July 2009

In This Issue:

• Message from the Secretary
• Message from the Board Chair
• Message from the Executive Director
• Recovery Fund Experiencing Funding Shortfall
• Continuing Education
• Contractors Adjusting Insurance Claims
• Computer-Based Testing
• Legislative Updates
• Important Information from your Discipline Coordinator
• New License Application Center
• eNewsroom

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Message From The Secretary

With this economic downturn, many of us find ourselves struggling to use existing resources more frugally and to cut costs wherever possible.  This renewed focus on fiscal responsibility is happening across the board—at state agencies, in Florida’s business and professional community and even in our own homes.  At DBPR, we are focusing on cutting costs through increased efficiency.

Recently, we have targeted areas where we can increase efficiency for the department and for our licensees.  I would like to share some examples of our efforts with you. 

• We have reduced the time required to process exam scores for CPAs by more than half.  The National Association of State Boards of Accountancy is now transmitting scores as frequently as eight times per exam window, which is a three-month period. DBPR will now be able to provide eligible applicants with licensure packages more quickly, in approximately 30 days.

• We have removed the requirement that applicants submit corporate documents.  Before this change, documents from the Department of State had to be submitted by the licensee. Now, DBPR mines the documents directly from the Department of State system, thus reducing deficiencies and processing licenses faster.

• We have implemented computer-based testing for Farm Labor.  The Farm Labor Contractor registration examination, previously administered through the pencil and paper, is now offered via computer at multiple sites throughout the state.

A few months ago I sent a letter to all of our board chairs asking them to be mindful of the current budget times and to help us look for ways to save our licensees money and increase efficiency.  Many of our boards and licensees have risen to this challenge. 

Recently, the chair of the Board of Veterinary Medicine, Dr. Bob O’Neil, suggested that the board decline their statutorily authorized $50 daily board compensation.  The board agreed, and I would like to commend them on their dedication to public service.  In addition, our licensees, the Biscayne Bay Pilots Association, withdrew their application for a rate increase citing the distressed state of the economy and the possible impact to fellow stakeholders at the Port of Miami. 

It is inspiring to see what we can accomplish when we join together with a common purpose.  As we work through these tough times, I am confident we will be able to weather the storm with the support of one another.  I will continue to keep you informed about what the department and our partners are doing to support you.  You can find more information about our efforts by visiting MyFloridaLicense.com/dbpr/Accelerate_Florida.  I look forward to sharing our successes with you.

Sincerely,

Charles W. Drago, Secretary

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Message from the Board Chair, Jacqueline Watts

Construction Industry Licensing Board Welcomes New Members

On October 17, 2008, Governor Charlie Crist appointed Jerry Hussey, Elbert Batton, Roy Lenois and James Evetts to serve the citizens of Florida as members of the Construction Industry Licensing Board.

• Jerry Hussey is from Fort Myers and is a construction manager for HK Construction LLC.  Mr. Hussey received his certified general contractor license in 2004, having been licensed as a certified building contractor since 1985.  He is also a licensed certified roofing contractor.  He has served on the Lee County Construction Licensing Board and Lee County Board of Adjustment and Appeals.

• Elbert Batton, of Okeechobee, is the owner of Lake View Builders, Inc.  He has been licensed as a certified building contractor since 1974 and has served on the board of directors of the Treasure Coast Builders Association, Florida Home Builders Association and the National Association of Home Builders.

• Roy Lenois is the owner of Artesian Pools of East Florida located in Daytona Beach.  He has been licensed as a certified residential pool/spa contractor since 1983 and is an active member of the Florida Swimming Pool Association.  Mr. Lenois has served on the Volusia County Construction Contractors Appeals Board.

• James Evetts, of Port Charlotte, is licensed by the Building Code Administrators and Inspectors Board and is the Director of Building Construction Services for Charlotte County.  He has been named Building Official of the Year by the Gulf Coast Chapter of the Building Officials Association of Florida and is the past chairman of the Polk County Board of Examiners.

Governor Crist also reappointed Mark Pietanza to a second term representing Florida’s sheet metal industry.  Mr. Pietanza has been a member of the Construction Industry Licensing Board since 2003 and is the vice-president of operations for Atlantic Coast Fire Equipment located in Miami.

I welcome our new members and look forward to working with them.

Jacqueline Watts, Chair
Construction Industry Licensing Board

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Message from the Executive Director, G.W. Harrell

Honor and Commitment…

These are words that come to mind when I consider the contributions of members of the Construction Industry Licensing Board. Your board members are all active in the construction industry and dedicate at least a week of their time each month to meeting preparation and attending the board meeting. Their professionalism truly sets the bar for Florida’s construction contractors. Some board members have recently had their terms expire:

• Joan Brown was appointed to the board in March, 2000 and served as the pool contractor member for eight years. Ms. Brown chaired many of the board committees and served as Board Chair. Ms. Brown provided gracious leadership tempered with exacting standards. She was very compassionate about assisting claimants applying to the Florida Homeowners’ Construction Recovery Fund and chaired that committee for some time.

• Barry Kalmanson was appointed in November, 2002 as a building contractor member and served for six years. Mr. Kalmanson served as the chair of many of the board’s committees and Board Chair until the expiration of his tenure in November, 2008. Mr. Kalmanson was a very committed board member who provided intelligent leadership to the board on many complex issues, including establishment of minimum credit and bonding requirements for contractor applicants.

• Robert Stewart was appointed in August, 2004 as a building official member and served for four years. Mr. Stewart exercised a judicial demeanor and his advice from the building official’s perspective was invaluable.

• Doris Clark was appointed in February, 2006 as a general contractor member and served two years. Ms. Clark was committed to verifying the qualifications of contractor applicants and made a significant contribution as the general contractor member of the Additional Business Committee.

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

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Florida Homeowners’ Construction Recovery Fund Experiencing Funding Shortfall

Message from the Recovery Fund Administrator, Andy D. Janecek

Due to a shortfall in funding, there are insufficient funds available to pay claims received by the Florida Homeowners’ Construction Recovery Fund at this time.  We will continue to monitor revenues for the Recovery Fund and make payments 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.  The department will then present claims to the board, in the order they are completed, as funds become available.  We’re committed to keeping you informed and will notify claimants by mail when the claims are complete and when they are ready for board review.

For more information, please refer to the Frequently Asked Questions regarding the status of the Recovery Fund at http://www.MyFloridaLicense.com.

• Click on “Doing Business With Us.”
• Click on “Construction Industry.”
• Click on “Recovery Fund FAQ.”

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Registered Contractors – Have You Completed Your Continuing Education?

The renewal cycle for registered contractors and qualified business licensees is approaching, with those licenses expiring on August 31, 2009.  Prior to renewing your license, you must complete 14 hours of board-approved continuing education.  All certified and registered contractors must now complete one hour of laws and rules-related continuing education as part of the 14 hours that is currently required during each licensure cycle.

Additionally, all general, building, residential, roofing, specialty structure and glass and glazing contractors are required to complete one hour of continuing education related to wind mitigation methodologies.  Those licensees not in compliance with all continuing education requirements by the expiration date of the licenses may face non-renewal or disciplinary action.

Any registered contractor currently in a delinquent status who does not complete their CE requirements by the renewal date will lose their license, as the license will become null and void.  Contractors whose license becomes null and void will have to reapply for licensure.

To renew your license, login to DBPR’s Online Services at http://www.MyFloridaLicense.com, or call the Customer Contact Center at 850.487.1395.  For a complete list of continuing education providers and courses, visit http://www.MyFloridaLicense.com.

• click on “Doing Business With Us”
• click on “Construction Industry”
• click on “List of Continuing Education Providers and Courses, and Hours Required”

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Contractors Adjusting Insurance Claims

Message from the Florida Department of Financial Services

 

Sometimes contractors attempt to help victims of disasters by offering assistance with their insurance claim.  If they do so, they may illegally be engaging in the practice of public adjusting without being properly licensed by the Department of Financial Services.

The definition of a public adjuster, as explained in Section 626.854, Florida Statutes, is any person, except an attorney, who, for money or any other thing of value (which would include securing a contract for repairs):

• Prepares, completes or files an insurance claim form for an insured.
• Aids in any manner on behalf of an insured in negotiating for or effecting the settlement of a claim.
• Advertises or solicits for employment as an adjuster of such claims.

If you are acting as a public adjuster in any manner by negotiating or effecting the settlement of an insurance claim on behalf of an insured and you are performing any of these services for money, commission or anything of value without being licensed as a public adjuster (Section 626.854, Florida Statutes), you could be subject to arrest and may be charged with a third-degree felony as provided by Section 626.8738, Florida Statutes.

If you should become licensed as a Public Adjuster, you cannot enter into a contract to do both the public adjusting and construction work on the same property per Florida Statute 626.8795, Public adjusters; prohibition of conflict of interest:

"A public adjuster may not participate, directly or indirectly, in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the licensee; may not engage in any other activities that may be reasonably construed as a conflict of interest, including soliciting or accepting any remuneration from, of any kind or nature, directly or indirectly; and may not have a financial interest in any salvage, repair, or any other business entity that obtains business in connection with any claim that the public adjuster has a contract or an agreement to adjust."

If you should have any questions about what activities constitute acting as a public adjuster, please contact the Department of Financial Services at 850-413-3136 or through its website, http://MyFloridaCFO.com.

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Implementation of Computer-Based Testing for Construction Business/Finance Examination

Since January 1, 2009, the Business/Finance examination of the state certification examination for construction contractors has been administered by the department’s vendor, Pearson Vue.  All other construction examinations will continue to be administered by the department.  Please continue to register for all construction exams by contacting the department’s vendor, Professional Testing, Inc.

Applicants for licensure who pass any part of the construction examination after January 1, 2009 will pay a different fee when submitting their application. For additional information regarding scheduling the Business/Finance examination, see the Frequently Asked Questions online at http://www.MyFloridaLicense.com.

• click on “Doing Business With Us”
• click on “Construction Industry”
• click on “Examination Information”

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During the 2009 Legislative Session, the Florida Legislature approved House Bill 425, which Governor Charlie Crist signed into law. HB 425 reduces unnecessary regulatory burdens to assist individuals who are licensed under Chapter 455 or apply for licensure with the Department of Business and Professional Regulation. Changes include no longer requiring notarized documents, facilitating electronic submission of applications; eliminating the practical examination for Barbers and Restricted Barbers; and eliminating the requirement for a certificate of authority under s. 489.119, F.S., for a construction business organization.

Elimination of the qualified business license means that the department will no longer be issuing a separate license to your construction companies. However, construction companies must still retain licensed qualifying agents, and the name of the company will still appear on the qualifying agent’s license.House Bill 425 still provides for a fee to process applications to qualify a business and their renewals. As such, you will still need to renew your qualified business licenses by August 31, 2009. Going forward, you will only be responsible for one license for each business you qualify. As such, you won’t be responsible for a separate qualified business renewal cycle. This will make your renewals more convenient and will alleviate the need for additional paperwork. Please monitor the Construction Industry Licensing Board website at www.myflorida.com/dbpr/pro/cilb for additional information.

• click on “Doing Business With Us”
• click on “Construction Industry”

The bill also eliminates the requirement that applicants for registered contractor file a copy of their local occupational license.  HB 425 also provides that licensed contractors and other construction-related licensees will no longer be required to complete the core curriculum course on Florida Building Code training approved by the Florida Building Commission.

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Important Information from your Discipline Coordinator

Amanda Abbott, Discipline Coordinator

Are you currently suspended?

Is your license currently suspended? Is it because you had a final order issued and have not paid your fines and costs to the department, or have you not shown proof of restitution made to a homeowner? If you fall under one of the above categories, please contact the department at 850.487.1395 to make your payment. If you have recently received notification of your suspension and made payment, you must provide proof to the Executive Director as stated in your final order. Please make sure to contact the board office to have your suspension lifted, as it is not automatically reinstated!

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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.

Visit us 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