reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.001 - Examination of Financial Records: Verification of Compliance

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance with Sections
				468.525(3)(d)
				and 468.535, F.S., the department
				may make investigations, audits, or reviews of each individual or company
				licensed pursuant to Section
				468.526(1),
				F.S., to determine whether it has violated or is in danger of violating Chapter
				468, Part XI, F.S.; Chapter 455, F.S.; or any rule of the board or department.
				In order for the Board to determine that each employee leasing company has
				maintained net worth and positive working capital, each employee leasing
				company shall submit quarterly reports. The reports shall be made on Board Form
				DBPR EL-4504, Quarterly Report Form, effective 10/2019, incorporated herein by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11321
.
				All required submissions, as set forth below, shall be made in furtherance of a
				licensure renewal application and shall be submitted to the department within
				75 days of the end of each quarter.
(a) The
				first and third quarterly reports shall include a balance sheet and income
				statement demonstrating that the employee leasing company has adequate reserves
				to pay, when due, all payroll and payroll-related taxes, workers' compensation
				and health related premiums, and amounts due under any plan or self-insurance.
				A copy of the company's workers' compensation certificate of insurance in
				effect for the applicable quarter shall be submitted.
(b) For the second and the fourth quarterly
				reports, no balance sheet or income statement shall be submitted; however, a
				copy of the company's workers' compensation certificate of insurance in effect
				for the applicable quarter shall be submitted with the report. The department
				will accept a timely filed annual financial report along with a copy of the
				company's workers' compensation certificate of insurance in effect for the
				applicable quarter in lieu of a quarterly report for the last quarter in an
				employee leasing company's fiscal year.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.0011 - Annual Financial Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				employee leasing company shall submit, not later than 120 days after their
				fiscal year end, a copy of their current fiscal year end financial statements,
				prepared in accordance with generally accepted accounting principles, which
				shall include statement of income and retained earnings, balance sheet,
				statement of changes in financial position (cash flows), and applicable
				footnotes. This information may be submitted on the Board Form DBPR EL-4506,
				Standard Financial Statement, effective 5/2011, incorporated herein by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09036
,
				or in equivalent format. The financial statements are to reflect positive
				working capital and positive accounting net worth, as required in Section
				468.525(3),
				F.S. Quarterly financial statements must be accompanied by a completed Board
				Form DBPR EL-4503, as required by Rule
				61G7-5.003, F.A.C.
(2) If an employee leasing company's annual
				financial report or quarterly report fails to evidence positive working capital
				or accounting net worth as required by Section
				468.525(3)(d),
				F.S., the deficiencies shall be deemed to be cured if, at the time that the
				annual or quarterly reports are due, the licensee files additional information
				evidencing action taken subsequent to the period covered by the required
				reports which shows that the licensee's current financial status is in
				compliance with the provisions of the statute.
(3) In the case of audited or reviewed annual
				financial statements, the information must take the form of a subsequent events
				note to the audit or review report issued by the independent CPA which shows
				that the licensee has corrected any statutory financial deficiencies that
				existed in the financial statements as of the audit or review date.
(4) In the case of quarterly reports, the
				licensee may:
(a) Submit a guaranty or letter
				of credit as provided by Rule
				61G7-5.005, F.A.C., which shows
				that licensee has access to sufficient funds to offset any statutory financial
				deficiencies that existed in the quarterly statements, or
(b) Submit a financial statement for the
				licensee reflecting the re-mediation accompanied by a narrative signed by a
				controlling person of the licensee outlining the reasons for the deficiencies
				and setting forth the licensee's plan to prevent such deficiencies in the
				future.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.0012 - Workers' Compensation Liability Statement

Current through Reg. 50, No. 138; July 16, 2024
Each audited or reviewed financial statement submitted to the
				  Board pursuant to Section
				  468.525(3)(e),
				  F.S., and Rules 61G7-5.0031 and
				  61G7-5.0032, F.A.C., shall
				  include a statement, signed by the chief executive officer (CEO) and chief
				  financial officer (CFO) of the employee leasing company using Board Form
				  DBPR-4516, Workers' Compensation Liability Statement, effective 5/2011,
				  incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09037
.
Rulemaking Authority
					 468.522,
					 468.524(2),
					 468.525(3) FS.
					 Law Implemented 468.525(3)(e),
					 468.529
					 FS.
New 1-17-99, Amended 8-1-11,
					 1-24-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.0013 - Notification of Initiation or Termination of Contractual Relationship (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.522 FS. Law Implemented
					 468.529(3)
					 FS.
New 7-20-92, Formerly 21EE-6.005, Amended 10-19-94,
					 Formerly 61G7-6.005, Amended 7-30-03, 3-1-05, Repealed
					 10-29-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.0014 - Requirements for Evidence of Workers' Compensation Coverage

Current through Reg. 50, No. 138; July 16, 2024
(1) All applicants for licensure and
				licensees seeking renewal of their licenses are required to file with the Board
				evidence of workers' compensation coverage for all leased employees in this
				state. In addition, all applicants for licensure and licensees seeking renewal
				of their licenses are required to submit evidence to the Board that all of the
				employee leasing company's obligations concerning payment of workers'
				compensation insurance premiums for leased employees have been fulfilled. This
				evidence is intended to confirm that the applicant for licensure will and the
				licensee has met its responsibility to provide workers' compensation coverage
				pursuant to Chapter 440, F.S.
(2)
				Applicants for licensure and licensees seeking renewal of their licenses will
				meet this reporting requirement if they submit evidence that their leased
				employees are covered by any one of the following methods or any combination
				thereof:
(a) Through a contractual
				relationship with an insurance carrier that is admitted in the State of Florida
				to provide workers' compensation coverage to leased employees;
(b) Through a lawful plan of self-insurance
				which provides workers' compensation coverage; or
(c) Through the clients of the employee
				leasing company via an insurance carrier that is admitted in the State of
				Florida to provide workers' compensation coverage to leased employees or
				through a lawful plan of self-insurance which provides workers' compensation to
				leased employees so long as such an arrangement is permitted by the Board
				approved employee leasing contract and the employee leasing company is named as
				a certificate holder by the client on its workers' compensation policy and, in
				addition, so long as the employee leasing company's notice to leased employees,
				required under Section
				468.525(4)(f),
				F.S., includes notice to the leased employee that workers' compensation
				coverage has been provided by the client. Nothing contained herein shall be
				construed as permitting a client of an employee leasing company to provide
				workers' compensation coverage to any employees other than those leased from
				the employee leasing company by the client pursuant to a Board approved
				employee leasing contract between the employee leasing company and the
				client.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.0015 - Alternative Reporting Compliance by Accredited Employee Leasing Companies

Current through Reg. 50, No. 138; July 16, 2024
An employee leasing company (referenced in this rule "an
				  authorizing employee leasing company") may satisfy the requirements of its
				  quarterly and annual filing obligations as set forth in Rules
				  61G7-10.001 and
				  61G7-10.0011, F.A.C., by being
				  accredited in good standing by the Employer Services Assurance Corporation
				  (ESAC), and by authorizing ESAC to provide the Department, on the licensee's
				  behalf, certification of compliance and electronic access to information
				  provided to ESAC by the licensee that is consistent with the reporting
				  requirements of Rules
				  61G7-10.001 and
				  61G7-10.0011, F.A.C., and is
				  consistent with the requirements of Section
				  668.50, F.S., (the Florida
				  Uniform Electronic Transactions Act). Should ESAC determine that any filing
				  made with ESAC by any authorizing employee leasing company does not meet any
				  requirement of Chapter 468, Part XI, F.S. or the rules promulgated thereto,
				  such authorizing employee leasing company shall have on file with ESAC an
				  authorization for ESAC to disclose to the Board and the Department all
				  information in ESAC's possession pertinent to the failure to meet the
				  applicable requirement, and ESAC shall disclose such information to the Board
				  and the Department within five (5) working days of ESAC's determination of such
				  failure. Such information disclosed by ESAC to the Board and the Department
				  shall remain confidential in accordance with Section
				  455.229(1),
				  F.S. Additionally, should an employee leasing company lose its accredited in
				  good standing status with ESAC, within five (5) working days of the loss of
				  such status, both ESAC and the employee leasing company shall notify the board
				  in writing of the loss of such. Nothing in this rule shall limit or change the
				  Board or Department's authority to license, ensure compliance with statutory or
				  rule requirements applicable to an employee leasing company, terminate
				  licensing of an employee leasing company or to investigate or enforce any
				  provision of Part XI of Chapter 468, F.S. or the rules promulgated pursuant
				  thereto.
Rulemaking Authority
					 468.522,
					 468.529(4) FS.
					 Law Implemented 468.525(3)
					 FS.
New 11-19-14, Amended
					 5-29-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.002 - Reporting of Change of Status Required; Effect on Licensees; Change of Licensee Name

Current through Reg. 50, No. 138; July 16, 2024
(1) To enable the
				Board and the Department to enforce more effectively the prohibition against
				the unlicensed practice of employee leasing, contained in Section
				468.526, F.S., and to enforce
				other provisions of Part XI of Chapter 468, F.S., licensees shall apply for
				approval or notify the Board in writing, as appropriate, if the licensee
				experiences any changes in status listed in subsection (2). The following forms
				are to be used as indicated:
(a) Department
				Form DBPR ELC 1, Application for Licensure as an Employee Leasing Company
				Controlling Person, incorporated by Rule
				61-35.013, F.A.C.
(b) Department Form DBPR ELC 2, Application
				for Licensure as an Employee Leasing Company, incorporated by Rule
				61-35.013, F.A.C.
(c) Department Form DBPR ELC 3, Application
				for Licensure as an Employee Leasing Company Group, incorporated by Rule
				61-35.013, F.A.C.
(d) Department Form DBPR ELC 6, Application
				for Certificate of Approval for/Notification of Change of Ownership (Asset
				Purchase), incorporated by Rule
				61-35.013, F.A.C.
(e) Department Form DBPR ELC 7, Application
				for Certificate of Approval for/Notification of Change of Ownership (Stock
				Purchase), adopted by Rule
				61-35.013, F.A.C.
(f) Department Form DBPR ELC 8, Request for
				Address or Name Change, adopted by Rule
				61-35.013, F.A.C.
(g) Board Form DBPR EL-4512, Historical
				Sketch, effective 11/2012, incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09959
.
(h) Board Form DBPR EL-4514, Termination of
				Employee Leasing Company Operations, effective 08/2022, incorporated herein by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14991
.
(i) Board Form DBPR EL-4518, Board Approved
				Cross Guarantee Form, effective 11/18/15, incorporated herein by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06416
.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-10 - REPORTING REQUIREMENTS › Section 61G7-10.003 - On-Site Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) In aid of
				its obligation under Section
				468.535, F.S., to investigate,
				audit, or review all licenses to determine if such licenses are in compliance
				with or are in violation of the provisions of Section
				468.525(3)(d),
				F.S., the Department may initiate on-site inspections of licensees and perform
				audits of the same.
(2) The
				Department may also conduct random site checks to make sure employee leasing
				companies are in compliance with Section
				468.530, F.S., as it relates to
				licensing and postings.
(3) Nothing
				contained herein will be construed as precluding the Department from initiating
				a full field investigation if it has reasonable cause to believe that the
				reports submitted do not accurately reflect the true financial state of the
				licensee.
Rulemaking Authority
					 468.522 FS. Law Implemented
					 468.525(3)(d),
					 468.535
					 FS.
New 5-21-00, Amended 3-1-05,
					 1-2-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-11 - ADVERTISING › Section 61G7-11.001 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) The term "advertisements" as used in
				Section 468.530(4),
				F.S., shall mean any of the following when paid for or produced by or for an
				employee leasing company, employee leasing company group or controlling person:
(a) All phone directory listings, with the
				exception of non-highlighted, non-emphasized and non-segregated listings only
				of the licensee's name, address and telephone number, which are informational
				only and do not require the license number;
(b) Airware transmissions;
(c) Handbills;
(d) All billboards;
(e) Shopping and service guides (including
				coupon offerings);
(f) Magazine
				advertisements (including trade association publications);
(g) Classified advertisements (not to include
				advertisements for employment);
(h)
				Promotional materials such as video tapes, flyers, brochures.
(i) Any employee leasing company official
				website.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-12 - MISCELLANEOUS CONTRACTUAL REQUIREMENTS › Section 61G7-12.001 - Contractual Requirements

Current through Reg. 50, No. 138; July 16, 2024
In order to meet the requirements of Section
				  468.525(4),
				  F.S., the employee leasing company's contractual arrangement with its client
				  must provide for the right of both the employee leasing company and its assigns
				  to conduct an annual onsite physical examination of the client who is or was
				  subject to an applicable employee leasing contractual relationship. The purpose
				  of this examination is to aid in the determination of proper workers'
				  compensation classifications of leased employees and to aid in the
				  determination of payroll amounts paid to such leased employees. Such
				  examination shall allow for both the employee leasing company and its assigns
				  to conduct audits of the client for the purposes set forth above to the extent
				  set forth in Section 440.381, F.S., and the rules
				  promulgated thereto by the Department of Financial Services, Division of
				  Workers' Compensation.
Rulemaking Authority
					 468.522 FS. Law Implemented
					 468.525(4)
					 FS.
New 11-8-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-23 - DIRECT DISPOSER - EXAMINATION AND APPLICATION › Section 61G8-23.003 - Disciplinary Actions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 470.017 FS. Law Implemented
					 470.017,
					 455.225,
					 455.227
					 FS.
New 2-13-80, Formerly 21J-23.03, 21J-23.003, Amended
					 11-17-99, Repealed pursuant to Section
					 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-26 - FOREIGN LICENSURE EXAMINATION › Section 61G8-26.001 - Applicants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 470.005,
					 455.217,
					 455.11(3) FS.
					 Law Implemented 470.005,
					 455.217,
					 455.11(3)
					 FS.
New 6-3-81, Formerly 21J-26.01, 21J-26.001, Repealed
					 pursuant to Section 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-26 - FOREIGN LICENSURE EXAMINATION › Section 61G8-26.002 - Qualifications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 470.005,
					 455.217,
					 455.11(3) FS.
					 Law Implemented 470.005,
					 455.217,
					 455.11(3)
					 FS.
New 6-3-81, Amended 7-2-85, Formerly 21J-26.02, 21J-26.002,
					 Amended 6-14-00, Repealed pursuant to Section
					 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-26 - FOREIGN LICENSURE EXAMINATION › Section 61G8-26.003 - Examination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 470.005,
					 455.217,
					 455.11 FS. Law Implemented
					 470.005,
					 455.217,
					 455.11
					 FS.
New 6-3-81, Formerly 21J-26.03, 21J-26.003, Repealed
					 pursuant to Section 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-26 - FOREIGN LICENSURE EXAMINATION › Section 61G8-26.004 - Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 470.005,
					 455.217,
					 455.11(3) FS.
					 Law Implemented 470.005,
					 455.217,
					 455.11(3)
					 FS.
New 6-3-81, Formerly 21J-26.04, 21J-26.004, Repealed
					 pursuant to Section 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-26 - FOREIGN LICENSURE EXAMINATION › Section 61G8-26.005 - Reexamination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 470.005,
					 455.217,
					 455.11(3) FS.
					 Law Implemented 470.005,
					 455.217,
					 455.11(3)
					 FS.
New 6-3-81, Formerly 21J-26.05, 21J-26.005, Repealed
					 pursuant to Section 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G8 - Board of Funeral Directors and Embalmers › Chapter 61G8-30 - DISCIPLINE › Section 61G8-30.004 - Mediation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.2235 FS., as amended by
					 Chapter 94-119, Laws of Florida. Law Implemented
					 455.2235 FS., as amended by
					 Chapter 94-119, Laws of Florida.
New 1-8-95, Repealed pursuant to Section
					 120.555, FS.,
					 9-4-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-10 - DEFINITIONS AND PUBLIC COMMENT › Section 61G10-10.012 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of section
				455.207(4),
				F.S. The Board defines "other business involving the board" as,
(a) all regularly scheduled meetings of Board
				committees, and
(b) whenever a
				board member has been requested by the Secretary or the Department staff to
				participate in a meeting.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-10 - DEFINITIONS AND PUBLIC COMMENT › Section 61G10-10.014 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Landscape Architecture invites and encourages
				  all members of the public to provide comment on matters or propositions before
				  the Board or a committee of the Board. The opportunity to provide comment shall
				  be subject to the following:
(1)
				Members of the public will be given an opportunity to provide comment on
				subject matters before the Board after an agenda item is introduced at a
				properly noticed board meeting.
(2)
				Members of the public shall be limited to five (5) minutes to provide comment.
				This time shall not include time spent by the presenter responding to questions
				posed by Board members, staff or board counsel. The chair of the Board may
				extend the time to provide comment if time permits.
(3) Members of the public shall notify board
				staff in writing of their interest to be heard on a proposition or matter
				before the Board. The notification shall identify the person or entity,
				indicate support, opposition, or neutrality, and identify who will speak on
				behalf of a group or faction of persons consisting of three (3) or more
				persons.
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 4-8-14, Formerly
					 61G10-11.018.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.001 - Examination for Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				approves the Landscape Architect Registration Examination (LARE) developed and
				administered by the Council of Landscape Architectural Registration Boards and
				specifies that it will be the licensing examination. The Department shall
				develop and administer the examination on plant materials and specialized
				aspects of practice in Florida, including laws and regulations.
(2) The Board adopts the passing score for
				the LARE as determined by the Council of Landscape Architectural Boards
				(CLARB). Seventy-five is the passing score on the laws and regulations
				examination.
Rulemaking Authority
					 481.306 FS. Law Implemented
					 481.309
					 FS.
New 2-4-80, Amended 5-18-81, 10-13-81, 2-6-83, Formerly
					 21K-11.01, Amended 5-29-86, 5-31-87, 1-10-88, 2-13-92, Formerly 21K-11.001,
					 Amended 7-27-98, 10-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.002 - Reexamination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.217(2) FS.
					 Law Implemented 455.217(2)
					 FS.
New 2-4-80, Amended 11-1-83, Formerly 21K-11.02, Amended
					 2-13-92, Formerly 21K-11.002, Repealed
					 1-12-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.003 - Examination Review Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.217(2),
					 481.306 FS. Law Implemented
					 455.217(2)
					 FS.
New 2-4-80, Amended 6-20-85, Formerly 21K-11.03, Amended
					 3-13-89, 5-30-91, Formerly 21K-11.003, Repealed
					 2-4-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.0035 - Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.02(2) FS.
					 Law Implemented 455.02(2)
					 FS.
New 8-10-04, Repealed
					 2-4-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.010 - Seals

Current through Reg. 50, No. 138; July 16, 2024
(1) Each registered landscape architect who
				holds a valid certificate of registration shall obtain a seal which shall
				include the words "STATE OF FLORIDA, " "LANDSCAPE ARCHITECT, " and the
				licensee's name as it appears on his or her certificate of registration, as
				well as the certificate number. The seal shall be capable of leaving a
				permanent ink representation or other form of embossing or opaque and permanent
				impression, which also may be computer-generated impressions, on the surface of
				prints or other duplications of drawings and, as appropriate, upon
				specification pages and other articles of service. Where required, electronic
				files shall be sealed in accordance with rule
				61G10-11.011, F.A.C.
(2) All plans, specifications, or reports,
				including all permit documents, prepared or issued by the registered landscape
				architect and filed for public record shall be signed by the registered
				landscape architect, dated and stamped with his seal. A registered landscape
				architect may sign and seal an index sheet or sheets which identify each
				individual work for which the signature and seal of a registered landscape
				architect is required, rather than signing and sealing each individual work. No
				registered landscape architect shall affix, or permit to be affixed, his seal
				or signature to any work the registrant is not competent to perform. The
				signature, date and seal constitute evidence of the authenticity of the
				document to which they are affixed.
(3) A registered landscape architect shall
				not affix, or permit to be affixed, his seal or signature to any work unless at
				the time the seal is affixed, the registrant holds a valid certificate of
				registration.
Rulemaking Authority
					 481.306 FS. Law Implemented
					 481.321
					 FS.
New 3-13-89, Formerly 21K-11.010, Amended 1-18-98, 1-2-00,
					 1-12-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.011 - Electronic Transmission of Plans, Specifications, Reports, and Seals

Current through Reg. 50, No. 138; July 16, 2024
(1) Landscape architecture work, which must
				be sealed under provisions of Chapter 481, F.S., to be stored or transmitted in
				electronic format, shall be signed, dated, and sealed by the Landscape
				Architect.
(2) A license holder may
				use a computer generated representation of his or her seal on electronically
				conveyed work; however the final hard copy documents of such landscape
				architecture work must contain an original signature of the license holder and
				date or the documents must be accompanied by an electronic signature as
				described in this section. A scanned image of an original signature shall not
				be used in lieu of an original signature or electronic signature. Landscape
				architecture work that contains a computer generated seal shall be accompanied
				by the following text or similar wording: "The seal appearing on this document
				was authorized by [Example: Leslie H. Doe, L.A. 0112 on (date)]" unless
				accompanied by an electronic signature as described in this section.
(3) An electronic signature is a digital
				authentication process attached to or logically associated with an electronic
				document and shall carry the same weight, authority, and effect as an original
				signature. The electronic signature, which can be generated by using either
				public key infrastructure or signature dynamics technology, must be as follows:
(a) Unique to the person using it;
(b) Capable of verification;
(c) Under the sole control of the person
				using it;
(d) Linked to a document
				in such a manner that the electronic signature is invalidated if any data in
				the document are changed.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-11 - LICENSURE › Section 61G10-11.018 - Public Comment (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 4-8-14, Transferred to
					 61G10-10.014.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-12 - FEE SCHEDULE › Section 61G10-12.001 - Application and Examination Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				examination application fee shall be one hundred dollars ($100.00), payable to
				the Department.
(2) The examination
				fee for the Florida Section is three hundred dollars ($300.00), of which two
				hundred and sixty-seven dollars ($267.00) is payable to the Department and is
				due at the time of application, and thirty-three dollars ($33.00) is payable to
				the Department's contracted testing service and is due at the time of the
				testing.
(3) When conducted by a
				professional testing service, applicants retaking the Florida Section shall
				only pay the fee payable to the testing service.
(4) Notwithstanding (1) above, the
				examination application fee shall be waived for any applicant applying for and
				taking the examination within 24 months of completion of the professional
				degree pursuant to Section 481.309(1)(b)1., F.S.
(5) This rule shall be reviewed, and if
				necessary, repealed, modified or renewed through the rulemaking process five
				years from the effective date.
Rulemaking Authority
					 481.306,
					 481.307 FS. Law Implemented
					 455.217(7),
					 481.307
					 FS.
New 2-4-80, Amended 3-9-84, 7-26-84, Formerly 21K-12.01,
					 Amended 10-7-87, 11-12-89, 3-11-91, Formerly 21K-12.001, Amended 8-7-95,
					 1-13-99, 8-16-99, 8-27-00, 8-21-05, 4-13-08, 3-15-12, 3-10-14, 7-6-16, 10-1-19,
					 9-22-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-12 - FEE SCHEDULE › Section 61G10-12.002 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The application fee for licensure by
				endorsement shall be one hundred and fifty dollars ($150.00).
(2) The fee for initial licensure is one
				hundred and twelve dollars and fifty cents ($112.50).
(3) The fee for biennial renewal of a
				certificate of registration shall be two hundred twenty-five dollars
				($225.00).
(4) The fee for renewing
				an inactive license shall be fifty dollars ($50.00).
(5) The application fee for a temporary
				license shall be four hundred and fifty dollars ($450.00).
(6) There shall be a five dollar ($5.00) fee
				collected by the Department upon initial licensure and licensure renewal for
				the purpose of combating unlicensed activity.
(7) The delinquency fee shall be one
				twenty-five dollars ($25.00).
(8) A
				processing fee of fifty dollars ($50.00) will be charged when a licensee
				changes status at any time during the biennium, other than the normal biennial
				renewal period.
(9) The application
				fee for reinstatement of a null and void license is
				$450.00.
Rulemaking Authority
					 455.219(1),
					 455.271,
					 481.306,
					 481.307 FS. Law Implemented
					 455.219(1),
					 455.271,
					 481.307,
					 481.303
					 FS.
New 2-4-80, Formerly 21K-12.02, Amended 8-19-86, 11-12-89,
					 2-13-92, Formerly 21K-12.002, Amended 5-3-99, 4-3-06, 11-27-14, 11-6-17,
					 11-27-18, 10-1-19, 3-14-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-13 - INACTIVE/VOID STATUS › Section 61G10-13.003 - Continuing Education Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The continuing education requirements for reactivating an inactive license are
				eight (8) instructional hours for each year the license was inactive but shall
				not exceed sixteen (16) instructional hours.
(2) Only those continuing education hours
				earned at continuing education courses approved pursuant to rule chapter
				61G10-18, F.A.C., and offered by providers also approved pursuant to rule
				chapter 61G10-18, F.A.C., will be accepted.
Rulemaking Authority
					 481.315(2) FS.
					 Law Implemented 481.315(2)
					 FS.
New 2-4-80, Formerly 21K-13.03, 21K-13.003, Amended
					 9-20-01, 1-27-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-13 - INACTIVE/VOID STATUS › Section 61G10-13.004 - Renewal and Reactivation of Fees

Current through Reg. 50, No. 138; July 16, 2024
The fee for renewal of an inactive license shall be fifty
				  dollars. The fee for reactivation of an inactive license shall be fifty dollars
				  in addition to the biennial renewal fee.
Rulemaking Authority
					 481.315 FS. Law Implemented
					 481.315
					 FS.
New 6-21-84, Formerly 21K-13.04,
					 21K-13.004.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-13 - INACTIVE/VOID STATUS › Section 61G10-13.005 - Obtaining Inactive Status

Current through Reg. 50, No. 138; July 16, 2024
(1) A license to
				practice landscape architecture which is not renewed before the license expires
				shall automatically revert to delinquent status for the next licensure
				cycle.
(2) A registered landscape
				architect may apply to the Department to reactivate or place the license on
				inactive status at any time.
(3)
				Pursuant to section 481.325(1)(i),
				F.S., it is unlawful to practice landscape architecture with an inactive
				license.
Rulemaking Authority
					 481.306,
					 481.315(2),
					 455.271(2), (5)
					 FS. Law Implemented 481.315(2),
					 455.271(2), (5)
					 FS.
New 3-13-89, Formerly 21K-13.005, Amended 11-19-00,
					 9-20-01, 1-9-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-13 - INACTIVE/VOID STATUS › Section 61G10-13.007 - Reactivation of Inactive License

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				inactive licensee may change to active status at any time, provided the
				licensee meets all the requirements for active status.
(2) A license which has become inactive may
				be reactivated upon application to the Department and demonstration of
				compliance with the following conditions:
(a)
				Payment of the reactivation fee specified in rule
				61G10-12.002, F.A.C.
(b) Proof of completion of continuing
				education which fulfills the requirements of rule
				61G10-13.003,
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-13 - INACTIVE/VOID STATUS › Section 61G10-13.008 - Delinquent License Status

Current through Reg. 50, No. 138; July 16, 2024
(1) The failure
				of a licensee to elect active or inactive status before the renewal period ends
				shall cause the license to become delinquent as soon as the new biennium
				begins.
(2) The delinquent status
				licensee must apply for active or inactive status during the biennium in which
				the license becomes delinquent. Failure to notify the Department in regards to
				active or inactive status before the expiration of that biennium shall render
				the license null and void without further action by the Board or the
				Department.
(3) The delinquent
				status licensee who applies for active or inactive status shall:
(a) Pay the active status fee prescribed by
				subsection 61G10-12.002(1),
				F.A.C., or the inactive status fee prescribed by subsection
				61G10-12.002(7),
				F.A.C., the delinquent status fee prescribed by subsection
				61G10-12.002(10),
				F.A.C., and if applicable, the processing fee prescribed by subsection
				61G10-12.002(11),
				F.A.C.; and
(b) Demonstrate
				compliance with the continuing education requirements prescribed by rule
				61G10-13.003, F.A.C., and
				section 455.2177, F.S., and the rules
				promulgated thereunder.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-13 - INACTIVE/VOID STATUS › Section 61G10-13.009 - Reinstatement of Void Licenses

Current through Reg. 50, No. 138; July 16, 2024
To reactivate a license that became void for reasons other
				  than illness or hardship, the applicant shall complete Form DBPR LA 5,
				  incorporated by reference in Rule
				  61-35.017, F.A.C., and submit it
				  to the Department at the address on the Form.
Rulemaking Authority
					 455.271(6)(a),
					 481.306 FS. Law Implemented
					 455.271(6)(a)
					 FS.
New 10-28-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-14 - DISCIPLINARY MATTERS › Section 61G10-14.001 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
The determination as to whether probable cause exists to
				  believe that a violation of the provisions of Chapters 455 and 481, Part II,
				  F.S., or of the rules promulgated thereunder, shall be made by a probable cause
				  panel. The panel shall be composed of two persons appointed by the chairman.
				  One appointee must be a current board member. The panel must include a former
				  or current professional board member. An appointee may be a former board
				  member.
Rulemaking Authority
					 455.225(4) FS.
					 Law Implemented 455.225(4)
					 FS.
New 2-4-80, Amended 7-9-85, Formerly 21K-14.01, 21K-14.001,
					 Amended 4-19-09.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-14 - DISCIPLINARY MATTERS › Section 61G10-14.002 - Criteria for Selection of Investigators (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203(8),
					 481.306 FS. Law Implemented
					 455.203(8)
					 FS.
New 5-23-82, Formerly 21K-14.02, 21K-14.002, Repealed
					 12-2-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-14 - DISCIPLINARY MATTERS › Section 61G10-14.003 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				lists the range of penalties to be imposed on licensees who violate the
				provisions of Chapters 455 and 481, Part II, F.S., and associated rules. The
				violation is identified by the statutory or rule citation and, in most cases, a
				summary of the statute or rule. The actual statute or rule shall be consulted
				for the full text and range of prohibited conduct. The Board shall impose
				penalties from the penalty range provided for each first violation or
				subsequent violation, whichever applies.
(2) When warranted by the nature of the
				violation, any number of the following conditions are available to be imposed
				as part of probation:
(a) Continuing
				education;
(b) Submission of design
				plans for review by a landscape architect;
(c) Review of design plans predating the
				violation;
(d) Working under the
				supervision of a landscape architect;
(e) Limitation on the types of projects that
				can be undertaken;
(f) One or more
				appearances before the Board;
(g)
				Limitations on advertising;
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-14 - DISCIPLINARY MATTERS › Section 61G10-14.004 - Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) Subject to the
				limitations imposed by this rule, the following violations are designated as
				minor for the purposes of Section
				455.225(3),
				F.S.
(a) Violation of Section 481.325(1)(i)
				by practicing on an inactive license provided such license is reactivated
				within two months of its expiration.
(b) Violation of Rule
				61G10-15.003, F.A.C., so long as
				there is no allegation of consumer injury as a result of the violation and the
				advertisement which is in violation is capable of being withdrawn from
				circulation to the public within 15 days of issuance of the notice of
				nomcompliance.
(c) Violation of
				subsections 61G10-11.010(1)
				-(2), F.A.C., providing that any violation is rectified within 15 days of the
				issuance of the notice of noncompliance.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-14 - DISCIPLINARY MATTERS › Section 61G10-14.005 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) The offenses enumerated in this rule may
				be disciplined by the issuance of a citation by the Department of Business and
				Professional Regulation as provided in Section
				455.224, F.S. The citation shall
				impose a fine of $500.00 and the Department may impose the costs of
				investigation. If the citation option is accepted by the licensee, the offense
				will not be brought to the attention of the probable cause panel of the Board.
				The citation and fine option is available only to first time offenders, and no
				citation may be issued if more than one offense can be charged in the
				case.
(2) The offenses which may be
				subject to citation are as follows:
(a) False,
				deceptive or misleading advertising in violation of Section
				481.325(1)(f),
				F.S., or Rule 61G10-14.003, F.A.C., so long as
				the landscape architect has received no compensation for service sought by a
				client as a result of the advertising.
(b) Violation of Section
				481.325(1)(i),
				F.S., by practicing on an inactive license provided such license is reactivated
				within two months of its expiration.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-14 - DISCIPLINARY MATTERS › Section 61G10-14.006 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  455.2235, F.S., the Board
				  designates the following areas as appropriate for mediation;
(1) Violation of Section
				481.325(1)(i),
				F.S., by practicing on an inactive license. Mediation is appropriate only for a
				first offense.
(2) False, deceptive
				or misleading advertising in violation of Section
				481.325(1)(f),
				F.S., or Rule 61G10-14.003, F.A.C., so long as
				the landscape architect has received no compensation for service sought by a
				client as a result of the advertising. Mediation is appropriate only for a
				first offense.
Rulemaking Authority
					 455.2235 FS. Law Implemented
					 455.2235
					 FS.
New 2-13-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-15 - SCOPE OF PRACTICE › Section 61G10-15.001 - Practice of Landscape Architecture

Current through Reg. 50, No. 138; July 16, 2024
The practice of landscape architecture may include the
				  following:
(1) Consultation, research,
				analysis and assessment, selection and allocation of land and water
				resources;
(2) Formulation of
				graphic and written criteria to govern the planning and design of land
				construction and development plans pertinent to the practice of landscape
				architecture, including:
(a) The preparation,
				review and analysis of master and site plans, and the review and analysis of
				subdivision and land development plans;
(b) Reconnaissance, planning, design and
				preparation of drawings, construction documents and specifications, and
				responsible construction supervision;
(c) The preparation and submittal of
				stormwater management plans and permit applications, environmental plans and
				permit applications, and environmental mitigation plans consistent with
				applicable laws, rules and regulations;
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G10 - Board of Landscape Architecture › Chapter 61G10-15 - SCOPE OF PRACTICE › Section 61G10-15.002 - Tangible Objects and Features

Current through Reg. 50, No. 138; July 16, 2024
The following tangible objects and features as used in
				  Section 481.303(6)(d),
				  F.S., have been deemed by the Board to be necessary to the purpose outlined in
				  Part II, Chapter 481, F.S.:
(1) Steps
				and ramps
(2) Fountains and
				pools
(3) Fences, screens, dividers
				and walls
(4) Overhead structures
				(i.e. trellis)
(5) Decks
(6) Retaining walls
(7) Play equipment
(8) Benches and planters
(9) Drainage structures
(10) Lighting
(11) Pavement
(12) Curbs
(13) Planting
(14) Site furnishings
Rulemaking Authority
					 481.306 FS. Law Implemented
					 481.303(4)(d)
					 FS.
New 12-6-89, Formerly
					 21K-15.002.