) All components shall comply with the
				applicable building codes, rule Chapter 61G20-3, F.A.C., or Section
				553.8425,
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.010 - Manufacturer's Quality Control Manual Procedures

Current through Reg. 50, No. 138; July 16, 2024
The manufacturer's Quality Control Manual shall at a minimum
				  contain the following information.
(1)
				Organizational Element:
(a) Introduction of
				the manufacturer - a brief history which shall, at a minimum include where it
				is incorporated, whether it is a division of any parent organization, the
				identity of products it manufactures, and the location of the
				facility.
(b) An organizational
				chart showing responsible management and supervisory positions by title. A job
				description for each of the positions shall be provided.
(c) Brief qualifications of all personnel in
				management and supervisory positions including the Quality Control
				Manager.
(d) Administrative
				procedure for revision of Quality Control Manual.
(e) Procedure for retaining permanent records
				of plans, travelers, inspection reports, serial numbers of buildings, insignias
				used, first destination of labeled buildings or components in accordance with
				Chapter 19, F.S.
(f) Method and
				frequency of training of quality control and production
				personnel.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.011 - Alterations and Relocation

Current through Reg. 50, No. 138; July 16, 2024
(1) Alteration
				or Conversion. Any unauthorized modification, alteration, or conversion made to
				an approved manufactured building prior to installation shall void the insignia
				of approval. The insignia affixed to the building shall be confiscated by the
				inspection agency or the building official as authorized by the Department and
				returned to the Department.
(2) Off
				site modifications. Modifications made in an approved manufacturing facility
				shall require certification by the Department pursuant to this paragraph.
				Modifications made in other than an approved manufacturing facility are subject
				to the local authority having jurisdiction.
(a) In order to recertify a previously
				approved manufactured building, the owner must provide the Agency with a set of
				the original or as-built plans of the building reflecting the proposed
				modifications. When the Agency approves the plans to modify the building, the
				manufacturer is authorized to begin work on it. The Agency shall forward copies
				of the approved plans to the Department as provided in subsection
				61-41.009(7),
				F.A.C., for its records. Once the Agency has tested and/or evaluated each
				system in the building and certifies to the Department that the building is in
				compliance with the applicable codes, the Department will issue a
				recertification insignia to be affixed to the building. A building bearing a
				recertification insignia shall be deemed to comply with the requirements of all
				ordinances or regulations enacted by local governments which govern building
				construction.
(b) Manufactured
				buildings which bear an insignia of approval can be modified after the initial
				insignia is affixed in accordance with the provisions of this chapter. Only
				that portion of the building being modified is required to comply with the
				current codes while the portion not being modified must comply with the
				original plans. The requirements and procedures for obtaining an initial
				insignia, including the fee schedule established in Rule
				61-41.020, F.A.C., shall apply
				to recertified buildings.
(c) In
				order to certify a manufactured building for which no state insignia has been
				issued, the agency must require a complete set of as-built plans prepared and
				sealed by a Florida professional engineer or architect. Under this subsection
				the entire building must be brought into compliance with the applicable codes.
				The agency shall forward a copy of the approved plans to the Department for its
				review and records. Once the agency has tested and/or evaluated each system in
				the building and certifies to the Department that the building is in compliance
				with the applicable codes the Department will issue an insignia to be affixed
				to the building.