November 2009

In This Issue:

• Message From The Secretary
• Message From The Board Chair
• Message From The Executive Director
• An Important Reminder about Limited Certificates
• Technical Examinations Only Offered by Computer-based Testing
• Accelerate Florida
• New Reporting Requirement for Criminal Convictions
• Reminders to Continuing Education Providers
• Helpful Reminders for Licensees
• New License Application Center
• eNewsroom

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Message From The Secretary

As a licensed professional in the State of Florida, I know you are concerned with the threat of unlicensed individuals taking your business and cutting into your bottom line.  I share your concern and also know the financial damage unlicensed individuals can cause consumers.  In fact, unlicensed activity is the topic I hear about the most when I talk with DBPR licensees and Florida’s consumers. 

In response to your concerns, DBPR has increased efforts to combat unlicensed activity.  We are working to better use existing tools and come up with new and inventive ways to address unlicensed activity.  We continue to use our three-tiered approach—education, prevention and enforcement—to get the message out. 

One of our new educational tools is a Web page called “What Services Require a DBPR License?”  This new page is prominently featured on the front page of MyFloridaLicense.com and helps educate consumers and potential licensees about the types of services that must be performed by a DBPR-licensed individual or business.  The pages, custom-tailored for each profession, provide helpful information and examples about the jobs that require a DBPR license.  This new tool is a great way to ensure that we clearly communicate licensure requirements.

Every year, the Office of Communications uses a portion of your five-dollar unlicensed activity fee to fund a media campaign.  This campaign is one of our most successful prevention efforts because it reaches such a large group of people.  More than 41 million impressions were made just last year.  Last fiscal year, the theme of the campaign was “Unlicensed Activity is Ugly Business,” and the advertisements, which were created entirely in-house, showcased an artistic, visually engaging, comic book style design intended to grab the attention of consumers and deliver the straightforward message.  I am eager to share with you our campaign for this year.  It is sure to impress and (more importantly) educate!

Finally, we want to send a strong message that unlicensed activity will not be tolerated.  Last fiscal year, the Division of Regulation increased proactive enforcement efforts by 64 percent, performing 505 sweep or sting operations compared to 327 the previous year.  Look for DBPR investigators hitting the streets even more this fiscal year.  The Division of Regulation has set some very high goals for this fiscal year, and I am confident they will deliver. 

I am proud of our increased efforts last fiscal year, and we will not stop working. Through the three-tiered approach, we strive to combat unlicensed activity from all angles.  I am reminded every time a meet with a consumer who has been harmed by an unlicensed individual or a licensee who has been underbid by the unlicensed competition, that our mission is clear.  We must work harder to address your number one concern, unlicensed activity. 

Sincerely,
Charles W. Drago
Secretary

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Message From The Board Chair Bob McCormick

I am pleased to acknowledge that for the first time in several years, this board has every member position filled as a result of recent appointments or reappointments by Governor Charlie Crist.   Two long-time members, Rob Nagin and Dennis Franklin, have been replaced after having served the maximum number of terms.  I also wish to thank Luther Council and Peggy Bertolami, both of whom have continued to provide dedicated and uncompensated service as members of the probable cause panel.  Fresh enthusiasm and perspective are anticipated from new members Gerry Demers, Orlando Lamas, Art Barthlow and Dennis Carpenter.  Continuing in service are Richard Gathright, Nick Sasso, Bob Kymalainen, Fred Dudley and myself.  It is with sadness that I also mention the passing of George Rogers, the board’s very first chairman, last summer in Pensacola.

The board’s licensing activity mirrors that of the construction industry with application numbers leveling off at about 150 per board meeting, down from more than 400 less than three years ago.  A great deal of coordinated effort within the Department of Business and Professional Regulation and the constant attention of the board’s prosecuting attorney, Elizabeth Duffy, have resulted in the clean-up of a substantial backlog of older disciplinary cases and the timely processing and disposition of newer ones.

While this article was not originally intended to solicit a pat on the back for the board’s “team,” I would be remiss if I did not also recognize the other dedicated individuals who contribute so much to the fair and often difficult administration of its processes.  Timothy Dennis, Assistant Attorney General, provides competent and attentive legal counsel to the board and staff at a level we have not enjoyed in recent years.  Robyn Barineau, as Executive Director, administers and guides the board and coordinates its activities within the extensive framework of the Department of Business and Professional Regulation.  Elise Rice’s title is Government Analyst (a term which appears to mean “the person who must please everyone . . . all the time”) does the heavy lifting as she strives to solve all of our problems and all of yours.  In one capacity or another, I have attended the meetings of this board since 1994 and cannot recall a more knowledgeable, effective team than those currently charged with administration and regulation of the construction inspection professions.

This holiday season may not seem to hold much immediate promise for a brighter financial future.  Each member of the Building Code Administrators and Inspectors Board team, like you, has experienced the economic effects of layoffs, cutbacks, frozen wages or rollbacks, or loss of business opportunities.  We join you in hope that we may all have a more prosperous new year.

Sincerely,
Bob McCormick, Chair
Building Code Administrators and Inspectors Board

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Message from the Executive Director Robyn Barineau

As a reminder, the renewal cycle ends Nov. 30. With the end of the renewal cycle fast approaching, I trust that you have or are about to complete your board-approved continuing education.  Don’t let the end of the cycle catch you unprepared.

As a reminder, you must complete at least three hours of the required 14 classroom hours of continuing education on state law, rules, and ethics relating to professional standards of practice, duties, and responsibilities on or before Nov. 30, 2009.  You may check your reported continuing education by accessing your account through the department’s Web site at www.MyFloridaLicense.com or by contacting the department’s Customer Contact Center at 850.487.1395.  To access your continuing education credits, please follow these steps:

Go to www.MyFloridaLicense.com

Click on “Renew/Maintain a License”

Click on “View Continuing Ed”

Enter your User ID and PIN (this will bring you to your account summary)

Click on “Maintain/Renew this License”

Click on “View My Continuing Ed”

You may also obtain a listing of board-approved continuing education providers and courses online at www.MyFloridaLicense.com or by contacting the department’s Customer Contact Center at 850.487.1395.  To download a copy of this list from the department’s Web site, please follow these steps:

Go to www.MyFloridaLicense.com

Click on “Doing Business with Us”

Click on “Building Code Administrators and Inspectors”

Click on “List of Continuing Education Providers and Courses, and Hours Required”

Click on “Building Code”

The board has scheduled their meetings through June 2010.  To accommodate as many individuals as possible, the board will host meetings in Tallahassee, St. Augustine, Orlando, and Tampa.  Be sure to check the complete board meeting schedule included in this newsletter.  Should your schedule permit, join us for our meeting and be enlightened by the work of your board.  

To echo Chair McCormick’s message, we will miss former board members Rob Nagin and Dennis Franklin.  They were very valuable to the board and the industry.  We look forward to working with Art Barthlow, Dennis Carpenter, Gerry Demers, and Orlando Lamas.

Happy holidays to you.  Best wishes for a prosperous 2010!

Robyn Barineau, Executive Director
Building Code Administrators and Inspectors Board

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An Important Reminder About Limited Certificates

If you hold an active limited certification issued by the Building Code Administrators and Inspectors Board, or employ someone who holds a limited certification, you are reminded that the conditions attached to such certifications prohibit use of the limited certificate(s) if the employer or duties and/or responsibilities of the limited certificate holder change. These limitations are set forth in Section 468.609(6), Florida Statutes, and Rule 61G19-6.0011, Florida Administrative Code. As a certificate holder, you are deemed to have knowledge of the laws and rules governing your practice. Employing a limited certificate holder, or being employed as a limited certificate holder, in violation of these provisions, may subject the employer and the limited certification holder to discipline by the board or department, including restriction, suspension, or revocation of certification, and a fine up to $5,000 per separate offense.

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Technical Examinations Only Offered by
Computer-based Testing

Effective Jan. 1, 2010, technical examinations will only be offered by computer-based testing administration with the exception of the modular inspector exam, the modular plans examiner exam, and the roofing inspector exam.  These three exams will continue to be administered by pencil-and-paper administration.

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Accelerate Florida

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 license;
• 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.”

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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.  

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Reminders to Continuing Education Providers

1. Course providers shall notify the board in writing within 30 days of the effective date of any changes in information required to be listed in the initial registration – please see Rule 61G19-9.003(4), Florida Administrative Code.  This includes changes to telephone numbers or addresses, notice that you are no longer offering a course, and other important information.
2. After a course has been approved by the board, any substantive changes in the course content requires reapplication of the course to be submitted for approval by the board – please see Rule 61G19-9.004(10), Florida Administrative Code.
3. All individual license numbers should be included in the electronic file transfer to the department to ensure proper credit for licensees. 
4. After a licensee's completion of a course, the information must be submitted to the department electronically no later than 30 calendar days thereafter.  However, the continuing education provider shall electronically report to the department completion of a licensee’s course within 10 business days beginning on the 30th day before the renewal deadline or prior to the renewal date, whichever occurs first – please see Section 455.2178(1)(b), Florida Statutes.

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Helpful Reminders for Licensees

• Rule 61G19-6.016(3), Florida Administrative Code, allows individuals with four years of roofing experience with passage of the standardized, board-approved roofing inspector’s examination to be issued a roofing inspector’s license.  An alternate method of licensure as a roofing inspector is proof of certification as a roofing contractor or a state certified general contractor who was certified prior to 1974.
• Rule 61G19-6.016(4), Florida Administrative Code, requires that individuals applying for a modular inspector certification must pass the standardized modular inspector exam, which is currently offered by the International Code Council.
• Rule 61G19-6.016(5), Florida Administrative Code, requires that individuals applying for a modular plans examiner certification must pass the standardized modular plans examiner exam, which is currently offered by the International Code Council.

• Rule 61G19-6.0035(1)(b), Florida Administrative Code, requires all affidavits of work experience be signed by a licensed architect, engineer, contractor or building code administrator who has knowledge of the applicant’s duties and responsibilities during the period indicated.   As a postscript, if the applicant is a licensed architect, engineer, contractor, or building code administrator, they may self-certify their experience.

• Rule 61G19-6.0035(1)(c), Florida Administrative Code, requires applicants for licensure as an inspector or plans examiner to provide proof that they have at least one year of hands-on experience in the category of certification sought.

• Rule 61G19-6.0035(1)(d), Florida Administrative Code, requires applicants seeking to qualify through a combination of postsecondary education and work experience to submit an official copy of all college or university transcripts which document the applicant’s education in addition to all required work experience affidavits.
• Rule 61G19-6.004, Florida Administrative Code, deems an application abandoned whenever an applicant fails to return an application rejected for incompleteness or insufficiency within 90 days; the applicant may file a new application after abandonment along with the required fee.

• Rule 61G19-9.001(4), Florida Administrative Code, requires that licensees, who are first licensed when there is more than one-half of their initial biennial licensure period remaining, must only complete seven hours of continuing education, which shall include a minimum of one hour in the area of accessibility, prior to the end of their initial biennial licensure period.
• •Rule 61G19-9.001(5), Florida Administrative Code, exempts licensees from continuing education requirements if they have been licensed for one-half or less of their initial biennial licensure period.
• Rule 61G19-9.004(9), Florida Administrative Code, requires that licensees maintain their continuing education course completion certificates for three years.
• Rule 61G19-9.004(9), Florida Administrative Code, also allows licensees the opportunity to receive up to three hours of continuing education credit by attending a meeting of the Building Code Administrators and Inspectors Board if the licensee contacts the board office at least seven days in advance of the meeting.  Licensees shall check in with board staff and must sign in and out for breaks, and credit will be awarded on an hour-for-hour basis.

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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.

We encourage you to provide feedback via the "Feedback" link that is available in the Customer Service Spotlight section on MyFloridaLicense.com.

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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.

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Visit us on the Web at www.MyFloridaLicense.com