December 2009

In This Issue:

• Message from the Interim Secretary
• Message from the Board Chair
• Message from the Executive Director
• ACCELERATE, FLORIDA!
• Florida Legislature Eliminates Construction
  Qualified Business License
• New Reporting Requirement for Criminal Convictions
• FOR CONSUMERS: Florida Homeowners’ Construction Recovery Fund Update and Helpful Tips
• WHAT’S THE DIFFERENCE? Did you know that multiple license types exist for Swimming Pool/Spa and Air Conditioning contractors?
• Null and Void — Now What?
• New License Application Center
• eNewsroom

---

Message From The Interim Secretary, Charlie Liem

I was honored to be chosen by Governor Charlie Crist to serve as the Interim Secretary of the Department of Business and Professional Regulation.  For those of you who may be wondering what’s next, I’d like to make a simple point: the agency is not about who is Secretary, it is about the people who work here, and the mission the Governor and the Legislature have assigned us.

With the 2010 Legislative Session nearing, it is important that we maintain the same momentum we built over the past several years to remove unnecessary burdens and streamline processes.  Input from you, our licensees, often provides the most enlightening insight into what changes may need to be made.  Over the next several months, I look forward to developing bills that will enhance Florida’s business environment and make a direct impact on how we serve you. 

I’m grateful for the opportunity to shift from the Chief of Staff to Interim Secretary, and I look forward to continuing to make enhancements to better protect the public and support Florida’s economy. 

Sincerely,

Charlie Liem
Interim Secretary

Back To Top

---

Message from the Board Chair, Jacqueline Watts

The Construction Industry Licensing Board is committed to ensuring that all applicants for licensure meet stringent experience and educational requirements.  In order to qualify for a certified contractor license in Florida, an applicant must provide a detailed experience history as well as proper verification provided by a licensed professional.

The experience verification process is not flawless, however, and the board has noticed an increased number of applicants attempting to submit fraudulent experience history affidavits.  Individuals who submit fraudulent affidavits or licensees who fraudulently verify an individual’s experience history will be investigated and may be prosecuted.  Additionally, such action may prohibit an applicant from obtaining a contracting license in Florida.

In an effort to protect the health, safety and welfare of Florida’s citizens, the board will continue to monitor this activity.  For more information about board meetings and future discussions, log on to www.MyFloridaLicense.com.

• Click on “Doing Business With Us.”
• Click on “Construction Industry.”
• Click on “Board Meeting Information.”

Jacqueline Watts, Chair
Construction Industry Licensing Board

Back To Top

---

Message from the Executive Director, G.W. Harrell

Governor Charlie Crist appointed Wilbert Malphus to the Construction Industry Licensing Board on May 20, 2009.  Mr. Malphus is owner of Malphus and Son General Contracting in Tampa and has previously served as chairman of the Hillsborough County Building Board.  Additionally, Mr. Malphus taught construction-related courses at Hillsborough County Community College for three years.

Mr. Malphus is licensed as a certified general contractor and certified roofing contractor.  He was appointed to fill the seat vacated by Delores Clark on Division I, for a term ending October 31, 2010.  We welcome Mr. Malphus to the board and look forward to working with him.

Amanda Abbott, the board’s discipline coordinator since 2007, has accepted a position with the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.  The board bid farewell to Ms. Abbott at their September board meeting.  We congratulate Ms. Abbott for her promotion and wish her the best of luck in her new position.

G.W. Harrell, Executive Director
Construction Industry Licensing Board

Back To Top

---

ACCELERATE, FLORIDA!

By Tim Vaccaro
Director of Professions

In August of 2008, Governor Charlie Crist announced Accelerate Florida, his initiative to reduce or eliminate unnecessary regulation and to streamline licensing processes. To support the Governor’s initiative, the department reviewed its processes to determine where it could improve customer service and reduce regulatory barriers. The department submitted legislative proposals that became House Bill 425, which Governor Crist signed into law on June 16, 2009. HB 425 reduces regulatory requirements in order to assist individuals who are licensed or apply for licensure with the department. Its highlights include the following:

• Removes notarization requirements for all applications and renewals in order to facilitate electronic submittals. Applicants can now sign an attestation statement regarding the accuracy of their submissions;
• Eliminates the practical examination for barbers and restricted barbers, because practical theory is now included within the written examination;
• Eliminates the requirement for a qualified business license for construction companies, because companies must already have a licensed qualifying agent who is responsible for the company’s actions;
• Removes the requirement that applicants for registered contractor licenses provide a copy of a local occupational license, because most local jurisdictions require proof of a state contractor’s license before they will issue an occupational licenses;
• Eliminates requirements for building code administrator applicants and licensees in construction-related professions to complete a core curriculum course on Florida Building Code training approved by the Florida Building Commission, because the statewide Florida Building Code has been in effect since March 1, 2002;
• Removes the requirement for Certified Public Accountants to complete the Florida Laws & Rules Examination for license renewal and reactivation of an inactive license, because the Florida Laws & Rules requirement is fulfilled by the continuing education process;
• Clarifies statutes to exclude attorneys practicing as a licensed real estate broker or agent from continuing education requirements under Chapter 475, Florida Statutes, if they are members in good standing of the Florida Bar;
• Provides for greater consumer protection for clients who utilize talent agency services under part VII, Chapter 468, Florida Statutes; and
• Authorizes the Florida State Boxing Commission to adopt criteria for approval of certain amateur sanctioning organizations and to adopt health and safety standards for amateur mixed martial arts.

The department also implemented improvements that did not require legislative changes. A complete list of Accelerate Florida improvements is available on our Web site at www.MyFloridaLicense.com by clicking on “Accelerate Florida.”

Back To Top

---

Florida Legislature Eliminates Construction
Qualified Business License

As of October 1, 2009, the Department of Business and Professional Regulation no longer issues Certificates of Authority (qualified business licenses). House Bill 425 eliminated the requirement for a separate business license for construction companies in Florida. Contractors will still be required to qualify construction businesses with their license and provide background information for the business they are seeking to qualify.

For more information about the elimination of the qualified business license, visit www.MyFloridaLicense.com.

• Click on “Doing Business With Us.”
• Click on “Construction Industry.”
• Click on “Important Information.”

Back To Top

---

New Reporting Requirement for Criminal Convictions

During the 2009 Legislative Session, the Florida Legislature passed House Bill 425, which became law on October 1, 2009. Beginning October 1, 2009, House Bill 425 requires all professional licensees to report to the department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. A licensee who fails to report that information may be subject to disciplinary action, including fines, suspension or license revocation. To report this information, complete the criminal self-reporting document and mail to the department as provided on the form.

Back To Top

---

FOR CONSUMERS

Florida Homeowners’ Construction Recovery Fund Update and Helpful Tips

Due to a shortfall in funding caused by a decrease in revenue, there are insufficient funds available to pay claims received by the Florida Homeowners’ Construction Recovery Fund at this time.  The Department will continue to monitor revenues for the Recovery Fund and schedule claims for board review as funds become available.  Our office will continue to process claims until the claims are complete and ready for review by the Construction Industry Licensing Board.  We are committed to keeping you informed and will notify claimants by mail when their claim is ready for board review.

Below are some helpful tips to make submitting a claim to the Recovery Fund easier and to help ensure your claim will not be returned to you.

• Please note, contracts solely for roofing work, pools, or other work requiring a Division II license, are no longer eligible for the Recovery Fund.
• Mail all documentation to the Recovery Fund at 1940 North Monroe Street, Tallahassee, FL, 32399-2215, attention Florida Homeowners’ Construction Recovery Fund.
• Be sure all four (4) pages of the Recovery Fund Claim Form are completed and submit the original signed copy.
• You must file your claim within one (1) year of the filing date of the final judgment, final order or arbitration award granting restitution.
• Include all pages of the original construction contract.
• Submit an original, signed affidavit of diligent asset search.

When calling the Recovery Fund, please have the following information available:     

• Your Recovery Fund claim number. (If you have not received a claim number from the Recovery Fund, you may provide your first and last name.)
• The name of the analyst handling your claim, if available.

For more information about the Recovery Fund claim process, visit www.MyFloridaLicense.com.

• Click on “Doing Business With Us.”
• Click on “Construction Industry.”
• Scroll down to “Florida Homeowners' Construction Recovery Fund.”

Back To Top

---

Back To Top

---

Null and Void — Now What?

Registered contractors with a delinquent status license, who did not renew before August 31, 2009, may find that their license is now null and void.  A null and void license is not a valid license to perform contracting work in Florida.  If a license becomes null and void, the licensee must re-apply for licensure.

In some rare instances, the board may approve a request to reinstate a null and void license; however, the licensee must prove that they were unable to renew their license due to an illness or undue hardship and must demonstrate a good faith effort to comply with the renewal requirements.  The board strictly construes these requirements and may deny your request.

For application information and requirements, visit www.MyFloridaLicense.com and click on “Apply for a License.”

Back To Top

---

New License Application Center

In our continuing effort to provide better customer service, we have improved our web site home page and created a user-friendly application center. We hope that these changes will make it easier for you to do business with us. The new features are intended to make the Web site more user-friendly and provide simple ways for our customers to find licensing information and requirements through detailed descriptions and helpful checklists.

The changes to the Web site include: new application features with a full list of license types, a list of detailed license requirements before each application, separate entry points for applications and renewals, and a new page called "What Services Require a DBPR License," which is designed to assist consumers with determining what services require a DBPR license.

Visit us on MyFloridaLicense.com.

Back To Top

---

eNewsroom

Check out DBPR's eNewsroom, your source for important Department news and information. Here, you can watch public service announcements, read news releases, and subscribe to and flip through our publications.

Back To Top

---

Visit us on the Web at www.MyFloridaLicense.com