61G4-15.005: Requirements for Certification and Registration
PURPOSE AND EFFECT: The Board proposes to repeal the rule due to the fact that the Board no longer has authority over the applications for certification and registration.
SUMMARY: The Board no longer has authority over the applications for certification and registration.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 489.115(5), (6), 489.129(1), 489.132(5) FS.
LAW IMPLEMENTED: 489.113(1), 489.115(5), (6), 489.129(1), 489.132(5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: G. W. Harrell, Executive Director, Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750
THE FULL TEXT OF THE PROPOSED RULE IS:
61G4-15.005 Requirements for Certification and Registration.
In order that the Board may carry out its statutory duty to investigate the financial responsibility, credit, and business reputation of a new applicant for certification or registration or a change of status of a certification or registration, an applicant shall be required to forward the following to the Department for a review by the Board:
(1) A credit report from any nationally recognized credit agency as defined in subsections 61G4-12.011(13) and (14), F.A.C.
(2) A financial statement, not older than 12 months, which shall contain information indicating the current assets, current liabilities, total assets, total liabilities, and total net worth, and which shall report all material financial changes occurring between the date of the financial statement and the date of the application.
(3) Answers to the following questions on the application:
(a) Has any bonding or surety company ever completed or made a financial settlement upon any construction contract or work undertaken by any person named in paragraph (i) below or any organization in which such person was a responsible person as defined in paragraph (j)? Yes () No ().
(b) Are there any lawsuits or unpaid past-due bills or claims for labor, materials, or services, as a result of the construction operations of any person named in paragraph (i) below or any organization in which any such person was a responsible person as defined in paragraph (j)? Yes () No ().
(c) Are there now any liens, suits, or judgments of record or pending against any person named in paragraph (i) below or any organization in which any such person was a responsible person as defined in paragraph (j), as a result of the construction operations of such person or organization? Yes () No ().
(d) Are there now any liens of record by the U. S. Internal Revenue Service or the State of Florida Corporate Tax Division against any person named in paragraph (i) below or any organization in which any such person was a responsible person as defined in paragraph (j)? Yes () No ().
(e) Has any person named in paragraph (i) below or has any organization in which any such person was a responsible person as defined in paragraph (j) been adjudicated as bankrupt within the past five years, or is any such person or organization presently in the process of bankruptcy proceedings? Yes () No ().
(f) Has any person named in paragraph (i) below or has any organization in which any such person was a responsible person as defined in paragraph (j) ever been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any state, been subject to disciplinary action by a state, county or municipality? If yes, you must attach a copy of any state, county, municipal or out-of-state disciplinary order or judgment. Yes () No ().
(g) Has any person named in paragraph (i) below or has any business organization in which any such person was a member filed for or been discharged in bankruptcy within the past five years? If yes, you must attach a copy of the Discharge Order, Order Confirming Plan and if a Corporate Chapter 7 case, a copy of the Notice of Commencement. Yes () No ().
(h) Has any person in paragraph (i) below or has any business organization in which any such person was a responsible person as defined in paragraph (j) ever been convicted or found guilty of or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction within the past ten years? If yes, you must attach a copy of any such conviction or the order or judgment incorporating the finding of guilt or plea. Yes () No ().
(i) Required signatures: if an individual, the qualifying contractor; if a partnership, the qualifying contractor and the partner(s); if a corporation, the qualifying contractor, the president, vice-president, and secretary.
(j) For purposes of this rule, “responsible person” includes any partner, officer, director, trustee, qualifying contractor, or any person having managerial or supervisory role in a business organization as defined in Section 489.105(13), F.S.
Specific Authority 489.115(5), (6), 489.129(1), 489.132(5) FS. Law Implemented 489.113(1), 489.115(5), (6), 489.129(1), 489.132(5) FS. History–New 1-10-80, Amended 4-15-82, 9-5-82, 3-21-83, Formerly 21E-15.05, Amended 4-18-86, 1-19-87, 7-1-87, 1-26-88, 1-1-89, 5-23-89, 6-5-90, 4-16-92, Formerly 21E-15.005, Amended 10-17-93, 7-18-94, 7-19-95, 4-24-96, 9-8-96, 10-31-96, 2-4-97, 8-2-98, 9-15-98, 4-5-00, 10-28-03, 10-23-05, Repealed________.