December 2009

In This Issue:

• Message From The Interim Secretary
• Message From The Director
• Message From The Chair
• Message From The Executive Director
• New Reporting Requirement for Criminal Convictions
• Combating Unlicensed Activity
• New License Application Center
• eNewsroom

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Message From The Interim Secretary

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

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Message from the Director, Tim Vaccaro

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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Message from the Chair, Noel Thomas

One of the major concerns that the members of the board hear is “What is being done regarding unlicensed activity?”  The Electrical Contractors’ Licensing Board does not have jurisdiction over unlicensed activity; that is handled by the department.  However, let me assure you that it is a topic at every board meeting. Each meeting the board receives the number of cases of unlicensed activity filed with the department.  Each board member shares your concern and I would like to ask you “What are YOU doing to curb unlicensed activity?”  Section 455.227(1)(i), FS, states that failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board is grounds for disciplinary action.  Does this mean that you will be cited for failing to report unlicensed individuals?  Not necessarily!  It does, however, express a responsibility as a licensed individual to assist in the enforcement of the licensing laws of both licensed and unlicensed individuals. Who is in the best position to know who is violating the licensing law? You know who is doing what in your community. You can assist in educating others of the requirements of licensure.

For the last few years the board has been working to get individuals working in low voltage to comply with licensing laws. During the last two board meetings, there has been an increase in the number of individuals requesting licensing as limited energy systems specialty contractors. However, for every individual applying, there are many more that need to be licensed. I ask you to report these individuals to the department. If you do not want to report them, then I ask you to give them the “Law Enforcement Quick Reference--Building/Electrical/Alarm Contractors” brochure. You can download this brochure from the department’s Web site.  Provide them the information necessary to become licensed.  If they continue to do business without a license, then file an unlicensed activity complaint.  To report unlicensed activity, please call the Department’s Unlicensed Activity Hotline at 1.866.532.1440, Monday–Friday, 8 a.m. to 6 p.m. (Eastern Time) or e-mail the information to ULA@dbpr.state.fl.us.

I would like to encourage you to attend one of our board meetings conducted around the state. Our meeting on Thursday begins with discipline cases. It will give you an opportunity to see what actions the board takes against licensed violators, and numerous individuals attending board meetings have told me that they learned something.  Several have recommended that every licensed individual should be required to attend a meeting as part of their continuing education.  While there is no plan to require attendance, you are more than welcome to come see your board at work. Also, please help the board to better protect the citizens of the state, regulate those individuals licensed by the board, and get unlicensed individuals licensed.

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Message From The Executive Director
Juanita Chastain

Renewals

As you know to maintain licensure you must renew your license in August of 2010.  It is not too early to start preparing. 

To renew, your must pay the appropriate renewal fee and for an active license you must complete the required 14 hours of continuing education.  The 14 hours must include:

• 7 hours technical
• 1 hour workers’ compensation
• 1 hour workplace safety
• 1 hour business practices
• 2 hours false alarm prevention (for all certified and registered alarm contractors and certified electrical contractors who perform alarm work)
• 1-3 hours general (3 hours for contractors not required to take false alarm prevention)
• 1 hour Florida Building Code advanced module course

I encourage you to routinely check 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.

In addition to checking on your continuing education credits, you can also locate courses by requirement using the same Web site.  To do so, please follow these steps:

• Go to www.MyFloridaLicense.com
• Click on “Doing Business with Us.”
• Click on “Find a CE Course.”
• Select the board “Electrical Contractors Licensing Board.”
• Select the requirement.
• Click the “Search” button (this will provide you with a list of board-approved courses).
• Click on the “info” button under the provider column of the course you are interested in taking.

The “info” button will give you the name and contact information of a course provider who is authorized to teach the course.

You can view the current listing of approved providers and courses at http://www.myfloridalicense.com/dbpr/servop/testing/CErequirementsbyboard.html

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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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Combating Unlicensed Activity

By Michael Green, Unlicensed Activity Administrator

 

The Department of Business and Professional Regulation’s Unlicensed Activity Program has pumped up efforts to aggressively address unlicensed activity around the state. Last year, during “On the Road to Better Business,” Secretary Charles W. Drago hit the road and worked from district offices across the state providing opportunities for customers to meet with him.   Many licensees raised concerns that unlicensed activity was creating serious harm to their professions by allowing unfair competition and unprofessional workmanship, among other issues.  The Secretary introduced the idea of enhancing the division’s proactive enforcement efforts with a statewide Sweep and Sting Initiative. In addition to regular sweep and sting efforts, for a week each quarter all the regional offices plan and hold sweeps and stings in their area. As they complete their actions, we report their results to the media. These efforts provided a statewide push for finding and preventing unlicensed activity and call attention to the department’s efforts to combat this harmful practice. These operations have been very successful resulting in arrests, issuance of Cease and Desist orders, citations, and cases. The media have responded well with a number of print and internet articles as well as broadcast news reports.

The most recent statewide operation was held the first week in November, and was considered one of the most successful statewide operations since the program began a year ago. The events resulted in seven house sting operations and 12 sweep operations statewide.  Unlicensed activity in the various professions regulated by the department are addressed during these events; however, the November sting operations targeted the construction and electrical trades, and resulted in 51 arrests statewide. 

This fiscal year, investigators are working to set another record breaking proactive enforcement year. Since July 1, 2009, they have competed 18 stings, of which 17 involved unlicensed activity in the electrical professions. Further, 27 of the 96 unlicensed activity sweep operations also addressed the electrical trades. 

The department believes educating consumers about the dangers of unlicensed and unscrupulous persons is one of the best ways to stop unlicensed activity.  In keeping with this commitment, over 110 educational or outreach events have been held statewide since the start of the 2009-2010 fiscal year involving over 30,000 Floridians. 

In addition, the Division of Regulation team is very interested in helping concerned licensees learn how to report unlicensed activity and filing a complaint that can be addressed through the investigative process.   Many local association chapters sponsor a speaker program to educate their members during monthly meetings.  If you would like a department representative to speak at an upcoming meeting, please contact the Unlicensed Activity Program Office at 850.488.6603 or email them at ULA@dbpr.state.fl.us.  

To learn more about the department’s efforts to protect consumers and integrity of the professional license, check out the department’s updated unlicensed activity Web site page at http://www.myfloridalicense.com/dbpr/reg/ULA.html.    The site has everything from tips on filing a complaint to links to recent news articles about unlicensed activity.

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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