reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-9 - CONTINUING EDUCATION › Section 61G6-9.0105 - Proof of Completion by Certification Holders and Registrants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.507(3),
					 489.509,
					 489.517 FS. Law Implemented
					 489.517
					 FS.
New 9-23-99, Repealed
					 1-19-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-9 - CONTINUING EDUCATION › Section 61G6-9.012 - Advertising of Continuing Education Courses (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.507(3) FS.
					 Law Implemented 455.2179,
					 489.517(3)
					 FS.
New 11-30-94, Amended 11-9-00, Repealed
					 4-30-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-9 - CONTINUING EDUCATION › Section 61G6-9.013 - Continuing Education Courses Required by Disciplinary Action (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.507(3) FS.
					 Law Implemented 489.517(3)
					 FS.
New 11-30-94, Repealed
					 12-26-11.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-9 - CONTINUING EDUCATION › Section 61G6-9.014 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The fee for registering each continuing
				education provider shall be one hundred and ninety-six dollars
				($196.00).
(2) The fee for
				reviewing each continuing education course approval application shall be
				twenty-five ($25.00) per credit hour, not to exceed one hundred dollars
				($100.00) per course.
Rulemaking Authority
					 455.2179(3),
					 (4),
					 489.507(3),
					 489.509 FS. Law Implemented
					 455.219(3),
					 489.517(3),
					 455.2179(3),
					 489.509
					 FS.
New 11-30-94, Amended 4-30-19,
					 9-28-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-9 - CONTINUING EDUCATION › Section 61G6-9.015 - Continuing Education Exemption for Spouses of Military Personnel

Current through Reg. 50, No. 138; July 16, 2024
A licensee who is the spouse of a member of the Armed Forces
				  of the United States and was caused to be absent from the State of Florida
				  because of the spouse's duties with the armed forces shall be exempt from all
				  licensure renewal provisions under these rules during such absence. The
				  licensee must show proof to the Board of the absence and the spouse's military
				  status.
Rulemaking Authority
					 455.02(2),
					 489.507(3) FS.
					 Law Implemented 455.02(2)
					 FS.
New 4-3-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 455.2273, 489.507(3) Law Implemented
					 455.2273
New 1-1-87, Formerly 21GG-10.001, Repealed
					 12-26-11.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.0015 - Standards of Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				establishes the following as standards of practice in electrical and alarm
				system contracting:
(a) An electrical or alarm
				system contractor shall, prior to engaging or contracting with another entity
				and or person for the performance of electrical or alarm system contracting as
				defined by Section 489.505(9),
				F.S., verify that the entity and or person is certified or registered with the
				State of Florida.
(b) An electrical
				or alarm system contractor shall maintain documentation of his or her
				verification of licensure of all entities or persons that he or she engages or
				contracts for the performance of electrical or alarm system contracting as
				defined by Section 489.505(9),
				F.S. At a minimum, documentation shall include proof of the entities' or
				person's current Florida certification or registration.
(c) An electrical or alarm system contractor
				shall obtain applicable local building department permits prior to performing
				any electrical or alarm system contracting, unless otherwise exempted pursuant
				to Section 489.503,
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.003 - Aggravating or Mitigating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
When either the petitioner or respondent is able to
				  demonstrate aggravating or mitigating circumstances to the board by clear and
				  convincing evidence, the board shall be entitled to deviate from the above
				  guidelines in imposing discipline upon an applicant or licensee. Absence of any
				  such evidence of aggravating or mitigating circumstances before the hearing
				  officer prior to the issuance of a recommended order shall not relieve the
				  board of its duty to consider evidence of mitigating or aggravating
				  circumstances. Based upon the following factors, the board may impose
				  disciplinary action other than the penalties recommended above:
(1) The degree of harm to the consumer or
				public;
(2) The number of counts in
				the administrative complaint;
(3)
				The disciplinary history of the applicant or licensee;
(4) The status of the applicant or licensee
				at the time the offense was committed;
(5) The degree of financial hardship incurred
				by a licensee as a result of the imposition of the fines or suspension of his
				practice.
Any penalties imposed by the board may not exceed the maximum
				  penalties set forth in Section
				  489.533(2),
				  F.S.
Rulemaking Authority
					 455.2273(3),
					 489.507(3) FS.
					 Law Implemented 455.2273
					 FS.
New 1-1-87, Formerly 21GG-10.003, Amended
					 10-1-03.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.004 - Payment of Fine

Current through Reg. 50, No. 138; July 16, 2024
All fines imposed by the Board for violations of Sections
				  489.531 and
				  489.533, F.S., shall be paid
				  within thirty (30) days from the date of the final order entered by the Board.
				  The Board will allow a payment plan upon request of the licensee at the
				  hearing, if extenuating circumstances are demonstrated.
Failure to pay fine within the 30-day period may result in
				  disciplinary action.
Rulemaking Authority
					 455.227(3),
					 489.507(3) FS.
					 Law Implemented 455.227(3)
					 FS.
New 7-3-91, Formerly 21GG-10.004, Amended 3-24-94,
					 12-24-96, 9-22-97, 5-8-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.005 - Minor Violations and Non-Compliance

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
				489.533(1)(l),
				F.S., by practicing in a name not on the license.
(b) Violation of Section
				489.513(5),
				F.S., by contracting in a city or county not licensed in.
(c) Violation of Section
				489.533(1)(r),
				F.S., by pulling a late permit.
(d)
				Violation of Section 489.533(1)(q),
				F.S., by failing to include the license number in each offer of services,
				business proposal or advertisement as required by Section
				489.521(7)(b),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.006 - Reinstatement and Relicensure

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				shall deny certification or registration to a contractor who violates any
				provisions of Section 489, Part II, F.S.
(2) The Board shall not reinstate the
				certification or registration, nor issue a new certification or registration,
				of any contractor whose license has been suspended unless proof is shown that
				all requirements (including fines) imposed in any final order against the
				contractor have been met.
(3)
(a) The Board shall not relicense a
				contractor whose certification or registration has been revoked unless proof is
				shown that all requirements (including fines) imposed in any final order
				against the contractor have been met.
(b) The Board shall not relicense a
				contractor whose certificate has been revoked unless he passes the current
				licensing examination and meets all other requirements for
				certification.
(c) The Board shall
				not accept for registration the license of an individual whose license it
				previously revoked unless the jurisdiction requesting registration requires the
				individual to meet all current requirements to demonstrate competency,
				including examination, if required of other new registrants.
(d) Any person who voluntarily relinquishes
				his license upon notification of a department or board investigation or in lieu
				of other disciplinary action must appear before the Board and meet current
				licensing requirements prior to being allowed to seek recertification through
				the examination or registration in a jurisdiction.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.007 - Probation

Current through Reg. 50, No. 138; July 16, 2024
All probation imposed by the Board for violations of Sections
				  489.531,
				  489.533 or
				  455.227, F.S., shall require the
				  probationer to file with the Board, quarterly reports every ninety (90) days
				  from the date of the final order entered by the Board. The quarterly reports
				  must be filed using DBPR/ECLB 4458, Rev. 11-7-03, titled Probation and
				  Quarterly Report Form, which is hereby incorporated by reference and will be
				  effective 11-7-03, copies of which may be obtained from the Board Office. If
				  the probation is related to financial matters, e.g., satisfaction of liens,
				  collection accounts or judgments, the probationer shall be required to submit
				  quarterly reports providing proof of the payments made.
Rulemaking Authority
					 489.507(3),
					 489.533(2)(e)
					 FS. Law Implemented 455.227(2)(f),
					 489.533
					 FS.
New 2-16-04, Amended
					 5-8-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-10 - DISCIPLINARY GUIDELINES › Section 61G6-10.008 - 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) Section
				489.533(1)(q),
				F.S.; License number not in ad, or wherever else required.
(2) Section
				489.533(1)(r),
				F.S.; any complaint that is based on non-completion of contract for not having
				a final inspection done; this would only be considered if the appropriate
				permit has been obtained in accordance with normal procedure.
(3) Section 489.533(1)(m)4., F.S.; Contractor
				fails, within 18 months, to pay or comply with a repayment schedule of a
				judgment obtained against the contractor or a business qualified by the
				contractor that is related to the practice of contracting.
Rulemaking Authority
					 455.2235(1),
					 489.507(3) FS.
					 Law Implemented 455.2235(1)
					 FS.
New 3-21-95, Amended 12-24-96, 11-25-07,
					 5-8-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-12 - BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES › Section 61G6-12.001 - Requirements for Burglar Alarm System Agent Training Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) The course fee shall be $15.00 per hour,
				not to exceed $60.00 per course.
(2) The completed Training Provider and
				Continuing Education Course Approval Application on a form provided by the
				Department. Copies of the form may be obtained from the Board office.
(3) Instructor Requirements are as follows:
(a) All course instructors shall be
				qualified, by education or experience, to teach the course, or parts of a
				course, to which the instructor is assigned.
1. Any person with a four year college degree
				or graduate degree is qualified to teach any course in their field of
				study.
2. Any certified or
				registered contractor with at least five years experience may teach any
				technical course regarding contracting within the scope of the contractor's
				license.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-12 - BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES › Section 61G6-12.0015 - Requirements for Burglar Alarm System Agent Identification Card

Current through Reg. 50, No. 138; July 16, 2024
After the completion of the course outlined in Rule
				  61G6-12.001, F.A.C., the
				  licensee shall issue identification cards to each of the alarm system agents.
				  The card shall be at least 3 1/4 x 2 1/4 inches in size. The card shall
				  contain: 1 x 1 1/4 inch full face picture of the alarm system agent; name of
				  the holder of the card; name and license number of the unlimited electrical
				  contractor or licensed alarm system contractor; name and address of the
				  business organization; signature of the contractor and the card holder; and
				  issue date and expiration date of the card. The expiration date must be within
				  2 years of the issue date. The identification card must be in the possession of
				  the burglar alarm system agent while engaged in all burglar alarm system agent
				  duties. An electronic or digital facsimile of the identification card available
				  on a mobile device is acceptable in lieu of a physical copy of the card.
The card shall be issued in the following format:
BURGLAR ALARM SYSTEM AGENT
The bearer of this card has met the training
							 requirements pursuant to Section
							 489.518, F.S.
PHOTO HERE Name: Tom Brown
Business: Alarm Center, Inc.,
Address: 1940 N. Monroe St.
Tallahassee, FL 32399
Signature:
Tom Brown
_____________________________________________________________
Qualifier: John Doe License # EC 0012345
Signature:
John Doe
Issued: October 1, 2004 Expires: September 30,
							 2006
BURGLAR ALARM SYSTEM AGENT
The bearer of this card has met the training and CE
							 requirements pursuant to Section
							 489.518, F.S.
PHOTO HERE Name: Tom Brown
Business: Alarm Center, Inc.,
Address: 1940 N. Monroe St.
Tallahassee, FL 32399
Signature:
Tom Brown
__________________________________________________________________
Qualifier: John Doe License # EC 0012345
Signature:
John Doe
Issued: October 1, 2004 Expires: September 30,
							 2006
Rulemaking Authority
					 489.507(3),
					 489.518(4) FS.
					 Law Implemented 489.518(4)(a),
					 (b)
					 FS.
New 10-3-04, Amended
					 12-10-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-12 - BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES › Section 61G6-12.002 - Requirements for Fire Alarm System Agent Training Courses

Current through Reg. 50, No. 138; July 16, 2024
(1) The training provider application fee
				shall be $200.00.
(2) The course
				fee shall be $25.00 per hour, not to exceed $100.00 per course.
(3) The completed Training Provider and
				Continuing Education Course Approval Application on a form provided by the
				Department. Copies of the form may be obtained from the Board office.
(4) Instructor requirements are as follows:
(a) All course instructors shall be
				qualified, by education or experience, to teach the course, or parts of a
				course, to which the instructor is assigned.
(b) Any person with a four year college
				degree or graduate degree is qualified to teach any course in his/her field of
				study.
(c) Any certified or
				registered contractor with at least five years experience may teach any
				technical course regarding contracting within the scope of the contractor's
				license.
(d) Course sponsor may
				request approval by the Board regarding the qualifications of a particular
				instructor for a particular course.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-12 - BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES › Section 61G6-12.003 - Requirements for Fire Alarm System Agent Identification Card

Current through Reg. 50, No. 138; July 16, 2024
After the completion of the course outlined in Rule
				  61G6-12.002, F.A.C., the
				  licensee shall issue identification cards to each of the alarm system agents.
				  The card shall be at least 3 1/4 x 2 1/4 inches in size. The card shall
				  contain: 1 x 1 1/4 inch full face picture of the alarm system agent; name of
				  the holder of the card; name and license number of the unlimited electrical
				  contractor or licensed alarm system contractor; name and address of the
				  business organization; signature of the contractor and the card holder; and
				  issue date and expiration date of the card. The expiration date must be within
				  2 years of the issue date. The identification card must be in the possession of
				  the fire alarm system agent while engaged in the fire alarm system agent
				  duties. An electronic or digital facsimile of the identification card available
				  on a mobile device is acceptable in lieu of a physical copy of the card.
The card shall be issued in the following format:
FIRE ALARM SYSTEM AGENT
The bearer of this card has met the training
							 requirements pursuant to Section
							 489.5185, F.S.
PHOTO HERE
Name: Tom Brown
Business: Alarm Center, Inc.,
Address: 1940 N. Monroe St.
Tallahassee, FL 32399
Signature:
Tom
							 Brown
_____________________________________________________________
Qualifier: John Doe
License # EC 0012345
Signature:
John Doe
Issued: October 1, 1998
Expires: September 30, 2000
FIRE ALARM SYSTEM AGENT
The bearer of this card has met the training and CE
							 requirements pursuant to Section
							 489.5185, F.S.
PHOTO HERE
Name: Tom Brown
Business: Alarm Center, Inc.,
Address: 1940 N. Monroe St.
Tallahassee, FL 32399
Signature:
Tom
							 Brown
_____________________________________________________________
Qualifier: John Doe
License # EC 0012345
Signature:
John Doe
Issued: October 1, 1998
Expires: September 30, 2006
Rulemaking Authority
					 489.507(3),
					 489.5185(4) FS.
					 Law Implemented 489.5185(4)(a),
					 (b)
					 FS.
New 1-4-99, Amended
					 12-10-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G6 - Electrical Contractors' Licensing Board › Chapter 61G6-12 - BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES › Section 61G6-12.004 - Continuing Education Requirements for Fire Alarm System Agents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 489.507(3) FS.
					 Law Implemented 489.507(3),
					 489.5185(4)(d),
					 (5)
					 FS.
New 2-18-99, Repealed
					 12-26-11.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-2 - MEETINGS › Section 61G7-2.0011 - Attendance of Meetings by Board Members

Current through Reg. 50, No. 138; July 16, 2024
Unexcused absences of a Board member are absences not due to
				  the following situations:
(1) Medical
				problems of a Board member or a Board member's family including but not limited
				to illness, surgery, emergency care and/or hospitalization.
(2) Death of a family member and/or
				attendance at the family member's funeral.
(3) Any conflict, extraordinary circumstance
				or event approved by the Chairman of the Board.
Rulemaking Authority
					 455.207(3) FS.
					 Law Implemented 455.207(3)
					 FS.
New 2-21-93, Formerly
					 21EE-2.0011.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-2 - MEETINGS › Section 61G7-2.002 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The chairman
				shall appoint two current or former members of the Board to serve on the
				probable cause panel (hereinafter referred to as the "panel"). The panel shall
				include at least one current member of the Board. Such appointment shall be for
				six months. The determination of probable cause shall be made by majority vote
				of the panel. In the event of a tie vote or if the panel cannot otherwise
				determine the existence of probable cause, the presiding member of the panel
				shall so advise the general counsel of the Department in writing.
(2) Notwithstanding subsection (1), when the
				chairman is unable to appoint a probable cause panel, the board delegates to
				the department the authority to determine whether probable cause
				exists.
Rulemaking Authority
					 455.225(4),
					 468.522 FS. Law Implemented
					 455.225(4),
					 455.227(1),
					 468.532(1)
					 FS.
New 4-29-92, Formerly 21EE-2.002, Amended 2-12-98,
					 11-28-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-4 - FINAL ORDERS › Section 61G7-4.003 - Time for Payment of Civil Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.227(3) FS.
					 Law Implemented 120.53,
					 455.227(3)
					 FS.
New 4-29-92, Formerly 21EE-4.003, Amended 6-23-04, Repealed
					 10-29-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.001 - Application Procedure; Application Form; Fees; Confidential Information; Denial of Application; Request for Hearing

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants for licensure as an employee
				leasing company shall file a completed application on a form prescribed by the
				Department in Rule 61-35.013, F.A.C. Applicants
				shall cure all deficiencies in their application noted by the board within 90
				days from the date of the letter notifying the applicant or the application
				will be denied as an incomplete application. For purposes of this rule, an
				application is complete when all items on the application form have been fully
				answered, the applicant has paid the application fee specified in subsection
				(2), and has submitted all attendant documentation, certifications, electronic
				fingerprints through the Department's vendor, explanations of answers, and
				other items specified in the form and its attached instructions. An application
				for licensure as an employee leasing company or group will not be deemed
				complete until both the controlling person(s) and employee leasing company
				parts are complete.
(2) The
				application fee shall be $250 for each employee leasing company applicants,
				$106.75 for each controlling person applicants, $250.00 for each change of
				ownership applicants, and registration fees for de minimis operations of
				$250.00 for a single employee leasing company and $500.00 for a de minimus
				employee leasing company group.
(3)
				License fees shall be assessed as follows:
(a)
				For initial licensure applications to be submitted in the first year of the
				biennium:
1. $600.00 for each controlling
				person;
2. $900.00 for each
				employee leasing company;
3. $1,
				500.00 for each employee leasing company group.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.0011 - Registration and Fee for De Minimis Operations

Current through Reg. 50, No. 138; July 16, 2024
(1) Any employee leasing company or group
				which meets the qualifications for de minimis operations pursuant to Section
				468.5275, F.S., shall register
				with the Board on a form prescribed by the Department in Rule
				61-35.013, F.A.C. The annual fee
				for de minimis registration shall be $250 for an employee leasing company and
				$500 for an employee leasing company group.
(2) The term "registered" as used in Section
				468.5275(1)(b),
				F.S., shall mean the employee leasing company is registered as an employee
				leasing company in those states which have registration requirements. For
				states with no registration requirements the term "registered" as used in
				Section 468.5275(1)(b),
				F.S., shall mean the employee leasing company is registered as such in their
				articles of incorporation.
Rulemaking Authority
					 468.522,
					 468.5275(2) FS.
					 Law Implemented 468.5275
					 FS.
New 8-17-94, Amended 1-31-95, 11-9-95, 9-5-04,
					 2-28-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.0012 - Historical Sketch

Current through Reg. 50, No. 138; July 16, 2024
(1) Each initial
				application for an Employee Leasing Company license shall be accompanied by a
				completed Historical Sketch, found as part of Department application forms
				incorporated by Rule 61-35.013, F.A.C., and provided
				separately as Board Form DBPR EL-4512, incorporated by Rule
				61G7-10.002, F.A.C. The
				Historical Sketch is required from those individuals who:
(a) Directly or indirectly control 20% or
				more of the voting stock of the applicant or of its ultimate parent, if the
				applicant or its ultimate parent is a publicly traded company; or
(b) Directly or indirectly control 10% or
				more of the voting stock of the applicant or of its ultimate parent, if the
				applicant or its ultimate parent is a closely held company; or
(c) Are directors or principal officers of
				the applicant or its ultimate parent.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.002 - Annual Assessment on Gross Florida Payroll

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department of Business and
				Professional Regulation shall assess each Employee Leasing Company and each
				Employee Leasing Company Group an annual assessment fee based upon the
				preceding calendar year's gross Florida payroll of the company or group. The
				assessment shall be due on April 1 of each year and shall become delinquent
				after April 30. For new applicants the initial assessment shall be due with the
				licensure application. Funds collected under this assessment are to be made
				payable to the Board and to be deposited into the Professional Regulation Trust
				Fund as created within the Department. The annual assessment fee shall be
				calculated in accordance with the following table:
Amount of Gross
Assessment
Florida Payroll
Fee Due
less than $250, 000
$72.00
$250, 000 - $500, 000
$127.00
$500, 001 - $1, 000, 000
$190.00
$1, 000, 001 - $2, 500, 000
$267.50
$2, 500, 001 - $5, 000, 000
$344.50
$5, 000, 001 - $7, 500, 000
$422.00
$7, 500, 001 - $10, 000, 000
$499.00
$10, 000, 001 - $15, 000, 000
$577.00
$15, 000, 001 - $20, 000, 000
$654.00
$20, 000, 001 - $30, 000, 000
$731.00
$30, 000, 001 - $40, 000, 000
$808.50
$40, 000, 001 - $50, 000, 000
$914.50
greater than $50, 000, 000
$1019.50
(2)
				If the sum of license fees under subparagraph
				61G7-5.001(3)(a)
				2., F.A.C., for any employee leasing company when combined with the assessments
				levied under subsection (1) for the first and second year of the licensure
				period shall exceed the maximum biennial fees established in accordance with
				Section 468.526(4)(a),
				F.S., the assessment for the second year of the biennial licensure period shall
				be reduced by the amount of such excess.
(3) If the sum of license fees under
				subparagraph 61G7-5.001(3)(a)
				3., F.A.C., for any employee leasing company group when combined with the
				assessments levied under subsection (1) for the first and second year of the
				licensure period shall exceed the maximum biennial fees established in
				accordance with Section
				468.526(4)(b),
				F.S., the assessment for the second year of the biennial licensure period shall
				be reduced by the amount of such excess.
Rulemaking Authority
					 468.522 FS. Law Implemented
					 468.526(3)
					 FS.
New 7-15-92, Formerly 21EE-5.002, Amended 4-25-94, 6-10-96,
					 6-22-98, 7-11-00, 9-5-04, 3-27-05, 7-6-05, 2-28-12,
					 12-30-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.0021 - Duplicate License Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.219 FS. Law Implemented
					 455.219
					 FS.
New 10-24-93, Repealed
					 8-5-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.003 - Written Declaration to Financial Statements

Current through Reg. 50, No. 138; July 16, 2024
Quarterly financial statements submitted to the Board by an
				  employee leasing company shall be accompanied by a completed Board Form DBPR
				  EL-4503, Employee Leasing Company Written Declaration to Financial Statements,
				  effective 2/2018, incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09172
or
http://www.myfloridalicense.com/dbpr/pro/emplo/forms.html
.
				  The form shall be executed by a controlling person of the employee leasing
				  company.
Rulemaking Authority
					 468.522 FS. Law Implemented
					 468.524(2)
					 FS.
New 7-20-92, Formerly 21EE-5.003, Amended 9-5-04,
					 4-18-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.0031 - Audited Financial Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				each employee leasing company or employee leasing company group with gross
				Florida payroll of $2, 500, 000 or more, audited annual financial statements
				must be submitted to the Board.
(2)
				For every fiscal year, audited financial statements must be submitted to the
				Board within 120 days of the licensee's fiscal year end. For purposes of this
				rule, "submitted" means that the audited financial statement must be postmarked
				within 120 days of the end of the fiscal year.
(3) All audited financial statements must be
				prepared in accordance with generally accepted accounting principles (GAAP),
				and generally accepted auditing standards (GAAS).
(4) When an employee licensing company or
				employee leasing company group with gross Florida payroll of $2, 500, 000.00 or
				more becomes licensed during any portion of a year, audited financial
				statements for that year must be submitted to the Board within 120 days of the
				licensee's fiscal year end which covers the calendar year in which the licensee
				first became licensed.
(5) All
				members of an employee leasing company group must have the same fiscal year
				end. In the event that all members of such a group do not have the same fiscal
				year end at the time of initial licensure, such group shall have two (2) years
				from the date of initial licensure to comply with this rule. In addition, any
				member added to a group after initial licensure shall change its fiscal year
				end to the group's fiscal year end within one (1) year of joining the
				group.
Rulemaking Authority
					 468.522,
					 468.525(3)(e)
					 FS. Law Implemented 468.525(3)(e)
					 FS.
New 8-17-94, Amended 5-26-96, 9-5-04,
					 7-4-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.0032 - Reviewed Financial Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				each employee leasing company or employee leasing company group with gross
				Florida payroll of less than $2, 500, 000.00, reviewed annual financial
				statements must be submitted to the Board.
(2) For every fiscal year, reviewed financial
				statements must be submitted to the Board within 120 days of the licensee's
				fiscal year end. For purposes of this rule, "submitted" means that the reviewed
				financial statement must be postmarked within 120 days of the end of the fiscal
				year.
(3) All reviewed financial
				statements must be prepared in accordance with generally accepted accounting
				principles (GAAP), and Standards for Accounting and Review Services
				(SARS).
(4) When an employee
				licensing company or employee leasing company group with gross Florida payroll
				of less than $2, 500, 000.00 becomes licensed during any portion of a year,
				reviewed financial statements for that year must be submitted to the Board
				within 120 days of the licensee's fiscal year end which covers the calendar
				year in which the licensee first became licensed.
(5) All members of an employee leasing
				company group must have the same fiscal year end. In the event that all members
				of such a group do not have the same fiscal year end at the time of initial
				licensure, such group shall have two (2) years from the date of initial
				licensure to comply with this rule. In addition, any member added to a group
				after initial licensure shall change its fiscal year end to the group's fiscal
				year end within one (1) year of joining the group.
Rulemaking Authority
					 468.522,
					 468.525(3)(e)
					 FS. Law Implemented 468.525(3)(e)
					 FS.
New 8-17-94, Amended 5-26-96, 9-5-04,
					 7-4-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.0034 - Use of Franchised or Licensed Names

Current through Reg. 50, No. 138; July 16, 2024
Section 468. 530(3), F.S., provides that: "The board may not
				  authorize the use of a name which is so similar to that of a public officer or
				  agency, or of that held by another licensee, that the public may be confused or
				  misled thereby." Recognizing the existence and reasonable purpose of
				  franchising and licensing agreements under which more than one company,
				  corporation, or other entity may be entitled to use the name of the franchisor
				  or licensor, the Board hereby sets the following standards for the use of names
				  under a franchise or licensing agreement:
(1) When more than one licensee is entitled
				to and wishes to use the name of a franchisor or licensor in the name of an
				employee leasing company, the name of the franchisor or licensor must be set
				out so as to make it clear that the two or more employee leasing companies are
				distinct and separate entities. Examples of acceptable names are:
(a) XYZ Employee Leasing Company of Daytona
				Beach.
(b) XYZ Employee Leasing
				Company of North Florida.
The difference in names between two or more licensees
				  entitled to use the name of a franchisor or licensor must be plainly different
				  and the differences must indicate a distinction in location or some other clear
				  distinction.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.004 - Requiring Certified College Transcripts in Lieu of College Degree

Current through Reg. 50, No. 138; July 16, 2024
When an application for controlling person licensure
				  indicates the applicant attended college, the applicant shall, upon request,
				  furnish certified transcripts reflecting such attendance to the Board's
				  office.
Specific Authority
					 468.522,
					 468.524(2) FS.
					 Law Implemented 468.525(1)(c)
					 FS.
New 11-4-92, Formerly
					 21EE-5.004.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.005 - Deficiency in Tangible Accounting and Accounting Net Worth; Guaranty Form Acceptable to Board; Sufficient Evidence of Guarantor's Adequate Resources

Current through Reg. 50, No. 138; July 16, 2024
(1) When an applicant chooses to have a
				guaranty to offset any deficiency in tangible accounting net worth regarding an
				initial application, accounting net worth or working capital regarding a
				renewal application, such guaranty shall be made on Board Form DBPR EL-4505,
				Board Approved Guaranty Form, effective March 2013, incorporated herein by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09131
.
				Such guaranty shall be irrevocable until such time that the deficiency causing
				the guaranty has been corrected, as demonstrated by the applicant's annual
				financial statement meeting the requirements of either Rule
				61G7-5.0031 or
				61G7-5.0032, F.A.C., or until a
				new guaranty has been submitted and found acceptable by the Board to replace
				the previously submitted guaranty.
(2) Initial applicants and licensed employee
				leasing companies who submit a guaranty in accordance with subsection (1),
				shall also show that the guarantor has adequate resources to satisfy the
				obligation of the guaranty. Upon the Board's finding that the guarantor's
				resources and the guaranty are acceptable, the applicant or licensed employee
				leasing company shall provide the original guaranty to the Board to keep with
				the leasing company's file.
(3)
				When an initial applicant or a licensed employee leasing company chooses to
				submit an irrevocable letter of credit to offset any deficiency in tangible
				accounting net worth regarding an initial applicant, accounting net worth or
				net working capital regarding a licensed employee leasing company, such
				irrevocable letter of credit is acceptable so long as:
(a) The responsibility for repayment of any
				sums disbursed under the letter of credit is not an obligation of the employee
				leasing company or any entity affiliated with the employee leasing
				company;
(b) The letter of credit
				contains an "evergreen" clause, which automatically renews the letter of credit
				unless the issuer of the letter of credit notifies the employee leasing company
				and the Department within sixty (60) days of the decision not to renew; and,
(c) The letter of credit is issued
				by a financial institution authorized to do so under applicable state or
				federal banking laws.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.006 - Delinquent License

Current through Reg. 50, No. 138; July 16, 2024
A delinquent license shall be returned to active status by
				  the payment of the biennial license renewal fee plus a delinquent fee of
				  $25.00, and the licensee shall be continuously licensed during the period of
				  delinquency. Nothing herein precludes disciplinary action against licenses
				  delinquent more than 30 days.
Rulemaking Authority
					 455.271(7) FS.
					 Law Implemented 455.271(7),
					 468.528
					 FS.
New 4-25-94, Amended 8-17-94, 10-25-00, 12-28-17,
					 2-12-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-5 - APPLICATION PROCEDURE › Section 61G7-5.007 - Null and Void Status

Current through Reg. 50, No. 138; July 16, 2024
The null and void status licensee who applies for active
				  status shall apply to the Department anew by submitting a completed application
				  as set forth in Rule 61G7-5.001, F.A.C., with
				  appropriate fees as if this were a first-time application.
Rulemaking Authority
					 455.271(6)(a),
					 468.522 FS. Law Implemented
					 455.271(6)(a),
					 468.524
					 FS.
New 5-4-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-7 - DISCIPLINE › Section 61G7-7.001 - Disciplinary Guidelines; Range of Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board sets forth below a range of
				disciplinary guidelines from which disciplinary penalties will be imposed upon
				practitioners guilty of violating Chapter 455, F.S., Chapter 468, Part XI,
				F.S., or the rules promulgated thereto. The violations as set forth below are
				descriptive only; the full language of each statutory or rule provision cited
				must be consulted in order to determine the conduct included. The purpose of
				the disciplinary guidelines is to give notice to licensees of the range of
				penalties which will normally be imposed upon violations of the particular
				provisions identified in subsection (2).
(a)
				The disciplinary guidelines are based upon a single count violation of each
				provision listed. Multiple counts of violations and other unrelated violations
				contained in the same administrative complaint will compound the listed
				penalties. All penalties at the upper range of the sanctions include lesser
				penalties, which may be included in the final penalty at the Board's
				discretion.
(b) Probationary terms
				include, as applicable, a review of the licensee's practice by a representative
				of the Department or Board, with the licensee assuming the cost of the review.
				In all cases of probation or suspension, a report showing compliance with the
				terms of the final order must be received and accepted by the Board prior to
				the termination of the probation or suspension. Other specific terms of
				probation or suspension shall be imposed, as necessary, by the
				Board.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-7 - DISCIPLINE › Section 61G7-7.002 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) "Mediation" means a process whereby a
				mediator appointed by the department acts to encourage and facilitate
				resolution of a legally sufficient complaint. It is an informal and
				nonadversarial process with the objective of assisting the parties to reach a
				mutually acceptable agreement.
(2)
				The Board finds that mediation is an acceptable method of dispute resolution
				for the following violation as they are economic in nature or can be remedied
				by the licensee:
(a) Failure of the licensee
				to timely pay any assessed administrative fines or costs;
(b) Failure of the licensee to pay health
				claims to an employee;
(c) Failure
				of the licensee to pay wages.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-7 - DISCIPLINE › Section 61G7-7.003 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
In accordance with Section
				  120.695, F.S., the Department
				  shall issue a notice of noncompliance as a first enforcement action against a
				  licensee for a minor violation of a rule. Pursuant to Sections
				  120.695 and
				  455.225(3),
				  F.S., the Board designates the following minor violations for issuance of a
				  notice of noncompliance for an initial offense:
(1) Failure to notify the Board within 30
				days of change of address, in violation of paragraph
				61G7-10.002(2)(i),
				and subsection (3), F.A.C., and Section
				468.532(1)(j),
				F.S.
(2) Failure to post license in
				conspicuous place, in violation of Section
				468.530(2),
				F.S.
(3) Engagement in the business
				under any name other than that specified on the license, in violation of
				Section 468.530(3),
				F.S.
(4) Failure to include the
				employee leasing company license number in advertisements as required by
				subsection 61G7-11.001(3),
				F.A.C., and in violation of Section
				468.530(4),
				F.S.
(5) Failure of the employee
				leasing company or the controlling person to notify the Board within a 90-day
				period that a controlling person has ceased performing controlling person
				duties, as long as at least one controlling person remains licensed at the
				employee leasing company, as required by paragraphs
				61G7-10.002(2)(g),
				(h), and subsection (3), F.A.C.
(6) Failure of the employee leasing company
				to file a quarterly report as required by subsection
				61G7-10.001(1),
				F.A.C., and authorized by Section
				468.535, F.S., within 30 days of
				receiving notice from the Board that the quarterly report is late.
(7) Failure of the employee leasing company
				to file an annual report as required by subsection
				61G7-10.0011(1),
				F.A.C., and Section 468.525(3)(e),
				F.S., within 30 days of receiving notice from the Board that the annual report
				is late.
(8) Failure of the
				employee leasing company to submit and pay an annual assessment as required by
				subsection 61G7-5.002(1),
				F.A.C.
Rulemaking Authority
					 120.695,
					 455.225(3),
					 468.522 FS. Law Implemented
					 120.695,
					 455.225(3)
					 FS.
New 2-29-96, Amended 1-25-98, 7-11-17,
					 12-4-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G7 - Board of Employee Leasing Companies › Chapter 61G7-9 - SELF FUNDED INSURANCE › Section 61G7-9.001 - Requirements for Self-Insurance for Employee Benefits or Workers' Compensation

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				employee leasing company applicant or licensee which sponsors a plan of self
				insurance for employee benefits or workers' compensation benefits shall file
				with the Board a full description of such plan and shall incorporate in its
				financial statements all the assets and liabilities of any trust which it may
				have established for the purpose of funding said plan.
(2) An employee leasing company applicant or
				licensee shall not be considered a sponsor of a plan of self-insurance solely
				by its participation in a workers' compensation self-insurance fund regulated
				and approved by the Department of Financial Services, Division of Workers'
				Compensation.
Rulemaking Authority
					 468.522 FS. Law Implemented
					 468.529(1)
					 FS.
New 7-14-92, Amended 11-15-92, Formerly
					 21EE-9.001.